E. J. Kile & J. W. Kile Trust Deed

D/T

K/184

The State of Texas}

County of Coleman} Know all men by these presents

That I Mrs. E.J. Kile joined by my husband J.W. Kile of Coleman County in the state of Texas in consideration of the sum of One Dollar to us cash in hand paid by A.W. Weaver, the receipt whereof is hereby acknowledged and in further consideration of the indebtedness hereinafter mentioned and the credit given to us for the payment of the same, have Granted, Bargained, Sold and conveyed and by these presents do Grant, Bargain, Sell and Convey unto the said A.W. Weaver, Trustee, and his successors in the trusts, hereinafter set forth, all and singular, the property described as follows, viz: All that certain Lot tract or parcel of land known as Block No2 out of the Mary Ann Fisk League Sur No 630 situated in Coleman County Texas except 200 acres out of the 664¼ acres of land deeded to me by Henry Smith & wife Aug 19th 1897 & said deed is refered to herewith for a further description of land reserved out of the above tract of land lies on North side of Subdivision No2 & the 464¼ acres hereby conveyed lies on South & East side of said 200 acres tract. Together with all and singular, the rights, members, heredictaments and appurtenances to the same belonging, as in (unreadable) incident or appertaining. To Have and to Hold all, and singular, the said premises unto him, the said A.W. Weaver his "his" successors, and his or their assigns, forever in trust, however for the following purposes and upon the following conditions; viz. If We the said Mrs. E.J. Kile & J.W. Kile shall well and truly pay off said discharge at the maturity thereof, according to the tenor and effect thereof one promissory note made by Mrs. E.J. Kile & husband J.W. Kile payable to the order of A.W. Weaver and described as follows:

$300 The sum of Three hundred Dollars for Value received payable at Santa Anna Texas Jany 1st 1900 together with Int at rate of 10% per annum until payd with provission for 10% atty fee in case it became necessary to place said note in hand of Atty for Collection, then the said conveyance shall become null and void, but if default shall be made in the payment of said promissory note or any of these, or any installments of interest thereon when the same shall be due and payable according to the tenor and effect thereof, then the said A.W. Weaver Trustee or his successors in this trust shall be, and is hereby authorized and empowered, when requested so to do, by the holder of said note or of any of them, after such default, to sell the said property at public auction for cash, at the time and place and in the manner and after such advertisement as (unreadable) be at the time required and provided by the statutes of Texas for sale of real estate under Trust Deed; and after such sale to make to the purchaser or purchasers thereof a good and sufficient deed in fee simple to the premises so sold, with the usual covenants and warrants, and to receive the proceeds of said sale, which shall be applied as follows: First to the payment of all necessary costs and expenses incident to the execution of said trust, including a reasonable fee to the Trustee. Second, to the payment notably, of the said note then unpaid, principal and accrued interest (it being understood that when default shall be made in payment of any of said notes, or any installment of interest thereon, all the others shall become at once due and payable, at the option of the holder or holders thereof) Third, the remainder, if any there shall be paid to Mrs. E.J. Kile or to her heirs or assigns. The Deed or deeds, which shall be given by the said Trustee or his successors, to the purchaser or purchasers, at such sale, shall be prima facie evidence of the truth of all the recitals therein as to default in the payment of said note, or either of them, or of interest due thereon, the request to the said Trustee to sell, the advertisement of such sale, the proceeding at such sale, the facts if any, authorizing a substitute to act in the privises, and of everything necessary to the validity of such sale. In case of death of said A.W. Weaver Trustee, or of his removal from the County of Coleman or his refusal or inability for any reason to make said sale or to perform said trusts, then the holder of said note, or any of them, shall have the right, and are hereby authorized and empowered to appoint in writing a suitable person, who resides in the said County of Coleman who shall become the Trustee herein, as the substitution for said A.W. Weaver and all the estate powers and trusts hereinto for granted to or vested in the said "A.W. Weaver: And we further covenant and agree with said A. W. Weaver Trustee that we will at all times during the continuance of this trust, and as long as said note or as any of these remain unpaid, Keep the buildings and improvements on the above described premises insured against loss by fire in same solvent insurance company or companies to the extent insurance can be obtained thereon, and with transfer the insurance or an amount thereof equal to the amount due on said note and deliver the policies to said A.W. Weaver Trustee, with loss, if any, payable to said Trustee, as his interests may appear. And if we fail to keep said property so insured and transfer the same as above, then we hereby Authorize said Trustee to have the same so insured, with loss so payable to him, and agree that the premiums paid therefor shall be treated as expenses and costs of executing this trust:

Witness our hands this 13th day of July 1899

E.J. Kile

J.W. Kile

The State of Texas}

County of Coleman} Before me L.V. Stockard a Notary Public in and for Coleman County, Texas this day personally appeared Mrs. E. J. Kile & her husband J.W. Kile both known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same for the purposes and consideration therein expressed. Mrs. E.J. Kile wife of the said J.W. Kile having been examined by me privily & apart from her husband and having the said instrument explained to her fully she the said Mrs. E.J. Kile acknowledged the same to be her act and deed and declared that she willingly signed the same for the purposes and consideration therein expressed.