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HomeMy WebLinkAbout11182021 ZBA Agenda Item 2 City of West University Place Public Works Department To: Zoning Board of Adjustments From: Alfonso Acosta Date: November 18,2021 Re: Staff Report for Docket 2021-0018,3908 Riley St. Applicant's Request Applicant is requesting a variance to allow a second gas meter for a back-up generator at 3908 Riley St. Background Information The second meter would be denied due to the Zoning Ordinance only allowing one on a single family detached building site. Appendix A, Article 2, Section 2-102 Certain Terms, Single-detached use. (2) There is no multiple utility service on the building site. Variance Request Applicant is requesting a variance to install a second gas meter for a back-up generator. (1) The ZBA has made all findings and determinations required by state law for the granting of a variance. A "special condition" or "hardship" that is self-created, personal or based only on financial reasons is not sufficient to support the issuance of a variance. (2) The ZBA has made any additional findings and determinations required by a specific provision of this section which relates to the variance. (3) The variance has been reduced to writing and includes any conditions prescribed by the ZBA or required by this section for the variance in question. The findings to grant a favorable result for this application are as follows: (1) The ZBA must find that a literal enforcement of the ordinance would result in an unnecessary hardship. (2) By granting the variance would the spirit of the ordinance be observed and substantial justice done? (3) Would the variance be contrary to the public interest? 3826 Amherst St. www.westutx.gov West University Place, TX 77005 713-662-5830 City of West University Place APPLICATION TO THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS ("CITY") Address of site: 3908 Riley St, Houston, TX 77005 Legal description of the site: TRS 10A&11A,BLK 5,Collegeview SEC 1 Applicant: Navkiran&Simmi Basra Address: 3908 Riley St,Houston,TX 77005 laymanceartlighting@ Contact: Elda Loya-PM Phone: 713-271-6271 Fax: N/A Email: gmail.com Decision or Action Requested(check one or more and provide requested data): ( ) Appeal. Hear and decide an appeal from an order, requirement, decision or determination made by the Administrative Official. • Is the official's action in writing? ( ) Yes; ( )copy is attached. ( )No, but the action appealed is as follows: • When was the action taken? Note: Appeals must be filed within a reasonable time. Please explain any delay below: • Exact zoning ordinance section(s) involved: • Grounds for appeal: ( ) Special Exception. • Exact zoning ordinance section that authorizes the special exception: • Exact wording of special exception requested: ( x) Variance. • Exact zoning ordinance section from which a variance is requested: Appendix A,Article 2,Section 2-102 Certain terms. Single detached use. A use of a building site which • Exact wording of variance requested: meets all of the following criteria;(2)There shall be no multiple utility service on the building site. Add new gas meter and service for emergency power generator Other Data. Are there drawings or other data? ( )No (x)Yes(list items here and attach them) Exhibits on owners survey to specify proposed location of generator Generator Specification Sheet Letter outlining reason for the second gas meter and generator installation Attached. The applicant has read the State and City regulations attached. Signature of applicant: � , Date: tb 2- ,Q For Staff Use only Date filed: /D - 7"2/ Date heard: 1 1 -(e"- p2-2 I- 000 F orm LBA- O? Docket#: JL LAYMANCE LIGHTING City of West University Place Zoning Board of Adjustments 4130 Byron Houston,TX 77005 713-662-4441 RE: Generator Installation at 3908 Riley St, Houston,TX 77005 October 6, 2021 Dear City of West University Place, Our company has been retained by the Navkiran family at 3908 Riley St, Houston,TX 77005 to install a residential standby generator for said address. A generator is of extreme importance because of the family's elderly (80+) parents need of electricity;that without would put them under undue hardship and strain affecting their health due to their advanced age. As this past year's ice storm and prior several devastating hurricanes that have hit the city have shown, the need for a generator is critical given the many days that many were without power and no predictable dates of it being returned. The generator to be installed, if permitted, is a Generac Guardian Series 22KW chosen for its safety and service capability. The proposed generator location would require a 2nd gas meter ensuring no interruption of power and reducing the liability and/or responsibility on the existing gas line. The gas and electric meters are currently located on the opposite sides of the home and trenching either a gas line or electric conduit from one side of the yard to the other will require considerable excavation on the property grounds; as the lines are required, by code to be 18" in depth. The 2"d gas meter would protect the fragile and strained health (suffered during the Texas Winter Storm) of extensive new and mature trees and bushes/plantings running along the perimeter of the home from damaging trenching. Per Appendix A, Article A, Section 2-102 Certain Terms—this variance request is made to the Zoning Board of Adjustment to eliminate the hardship of unexpected power outages to the family. It is also agreed with the complete understanding that the new gas meter is for the exclusive use of the generator and not for a rental or 2"d dwelling and would allow both meters on the same side of the home for easier access. Thank you in advance for your consideration. Please let us know if you need any additional details. Regards, Elda Loya, Laymance Lighting and Navkiran and Simmi Basra Laymance Lighting 5620 S Willow Dr Houston,TX 77035 Ph: 713-271-6271 Eml: laymanceartlighting@gmail.com • PROBSTF LD T S : • PRO ION" `ND, UIZ:. YO . � ESS AL.:hA. .. .. S: .. �. 12_S �. ... .. . . 515ParIz Ci rove,Suite T 02 Katy,Texas 77450 Office(281)'.829q034" ax( 81)829 0233: .,: : • N • • Lot•8 L'ot.'9 "East, 54 60 fron Rod ' CIT'? OF WEST UNIVERSITY'PLACE. Iron.Rbd' kd' bD`� - y Ehd.'1/2°+': _ -. STANDARD ZONING-REGULATIONS 0'2 0:2, 8 wood fence'., - b°'` 01 }ron PIPs -SEE,CHARTER &:ORDINANCES HIES - `' IF--'- -• , TABLE.7-2 YARDS.(OR.SETBACKS) y IP B .- - " b b _ • - FRONT YARD SETBACK -:2Q':. , LOt . ,'11, SIDE YARD•SETBACK 5 - •. ' 0a'. : �T/G 4951 CoiiegevieW::'. ` ATTACHED ACCESSORY 5 T/c'49.at DETACHED ACCESSORY 3 8.wood fenpe F/L 48,14 e. '1)498 : (VOI, 6- Pg 44 HCMR),: ' ., REAR YARD'SETBACK .• '20. 'A/Cc Pods 1 2.3 _ (MAIN.RESIDENCE), .... .-. 1•)4997 `a'?o'' - ..41:5 : 3)49y .. �,' - Lot•: '1a 1 4gs s 1)498 r0 .T/G 4897 0`: 2• O -2) - 1i- n,2)TF/G 44891387•: "� •• • •••• • • - .. • a 'd.o FAo- 2•' 1 498. b .. . 2 Story •1)497 '1.. 2TS C:Cb $C O.. '�+' r;''' 11 o :3496. b9 1 3'�•' Stotre �o, 3498 tl•- � . -p z _ ',FF.51;26 •}'-' c .. •0 O- Ct7• — - .1)49.8 0. //G.46.02.. 2 3)4917 'CD , .O' o Z_S 7 0 -8'4.. 8 3 -5.7• l)49:7 Q Iron Rod ` i. o+ Icon Rod _ . Iron Rod. Iron'Rae Irop,;Rod • bg, b'9 q9._ '10ca0'. .•' 57.38'• - _ 9 T s West 55 1.0 9.83 ..'Iran Pipe 5: ' (N 46 43 . TPoipnc•,Pheipde ••• x (Call 500)•j'": �.. 024 •• • • • ••:FND NAIL:IN"POWER POLE C 41 59 - • •` ... ..®TSARP'-BFE 48.70•.. .G 47.88 :. : (:'47 75 • _G:41.66, Riley Stx-e-et 6/L-'48,14. • .+48:44,• "�Lender,.:Republic:State'M'ortgaga - ? "" - _ 'SURVEY`RE 1SED.3 1:4"06 TOREFLECT`CURRENT.TITLE'R POR•T'INI°ORMATION."NO'FIELD WOl iE W A S''PERFORMED'IATI THIS:TIME"' -.'r ,..•,,, •NOTE: All bearings care'referenced.to the.recorded;plat.unless'otherwise:n.oteC: . •Lot subject.to any end..all'vnrecorded easements used by or through•the;City of West University'Place - _ -Lot.subject to a sanitary,sewer easement of.undetermined width along•the-rear property line ,as^.shpWp on:;the;Public WorJcs Mape.:of�the-City•of Wast';Urllver;3ity Place.•' (SURVEYOR.FINDS NO PHYSICAL EVIDENCE,.TO,DETERf)INE EXACTt-LOCATION) • Lot•subJpctto Ehe,,City•'.of West University..Place.Zoning Ordinances•as recorded in Voltme1075,'Pogq 4$5 of the Dped Records end under•Gerk''e.Fi(e:Nil R-74f573;of-Halos-County, Texas., "''" (NOT'SHOWN'.ON SURVEY). • • TSARP data available for.this area: Subjeot tract',Iles,within the deeig-nated'.1%floodplains (100-'yr) Base•Flood Elevation Elevations,shown•based.on,City of,West University.Behchmart•No 5 .Eievatlon=:,.51.55 NAVD88 (2001.atjJuetrnertt) - ' TSARP flood hazard information'1s educational &.cannot:be Used to determine.flood'insurance:rates or,status.,The Harris.Cpunty Wood',•,Cyontrol,District bps supplied this data.. This information is•subject to; Lot 8 L°t 9 East 54 60' (Call 55.00') Fnd. 1/2" ,� �d. 1/2. /ERSITYREGULATIONS PLACE Iron Rod 0 2 �°)' 0 (N o3fi) Fnd P Pe. ORDINANCES 0.2 8' wood fenceIron h (OR SETBACKS) g ��. 0.2 ? txc`.o 8' wood fen , h": h :K 20' Lot 11 o e� aa,. Colle9 5' ■ `� a�. E isting Covered Structure RY 5' T/G 49.01 ��� s, T/G 9.St Vol. 6. Pg ZY 3' 8' wood fence F/L 48.14 8 67 lx�5 g 4 1)49.8 20 A/C Pods 0' v 2)4g.8 ICI ° 3)49.8 1)49.97 �� _ 0 41.5 12 . 2)50.12 a a� _ 2 `D 5.6 �o. Lot 10 C 5.5 0 2.2 01 O 1)49.6 1:3. £ 1)49.8 U1 p 2)T/G 48.97 0 2 2 o TIC 49.17 F/L 48.13 3 1 3 := p 1 ■3 °n 2)F/L 48.38 0 oO 3)49.5 Co ~ 3)49.8 O o 2 Story J u 1)49.8 -� 1)49.7 1 Stucco 8C 2 2)49.6 n ,....1 2}49.4 ��. `3 00 Stone 1cr' 3 �h 3)49.8 `? ,.0.. OZ FT 51.26 co 0 I� 1)49.8 v 1)49.6 El 2 T/G 49.. ,..,: CD T/G 48.77 II tg .4 , Rtt adater O 2)F/L 48.02 2 3)49.5 s 1 s3 G 50.60 0 II o 0.2 NFF 7.0 8F'' .4 8.3 5.72 2)49 8 49.7 0 0, = W II,COV.'i, a � t O Z t? J- p 15.8 �o° oho, cy^� O 0.1 5.6' a h t. d N Fnd. 5/8" Fnd. 5/8" a a Iron Rod Iron Rod t.cb• c) Fnd. 5/8" 'S ti N g i Iran Rod f\ ' ,, . , ;` a� 49.02 ° 10.00f:: lit Fnd. 1/2" 57. 50.00' 55.08' 49.16 4 West < 55.10 s 48.83 Iron Pipe '''" f �) f °Call 55.0Q (N 46'43' E) 4 Q 0.24' FND NAIL IN POWER POLE � T/C 48.59 T/C 48.27 T/C 48.24 ® TSARP BFE 49.70' G 47.88 G 47.75 G 47.66 Riley Street ,:,.,,,,,,A,.._. C/L 44114 50' 48.04 5Q R. Q. W. rtgage ` TO REFLECT CURRENT TITLE REPORT INFORMATION. (NO FIELD WORK WAS PERFORMED AT THIS SME) terenced to the recorded plot unless otherwise noted. unrecorded easements used by or through the City of West University Place. .,..__ ___. ....a._f.c.,,r,v4otarmined width along the rear property line _as_shown_r.._.,__ ►►.a MN of West Uni' oar * 1 )49 • ��/) 1 2 T G 49. 17 '\"'-------- F�a 2) L 48. 38 C-�' ---� 3)49 . 8 0 o ai tperete pad 32 x 55 49* " fr® wall and -P' , 1 ) 0 fence,n >3" at ends for 0 �• r ac spa ilit , >. 5' from iiii 4) 3)49. 8 ....... mi operable window Proposed Generater � C - iafacrr spec. _ di )49. 8 it."-: ' - %,,,,..- „„Emi, tt.,;: „,, a - - rog4 -4,-- - --4tric Meter 0, 3)4 � 1 H! 0 1 )49 .7 - , . Go. :e Maps 3908 Riley St V y t �.. ik f a -4,-;,::. J� ` + t P e x y el 1...... '' 1 , , ', 1, grrtoti":;,,,:i:•„'„,,,11::i'l, i '21:''1,•,,*,:,.,','1*:,,',7„,''''','''',, ,-7,: .'..' , 134:1, . 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SAN ANTONIO, TX 78257 < ; CO 1' O i [Space Above This Line For Recording Data] , DEE l� q 'UST ' NOTICE OF CONFIDENTIALITY R.'„2 HTS I E4YOU ARE A NATURAL PERSON, co YOU MAY REMOVE OR STRIK ANY OR ALL OF THE FOLLOWING cD INFORMATION FROM ANY INST'. MENTA, HAT TRANSFERS AN INTEREST o IN REAL PROPERTY BEFORE ITFOR RECORD IN THE PUBLIC C RECORDS: YOUR SOCIAL SECUR 1 k'- `e+ RF OR YOUR DRIVER'S LICENSE W NUMBER. DEFINITIONS . Words used in multiple sections of this docu ,� A • ned below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules • • oe usage of words used in this document are also provided in Section 16. t14'4 (A) "Security Instrument"means this doc • _ ted November 7, 2014 , together with all Riders to this document. (B) "Borrower" is NA RAN SINGH .`' and SIMMI JAGGI BASRA, HUSBAND AND WIFE E.RECORDER GF# I Lfo15S15/-_S VERITAS TITLE R '" 1 LABAMAPA,STP.TNERS 203 • ' HOUSTON,TX 77098 Borrower is the grantor under this Security I r ment. „ (C) "Lender" is COMPASS BANK IEE TEXAS-Single Family-Fannie Mae/Freddie Mac UNIFORM INS:11; ENT Form 3044 1/01 Wolters Kluwer Financial Services VMP®6(TX)(1302).00 -° . Initials: �� u 04 Page 1 of 16 III II III ii I II 11111 1 Lender is a Alabama State Bank organized and existing under the laws of the State of Alabama Lender's address is P. 0. Box 10687, Birmingham, AL 35202 • Lender is the beneficiary under this Security Instrument. 1 TR (1)) "Trustee"is JNtete DENNES . Trustee's address is 401 West Valley Avenue, Birmingham, AL 35209 (E) "Note"means the promissory note signed by Borrower and dated November 7, 2014 The Note states that Borrower owes Lender Five Hundred Seventy One Thous- No/100ths (U.S. $ 571,000.00 )plus interest. Borrower has promised to pay this debt e: Pe ', CO Payments and to pay the debt in full not later than December 1, 2044 (F) "Property" means the property that is described below under the heading` r o. 'ghts in the Property." N (G) "Loan" means the debt evidenced by the Note,plus interest, epay i t • ges and late charges due under the Note,and all sums due under this Security Instrume , interes CO (H) "Riders" means all Riders to this Security Instrume e ex by :orrower. The following CD Riders are to be executed by Borrower[check box as p able]: CC Adjustable Rate Rider Condomini •d Second Home Rider w I Balloon Rider Pl• i i: l evelo Rider 1-4 Family Rider I VA Rider I I • v. + nt • ®Other(s)[specify] RENEWAL AND EXTENSION EXHIBIT/FINANCING RIDER (I) "Applicab • ,w" means all controlling applicable federal, state and local statutes, regulations, ordinances • 'i'. trative rules and orders (that have the effect of law) as well as all applicable final, non-a• •i e judic. opinions. (J) " • •'ty A 'ation Dues, Fees, and Assessments" means all dues, fees, assessments and other tha e .osed on Borrower or the Property by a condominium association, homeowners imilar organization. AI • •nic Funds Transfer" means any transfer of funds, other than a transaction originated by Tr, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic -nt, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items"means those items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. TEXAS-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT VMP®6(TX) 03021.00 Page 1 of 16 Intiais:,r Form 3044 1/01 (0) "Periodic Payment"means the regularly scheduled amount due for(i)principal and interest under the Note,plus(ii)any amounts under Section 3 of this Security Instrument. (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (12 C.F.R. Part 1024), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan"under RESPA. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY V This Security Instrument secures to Lender: (i)the repayment of the Loan, and all renewals, extensions and r, modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this CO Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in the County of HARRIS N [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] THE WEST TEN (10) FEET OF LOT TEN (10) AND THE ADJOINIM EAST m^.1- CO ^rCO (45) FEET OF LCTT ELEVEN (11) , BLOCK FIVE (5) , OF •o Dee EW, SUBDIVISION IN HARRIS COUNTY, TEXAS, ACC I rt., •THEREOF RECORDED IN VOLUME 6, P 'Hz_, O •• tiaz •F COUNTY, TEXAS - W )1114,C!ii Parcel ID Number: 0551450000019 which currently has the address of 3908 RILEY STREET [Street] HOUSTON [City], Texas 77005 [Zip Code] ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. TEXAS-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT VMP®6(TX)(1302).00 Page 3 or 16 Ir,t ars A17 Form 3044 1/01 0 THIS S' ' " "UMENT combines uniform covenants for national use and non-uniform covenants with ' by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM A S. Borrower and Lender covenant and agree as follows: 1. Payment o 114. , .terest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay w i,n due the ncipal of, and interest on, the debt evidenced by the Note and any prepayment charges . late char• due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. 4e under the Note and this Security Instrument shall be made in U.S. currency. However,if a i or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check ' drawn upon an institution whose deposits are insured by a h- federal agency, instrumentality,or entity; o Electronic Funds Transfer. pp Payments are deemed received by Len hen received at the location designated in the Note or at O such other location as may be designated r in accordance with the notice provisions in Section 15. 1 Lender may return any payment or ym-• if the payment or partial payments are insufficient to T bring the Loan current. Lender ma sept an ment or partial payment insufficient to bring the Loan N current, without waiver of any rights here prejudice to its rights to refuse such payment or partial ' payments in the future, but Lender is n. ' to apply such payments at the time such payments are CO accepted. If each Periodic Payment is s scheduled due date, then Lender need not pay O interest on unapplied funds. Lender may 8• i such una• 'ed funds until Borrower makes payment to bring PP� Y PY the Loan current. If Borrower does not do so within a onable period of time, Lender shall either apply CC such funds or return them to Borrower. If 1• ap• , such funds will be applied to the outstanding W principal balance under the Note immediat• o closure. No offset or claim which Borrower might have now or in the future against Le 1 shall relieve Borrower from making payments due under the Note and this Security Instrument or perfo .,ng the co s •is and agreements secured by this Security Instrument. 2. Application of Payments or Procee• xcept . .erwise described in this Section 2, all payments accepted and applied by Lender shall b • 1 e following order of priority: (a) interest due under the Note; (b) principal due under the No , amodue under Section 3. Such payments shall be applied to each Periodic Payment in the order in whic 1 ,ecame due. Any remaining amounts shall be applied first to late charges, second to any o t .8.• . under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for l elinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payme•" may b •pplied to the delinquent payment and the late charge. If more than one Periodic Payment is outs .5 i., der .y apply any payment received from Borrower to the repayment of the Periodic Payments i. •• -nt that, each payment can be paid in full. To the extent that any excess exists after the pay plied to the full payment of one or more Periodic Payments, such excess may be applied to any late . ges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in e Any application of payments, insurance proceeds, or Misce 'eon s to principal due under the Note chall not extend or postpone the due date, or change the . - 'eriodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender . .i e •. ••dic Payments are due under the Note, until the Note is paid in full, a sum(the "Funds") top • -nt of amounts due for: (a)taxes and assessments and other items which can attain priority -r this S. "ty Instrument as a lien or encumbrance on the Property; (b) leasehold payments or groan. •nts o• 'roperty, if any; (c) premiums for any and all insurance required by Lender under Sectio• • ' gage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu 0 nt of Mortgage TEXAS-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT VMP®61TX) (1302).00 Page 4 of 16 Initials:M. ' 3044 1/01 ON*" .� T, J 1144w Insurance premiums in accordance with the provisions of • "on • "'" ese items are called "Escrow Items." At origination or at any time during the term of th- *an, Le•: may require that Community Association Dues, Fees, and Assessments, if any, be escro , •wer, and such dues, fees and assessments shall be an Escrow Item. Borrower shall pro•• ii . • Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender th• nds for crow Items unless Lender waives Borrower's obligation to pay the Funds for any or all crow Ite Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow D. • . • u e. Any such waiver may only be in writing. In the event of such waiver, Borrower Shall pay di i en and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, Shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and N Borrower fails to pay the amount due for an Escrow Item, Le••- may exercise its rights under Section 9 c0 and pay such amount and Borrower Shall then be r• •:ated • : Section 9 to repay to Lender any such O amount. Lender may revoke the waiver as to an ' Items at any time by a notice given in ) accordance with Section 15 and, upon such revocation, er shall pay to Lender all Funds, and in 1— such amounts, that are then required under this Section 3. CV Lender may, at any time,collect and hold ount(a)sufficient to permit Lender to apply • the Funds at the time specified under RESPA, •, t to exceed the maximum amount a lender can CD require under RESPA. Lender shall estimate the a••, •f Funds due on the basis of current data and preasonable estimates of expenditures of futu r scrow ti or otherwise in accordance with Applicable Law. CC The Funds shall be held in an ••• deposits are insured by a federal agency, W instrumentality, or entity(including Lende , f Len.- . • institution whose deposits are so insured)or in any Federal Home Loan Bank. Lender s•. apply the ' ••s to pay the Escrow Items no later than the time specified under RESPA. Lender shall n• -•. ge Bo ower for holding and applying the Funds, annually analyzing the escrow account, or verifyi the Escro I tems,unless Lender pays Borrower interest on the Funds and Applicable Law permits Lend, - 1. e • a charge. Unless an agreement is made in writing or Applicable Law requires interest to be p.. unds, Lender shall not be required to pay Borrower any interest or earnings on the Funds :orrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender - ( :ive to =•rrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds •eld in es' w, as defined under RESPA, Lender shall account to Borrower for the excess funds in : ..rdance -.. RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender 11 • 'fy Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to • .e u i•a shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a • • Funds held in escrow,as defined under RESPA, Lender chall notify Borrower as required by RESP• , .._ orrower shall pay to Lender the amount necessary to make up the deficiency in accordance 'th RESPA, but in no more than 12 monthly payments. Upon payment in full of secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held 4. Charges; Liens. Borro pay all taxes, assessments, charges, fines, and impositions attributable to the Property ' • attain priority over this Security Instrument, leasehold payments or ground rents on the Props A. • Community Association Dues, Fees, and Assessments,if any. To the extent that these items Escrow •• ,Borrower shall pay them in the manner provided in Section 3. Borrower shall promp. -• any lien which has priority over this Security Instrument unless Borrower: (a) agrees in '': .. .ayment of the obligation secured by the lien in a manner acceptable to Lender, but only so o it - er is performing such agreement; (b) contests the lien in good faith TEXAS-Single Family-Fa ., reddie Mac UNIFORM INSTRUMENT VMP8-6(TX)(1302).00 Page 5 of 16 Initialer Form 3044 1/01 by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given,Borrower shall satisfy the lien or take one or 4 more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. . Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on ro.Iry insured against loss by fire, hazards included within the term "extended coverage," and any r including, but not limited to, earthquakes and floods, for which Lender requires insurance. s 1 be maintained in the amounts (including deductible levels) and for the periods that d7 es. Lender requires pursuant to the preceding sentences can change during the term of CO the • e ins carrier providingthe insurance shall be chosen byBorrower subject to Lender's CO J O right • •. pprov orrower's choice, which right shall not be exercised unreasonably. Lender may require B pay, in connection with this Loan, either: (a) a one-time charge for flood zone r determination, ification and .ng services; or (b) a one-time charge for flood zone determination CNI and certification services and subs-. • charges each time remappings or similar changes occur which , reasonably might affect such dete el' 'o or certification. Borrower shall also be responsible for the co payment of any fees imposed by F al Emergency Management Agency in connection with the CD review of any flood zone determi' •n r m an objection by Borrower. CD If Borrower fails to main . • any v described above, Lender may obtain insurance CC coverage, at Lender's option and Bo expe nder is under no obligation to purchase any LLJ particular type or amount of coverage. erefore, coy.• '- shall cover Lender,but might or might not protect Borrower, Borrower's equity in th rty, or - 'tents of the Property, against any risk, hazard or liability and might provide greater or r coverag. " 1. 1 . • previously in effect. Borrower acknowledges that the cost of the insurance covera e • ob mi:. •'ficantly exceed the cost of insurance that Borrower could have obtained. Any am. •. . rsed b-oder under this Section 5 shall become additional debt of Borrower secured by this Security Ins . These amounts shall bear interest at the Note rate from the date of disbursement and shall be pay. 'th • '• , upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such poi' '- • :i be subj to Lender's right to disapprove such policies, shall include a standard mortgage cla :id s e Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold po s -wal certificates. If Lender requires, Borrower shall promptly give to Lender all receipt d ." to :o a renewal notices. If Borrower obtains any form of insurance coverage, not otherwise r ' by for damage to, or destruction of, the Property, such policy shall include a standard mortg. shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. - "4 may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agr in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, s i. be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If TEXAS-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT ,r� V MP®6(TX)(1302).00 Page 6 of 16 Initial,: / t Form 3044 1/01 the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any,paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the O coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or 00 to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 00 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal CD residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender Notherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 'a or) 7. Preservation, Maintenance and Protection of the Property; Inspections. Borr• - •t CO destroy, damage or impair the Property, allow the Prope to •- ' ate or •mmit t • t , O Property. Whether or not Borrower is residi i.: " o orro r s.. - 'r CC order to prevent the Property -t or creasing al : ,ue to s ndition . W det- d • to Section 5 • t r r rest. tion is eco I al bl- .. •wer .. sr .. epair Property if .> .g ay.'. .- • 'o .... or (damage. If insurance or • -••• 'on pr. eds are paid in ' .-c wit. IF:i1•ge to, or the taking of, the Property, Borrower .. .- - for repairing or restoring the Property only if Lender has released proceeds for such Ailikii, urp•, . Le.•er may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a)Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument(such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing TEXAS-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT 4 VMP®6(TX) (1302).00 Page 7 of 16 Initiais:,./4.: Form 3044 1/01 the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument,including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, sem;, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water • •m • •es, eliminate building or other code violations or dangerous conditions, and have utilities turned - •. f. Although Lender may take action under this Section 9, Lender does not have to do so and is not • or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all o• •tho d under this Section 9. •i y .• s s •isbursed by Lender under this Section 9 shall become additional debt of Borrower sec • b S-- ♦ Instrument. These amounts shall bear interest at the Note rate from the date of disb • and sh., •e payable, with such interest, upon notice from Lender to Borrower requesting payment. 00 If this trument is on a leasehold, Borrower shall comply with all the provisions of the 00 lease. If Borro• squires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writ• 10.Mortgage Insurance. If required Mortgage Insurance as a condition of malting the Loan, NBorrower shall pay the premiums requ' • maintain the Mortgage Insurance in effect, If, for any reason, the Mortgage Insurance coverage re, d •; -nder ceases to be available from the mortgage insurer that previously provided such i s .s< !.sid •wer was required to make separately designated payments CO toward the premiums for Mo `. :e I s• A. •rrower shall pay the premiums required to obtain coverage substantially equivalent to the ASIP :- I' ance previously in effect, at a cost substantially equivalent to the cost to Borrower o "ortgag- .. e previously in effect, from an alternate CC mortgage insurer selected by Lender. substant •"valent Mortgage Insurance coverage is not LWJ available, Borrower shall continue to pay to •! 5 e amo the separately designated payments that were due when the insurance coverage ceases ••e in effect. nder will accept, use and retain these payments as a non-refundable loss reserve in 1i- of Mortga Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loa ul• y in full, and Lender shall not be required to pay Borrower any interest or earnings on su eserve •er can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount a.' .` period that Lender requires) provided by an insurer selected by Lender again becomes a • , is obtained, and Lender requires separately designated payments toward the premiums for Mortga•• uranc r required Mortgage Insurance as a condition of making the Loan and Borrower was r •uired separately designated payments toward the premiums for Mortgage Insurance, Borrower e premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundab s r e, • Lender's requirement for Mortgage Insurance ends in accordance with any written agr eme t b orrower and Lender providing for such termination or until termination is required by Appli •s this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Mortgage Insurance reimburses Lender (or any entity that purchases the Note) fora may incur if Borrower does not repay the Loan as agreed. Borrower is not a party s- Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time • I , enter into agreements with other parties that share or modify their risk,or reduce losses. These a: ee is are on terms and conditions that are satisfactory to the mortgage insurer and the other party(or parti= • these agreements. These agreements may require the mortgage insurer to make payments using any sourc of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that TEXAS-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT /�J VMP'6(TX)(1302).00 Page 8 of 16 Initials: "' Form 3044 1)01 444 deri s m • •e characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange +. ' modifying the mortgage insurer's risk, or reducing losses. If such agreement provides an • of Lender takes a share of the insurer's risk in exchange for a share of the premiu n. 'd t. .. e , the arrangement is often termed"captive reinsurance." Further: (a) A agr is will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or ther terms of the Loan. Such agreements will not increase the amount Borrower will e for Mo ge Insurance,and they will not entitle Borrower to any refund. (b) Any s a s will not affect the rights Borrower has - if any -with respect to the Mortgage Insur the Homeowners Protection Act of 1998 or any other law. These rights may include the rig t to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or CV termination. o0 11. Assignment of Miscellaneo oceeds; Forfeiture. All Miscellaneous Proceeds are hereby 00 assigned to and shall be paid to Lender. If the Property is damaged, such peons Proceeds shall be applied to restoration or repair of the Property, if the restoration or s ec• 'omically feasible and Lender's security is not lessened. During such repair and restorati od, > shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportu s ty to 'i uch Property to ensure the work has been completed to Lender's satisfaction, provided that sus all be undertaken promptly. Lender may pay for the CO repairs and restoration in a single • in a series of progress payments as the work is O completed. Unless an agreement is ma - tmg or •plicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required say Borrower any interest or earnings on such CC Miscellaneous Proceeds. If the restoration or epair• snomically feasible or Lender's security would W be lessened, the Miscellaneous Proceeds •: • . red •e sums secured by this Security Instrument, whether or not then due, with the excess, if . paid to Bo•ewer. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, .r loss in ue of the Property, the Miscellaneous Proceeds shall be applied to the snms secured by "''' Securit .trument, whether or not then due, with the excess,if any,paid to Borrower. In the event of a partial taking, destruction, or . .rue o' - Property in which the fair market value of the Property immediately before the partial taking, des • 1, or loss in value is equal to or greater than the amount of the sums secured by this S- 'ty immediately before the partial taking, destruction, or loss in value, unless Borrower . r othe 'se agree in writing, the sums secured by this Security Instrument shall be reduced b. I e amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount the su u' secured immediately before the partial taking, destruction, or loss in value divided by (b) •e s• t value of the Property immediately before the partial taking,destruction, or loss in val • •y +'all be paid to Borrower. In the event of a partial taking, destruction, or loss in value ••erty in which the fair market value of the Property immediately before the partial taking, des .1, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruc. or • s in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous P -eds •shied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice b •a er • ,ower that the Opposing Party (as defined in the next sentence) offers to make an awar• o s- or damages, Borrower fails to respond to Lender within 30 days after the date the notice is ', Lend . authorized to collect and apply the Miscellaneous Proceeds either to restoration or rep.' f the ' y or to the sums secured by this Security Instrument, whether or not then due. "Opposing '• .. d party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower u:k a ' tion in regard to Miscellaneous Proceeds. TEXAS-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT VMP®6(TX)0302).0o Page 9 of 16 Initials:' 30 Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower CO or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against CO any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify 0 amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or anySuccessors in Interest of Borrower. Anyforbearance byLender in exercisinganyright or r remedy including, without limitation, Lender's acceptance of payments from third persons, entities N Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a • o' 0 preclude the exercise of any right or remedy. Cr) 13. Joint and Several Liability; Co-signers; Successors Assigns Boun orro . . CO and agrees that Borrower's obligations and liabilit •• 1 b •• a several. Howev any Br •I O co-signs this Security Instrument but •- n. . .-cute 1 ote "co-signer"): -sit a 1• this Security Instrument o• to ge . .nt and . Ivey ' ' rest in the Property under the CCterms of • c .�t.+ II; : (b) not perso y o r• o e sums secured by this Security i•r and (c a - 8. -nd- id 1 y ':• ower can agree to extend, modify, forbear or !,.,, r - y 1 •. ons wi . 1 a- terms of this Security Instrument or the Note without the '• $nsent. l j-. to the provisions of Section 18, any Successor in Interest of Borrower who assumes Bo $wer's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20)and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees,property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges,and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and(b)any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. TEXAS-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT , . VMP® /56(TX)(1302).00 Page 10 of 16 Initials: Form 3044 1/01 15. Notices. All notices given by Borrower or Lender in connection with this Security Ins must be in writing. Any notice to Borrower in connection with this Security Instrument shall be d--u-d to have been given to Borrower when mailed by first class mail or when actually delivered to : 410,1 notice address if sent by other means. Notice to any one Borrower shall constitute notice to • • • unless Applicable Law expressly requires otherwise. The notice address shall be the Prope s unless Borrower has designated a substitute notice address by notice to Lender. Borro I •tly notify Lender of Borrower's change of address. If Lender specifies a procedure for r: ; 1 • 's change of address, then Borrower shall only report a change of address through that ified . edure. There may be only one designated notice address under this Security Instrum= •t .. •ne is -. Any notice to Lender shall be given by delivering it or by mailing it by first cla• .it to . address stated herein unless Lender has designated another address by notice to •rrower. Any notice in connection with this Security Instrument shall not be deemed to have been gi • Lee' until actually received by Lender. If any notice required by this Security Instrument is also ,s•-r Applicable 71- Law, the Applicable Law requirement will satisfy the corresponding requiremen 4 4•er this Security CO Instrument. 00 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in 'ch the Property is located. All rights and • obligations contained in this Security Instrument are sub o any equirements and limitations of N Applicable Law. Applicable Law might explicitly or'se s licitly rties to agree by contract or it might be silent, but such silence shall not be contra- •rohr gainst agreement by contract. In • the event that any provision or clause of this Securi `be, -s the Note conflicts with Applicable C.0CO Law, such conflict shall not affect other provis'•ns o `' Instrument or the Note which can be O given effect without the conflicting provision. As used in this Security Instrument •rds o - masculine gender shall mean and include CC corresponding neuter words or words of t- fe. 'e -r•er; (b) words in the singular shall mean and LU include the plural and vice versa; ane the wore gives sole discretion without any obligation to take any action. 17.Borrower's Copy.Borrow s all be •'yes one copy of the Note and of this Security Instrument. 18. Transfer of the Pr. y • B• 'al Interest in Borrower. As used in this Section 18, "Interest in the Property" is - any le: •-ficial interest in the Property, including, but not limited to, those beneficial intere it rred in a bond for deed, contract for deed, installment sales contract or escrow agreement,the•'tent of a transfer of title by Borrower at a future date to a purchaser. If all or any p. the Prope any Interest in the Property is sold or transferred(or if Borrower is not a natural p; is . 1. • bene' . interest in Borrower is sold or transferred) without Lender's prior written consent, • • y require immediate payment in full of all sums secured by this Security Instrument. ever, option shall not be exercised by Lender if such exercise is prohibited by Applicabl If cises is s option, Lender shall give Borrower notice of acceleration. The notice shall prov'•- • p of not less than 30 days from the date the notice is given in accordance with Section 15 a wer must pay all sums secured by this Security Instrument. If Borrower fails to pay • ci 'or the expiration of this period, Lender may invoke any remedies permitted by this S, • • , ••-nt without further notice or demand on Borrower. ower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, •' •..:11 have the right to have enforcement of this Security Instrument discontinued at any time • • the earliest of: (a)five days before sale of the Property pursuant to any power of sale contained in urity Instrument; (b) such other period as Applicable Law might specify for the termination of illitt '•rrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those •.1 ditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c)pays all expenses incurred in enforcing this Security Instrument, including,but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the TEXAS-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT VMP®6(TX)(1302).00 Page 11 oris Initials: Form 3044 1/01 ihaimmif purpose of protecting Lender's interes the P • and rights under this Security Instrument; and(d) takes such action as Lender may reaso - to assure that Lender's interest in the Property and rights under this Security Instrument, and :orrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. uire that Borrower pay such reinstatement sums and expenses in one or more of the followi , a elected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check cas is check, provided any such check is drawn upon an institution whose deposits are insured by a eder agency, instrumentality or entity; or(d) Electronic Funds Transfer. Upon reinstatement by Borrower ecurity Instrument and obligations secured hereby shall remain fully effective as if no accel curred. However, this right to reinstate shall not apply in the case of acceleration under Sec on 1 20. Sale of Note; Change of Loan Servic N e of Grievance. The Note or a partial interest in the Note (together with this Security Instrument can be sold one or more times without prior notice to Borrower. A sale might result in a change in the e t (known as the "Loan Servicer") that collects LC) Periodic Payments due under the Note an •'s Instrument and performs other mortgage loan 00 servicing obligations under the Note, this ' Ment, and Applicable Law. There also might be 00 one or more changes of the Loan Servicer -lated to e of the Note. If there is a change of the Loan Servicer, Borrower will be given written no e of the change which will state the name and address of the new Loan Servicer, the address to which pa Id be made and any other information RESPA Nrequires in connection with a notice of transf ery If the Note is sold and thereafter the Loan is t serviced by a Loan Servicer other than the p s aser of ' Note, the mortgage loan servicing obligations COto Borrower will remain with the Loan Servi•' or be . ... erred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided b the Note purchaser. Neither Borrower nor Lender may colt ss e,join, be joined to any judicial action(as either an individual litigant or the member of a class) fm the other party's actions pursuant to this C Security Instrument or that alleges that the oth:. • s: ached any provision of, or any duty owed by W reason of, this Security Instrument, until such rrower or ender has notified the other party (with such notice given in compliance with the requirem of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after such notice to take corrective action. If Applicable Law provides a time period which m -' -fore certain action can be taken, that time period will be deemed to be reasonable for p .' s paragraph. The notice of acceleration and opportunity to cure given to Borrower purs . 1 - ection 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to sal' ■ •- notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substanc pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other .tt s .ble or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and(d) an "Environmental Condition" means a condition that can cause, contribu - o, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the present, t se, discs, , storage, or release of any Hazardous Substances, or threaten to release any Hazardous Su• t ces, on in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the •erty (a) at is in violation of any Environmental Law, (b)which creates an Environmental Condition, or • due to the presence,use, or release of a Hazardous Substance, creates a condition that advers; ec . value of the Property. The preceding two sentences shall not apply to the presence, use, storage the Property of small quantities of Hazardous Substances that are generally recognized • ate to normal residential uses and to maintenance of the Property(including,but not limited to, •- sous substances in consumer products). TEXAS-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUM VMP06(TX)(1302).00 Page 12 of 16 Initials• ! Form 3044 1/01 � X Borrower ahall promptly give Lender written notice of(a)any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to,any spilling, leaking,discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary 4 remedial actions in accordanre with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 2.Acceleration;Remedies.Lender shall give notice to Borrower prior to acceleration following a breach of any covenant or agreement in this Security Instrument (but not prior to CO • ,i l. der Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) 00 u• aul a) ction required to cure the default; (c)a date, not less than 30 days from the date 00 th= atic:• give Borrower, by which the default must be cured; and (d) that failure to cure the O def. or befo he date specified in the notice will result in acceleration of the sums secured by 1 this Securi Ins ent and sale of the Property. The notice shall further inform Borrower of the N right to rei er accelerati • and the right to bring a court action to assert the non-existence of a default or any other defense o • e wer to acceleration and sale.If the default is not cured on or 1 before the date specified in the noti, • a er at its option may require immediate payment in full of M all sums secured by this Security .t • without further demand and may invoke the power of CO sale and any other remedies p• a tt•a 44. ' ble Law. Lender shall be entitled to collect all C) expenses incurred in pursuing t rem, .6.. ivi ' this Section 22,including, but not limited to, Cr reasonable attorneys' fees and costs a evide . or the purposes of this Section 22, the term w "Lender"includes any holder of the No ho is led t 've payments under the Note. If Lender invokes the power of sale, or Trustee 1 I've notice of the time, place and terms of sale by posting and filing the notice a t 21 day 'o e as provided by Applicable Law. Lender shall mail a copy of the notice to Bo the , .. •r prescribed by Applicable Law. Sale shall be made at public venue.The sale m n at time stated in the notice of sale or not later than three hours after that time and between the a a f 10 .m. 4 p.m.on the first Tuesday of the month.Borrower authorizes Trustee to sell the ' • y t hest bidder for cash in one or more parcels and in any order Trustee determines. Lende or' ee ma chase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deed conveying indefeasib itl t y with covenants of general warranty from Borrower. Borrower covenants o d a generally the purchaser's title to the Property against all claims and demands. e r tals 4 Trustee's deed shall be prima facie evidence of the truth of the statements made therein. .1 apply the proceeds of the sale in the following order: (a)to all expenses of the sale, including, b a Iimited to, reasonable Trustee's and attorneys' fees; (b) to all sums secured by this S• 't Instrument;and(c)any excess to the person or persons legally entitled to it. If the Property is sold pursuant to this Section 22, Borrower or any person holding possession of the Property through Borrower shall immediately surrender possession of the Property to the purchaser at that sale.If possession is not surrendered, Borrower or such person shall be a tenant at sufferance and may be removed by writ of possession or other court proceeding. 23.Release. Upon payment of all stuns secured by this Security Instrument, Lender shall provide a release of this Security Instrument to Borrower or Borrower's designated agent in accordance with Applicable Law. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. • TEXAS-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT VMPS6(TX)(1302).00 Page 13 a 16 Initials: q Form 3044 1/01 i 24. Substitute Trustee; Trustee Liability. All rights, remedies and duties of Trustee under this Security Instrument may be exercised or performed by one or more trustees acting alone or together. Lender,at its option and with or without cause, may from time to time, by power of attorney or otherwise, remove or substitute any trustee, add one or more trustees, or appoint a successor trustee to any Trustee without the necessity of any formality other than a designation by Lender in writing. Without any further act or conveyance of the Property the substitute, additional or successor trustee shall become vested with 4 the title, rights, remedies,powers and duties conferred upon Trustee herein and by Applicable Law. Trustee shall not be liable if acting upon any notice, request, consent, demand, statement or other document believed by Trustee to be correct. Trustee shall not be liable for any act or omission unless such ct omission is willful. 2 •rogation.Any of the proceeds of the Note used to take up outstanding liens against all or any t is• 'roperty have been advanced by Lender at Borrower's request and upon Borrower's p ntati • uch amounts are due and are secured by valid liens against the Property. Lender shall CO be !or() • to .. •ad all rights, superior titles, liens and equities owned or claimed by any owner or 00 holt ..y outs.: ig liens and debts, regardless of whether said liens or debts are acquired by Lender 0 by assi:I I.:,t or eleased by the holder thereof upon payment. 26. Pa _. validity. In th vent any portion of the sums intended to be secured by this Security N Instrument cannot be lawfully se reby,payments in reduction of such sums shall be applied first to those portions not secured hereby. CO 27. Purchase Money; Owelt P.„,, ion; Renewal and Extension of Liens Against Homestead CO Property; Acknowledgment of h + 1`: , Against Non-Homestead Property. Check box as O applicable: -rig cc Li Purchase Money. ._ s w The funds advanced to Borrower under th• N, were `- . pay all or part of the purchase price of the Property. The Note also is primarily secures he vendor's retained in the deed of even date with this Security Instrument conveying the Property t. 10•ower, ,ch ••or's lien has been assigned to Lender,this Security Instrument being additional securi . yen., •n. 0 Owelty of Partition. The Note represents funds advanced by Lender at the special i• e an• t of Borrower for the purpose of acquiring the entire fee simple title to the Property and the e. -•' •f owe of partition imposed against the entirety of the Property by a court order or by a written emen p. ••-• a the partition to secure the payment of the Note is expressly acknowledged, confessed ®Renewal and Extension of Liens Against Homestead Property. 9 g The Note is in renewal and extension, but not in extinguishment, of the indebtedness desc •-I • +, attached Renewal and Extension Exhibit which is incorporated by reference. Lender is ex. ss subrogated to all rights, liens and remedies securing the original holder of a note evidencing Borrowe indebtedness and the original liens securing the indebtedness are renewed and extended to the date o maturity of the Note in renewal and extension of the indebtedness. Acknowledgment of Cash Advanced Against Non-Homestead Property. The Note represents funds advanced to Borrower on this day at Borrower's request and Borrower acknowledges receipt of such funds. Borrower states that Borrower does not now and does not intend ever to reside on, use in any manner, or claim the Property secured by this Security Instrument as a business or residential homestead. Borrower disclaims all homestead rights, interests and exemptions related to the Property. TEXAS-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT VMP86(TX)(13021.00 Page 14 of 16 Inieais:./� Form 3044 1/01 t a 28.Loan Not a Home Equity Loan. The Loan evidenced by the No : not a =ension of credit as defined by Section 50(a)(6) or Section 50(a)(7), Article XVI, of th` exas C.° itution. If the Property is used as Borrower's residence, then Borrower agrees that Bo" • a '`receive no cash from the Loan evidenced by the Note and that any advances not nw t I + 11 ase the Property, extinguish an owelty lien, complete construction, or renew and e srior lien against the Property, will be used to reduce the balance evidenced by the Note or s `':1 will be modified to evidence the correct Loan balance, at Lender's option. Borro ` "'• to execute any documentation necessary to comply with this Section 28. BY SIGNING BELOW, Borrower accepts and agrees to the t• • covenants contained in this Security Instrument and in any Rider executed by Borrower and recon ---.' CO CO Co CZ) t,' (Seal) A 'L`! BASRA -Borrower CV 2OR s:. 0/60111 (Seal) ��'�� ������ � .�: i... % ►! "+ JAGC'I BASRA -Borrower LLJ �T Rj i 'a N (Seal) Borrower -Borrower (Seal) (Seal) -Borrower -Borrower 1"9- (Seal) (Seal) 74 -Borrower -Borrower ars • fi ''Pz<y TEXAS Single Fern/ Mae/Freddie Mac UNIFORM INSTRUMENT VMP0. X}(1302).00 Page 15 of 16 nitials: / Form 3044 1/01 STATE OF TEXAS County of 14.10r(2.12,15 Before me A .v�i crr,a 1F on this day personally appeared �"VKIRAN SINGIl BASRA and SIMMI JAGGI BASRA fir' � ,P# °" ` P',..;`i-'4 kno �T- '1,rov to me on the oath of ----- — or through I" I 7;, iN �a 0 )to be the person whose name is subscribed to the CO foregoing i :.trument ,,„ .c °1; ledged to me that he/she/they executed the same for the purposes and 00 consideration therein ed. Given under my hand and se. ."0i:`ce this day of 1V.,9_stC. !_ (Seal) �� DAMIAN SMtj �s ...--�'— — I, CO to CD `°""•M°P.,97;,,- Notary public,Sta Expires = 10-,...,,,,,,.... r' CD ==i .`y_ Mvcommissi28,2018 °1 •,. t:45 September r Wit. CC Notary Puy; ---(T-----'- w . ''ter "'" My Commission Expires: ` <�' Loan origination organization COMPASS BANK NMLS ID 402936 o,„ Loan originator DEBBIE PARROTT tt ',,< NMLS ID 512466 4.' 1 c c' TEXAS Single Family Fannie Mae/Freddie Mac UNIFORM INSTRUMENT ,. µ,0 . VMP°6(TX) (1302).00 Page 16 of 16 Initials. Form 30 �„<' RENEWAL AND EXTENSION EXHIBIT FINANCING RIDER RENEWAL AND EXTENSION EXIIIBIT is incorporated into and shall be deemed to i d and supplement the Deed of Trust("Security Instrument")of even date herewith. Security t is granted by the Borrower(s) ("Borrower") to secure Borrower's indebtedness ) . Lender (sometimes referred to as the "Beneficiary" or "Holder of the Note"), the ereby is in renewal and extension but not in extinguishment of that indebtedness, 1: one • •re,described as follows: «_ • , ;ssory note secured by an instrument recorded IN SI D++ - i4e. 0100412090, Real Property Records, HARRIS County, mss. X, ,j a ii O) 00 � . O , ., CN iCC ' CO O CC w " L,r r `' 7 ff- .... .. Ad i� Page 1 of 2 PB557-1.0910 THE LENDER HEREBY SECURED IS Y ,�° : : .LY SUBROGATED TO ALL RIGHTS,LIENS, EQUITIES AND REMEDIES SEC ' t` GINAL HOLDER(S) OF SAID DEBT(S) AND THE ORIGINAL LIEN(S)..SEC ' "-1 . SAME ARE HEREBY RENEWED AND EXTENDED TO DATE OF•MA • r + e •EBTEDNES S HEREBY SECURED IN RENEWAL AND EXTENSION THE . IN EVENT ANY PORTION OF THE SUMS INTENDED TO BE SECURED BY THE INSTRUMENT CANNOT BE LAWFULLY SECURED THEREBY, PAYMENTS IN : IU •N OF SUCH SUMS SHALL BE APPLIED FIRST TO THOSE PORTIONS OT S ' D THEREBY. BORROWER(S) ACKNOWLEDGES THAT THE LIEN(' C ' ' THE PRIOR NOTE IS VALID, THAT IT SUBSISTS AGAINST THE PROPERTY, BY THIS INSTRUMENT IT IS RENEWED AND EXTENDED IN FULL FORCE UNTIL THE NOTE IS PAID,EVEN THOUGH THE PRIOR LIEN(S)MAY BE RELEASED AND NOT ASSIGNED TO LENDER This renewal and extension is not a refinance of a debt any portion of which is an extension of credit as defined by Section 50(a)(6)or Section50(a)(7),Article 4 of the Texas Constitution. O 00 In addition to the refinance of principal an. .. • -.-: if Lender is advancing all or a portion of the costs necessary to refinance debt on the Pro , r acknowledges that these costs are reasonable and necessary costs to refinance such debt. Borrower • - received no funds from this Loan,but only the CV benefit of those sums advanced for the •- principal and any interest on loans being refinanced, 2) any reasonable and necess. 'o g . •sts, and 3) any refund to Borrower of closing costs escrowed in connection with the Loan .• ._ 'orrower. If any portion of the Loan secures a debt for work or material used in constru i :improvements on the Property,Borrower understands that CC funds not used in such construction,if any '>•st first .. ..t to reduce the unpaid principal of the Loan w or,at Lender's option,the Note must be m.+ • the actual funds advanced. Ytr d(Borrower) ower) NAVKIRAN SINGE BASRA MMI JAGGI BASRA } ' `n E RDED (Borrower) :orrower) (Borrower) (Borrower) --Ail:)(Borrower) wer) Pa PB557-2.0910 r k's. C\I O) 20140512625 A `TT O # Pages 19 Xtr 11/13/2014 14•5• ,; •M N e-Filed & e-Reco red a:-.,,the Official Public cord- of ap HARRIS COUNTY CD STAN STANART ' CC COUNTY CLERK LU Fees 84. 00 s".tee *441 RECORDERS MEMORAND " 3 This instrument was ceived and recorded electronically and any blackouts, - editions or changes were present at the time the ins``ument was filed and recorded. Any provision herein which restricts the sale, rental, or use of the describe• •roperty because of color or race is invalid an 'v eable under federal law. THE STATE OF TEXAS �° : COUNTY OF HARRIS I hereby certify twt this •f� strument was FILED in File Number Sequen on t ":date and at the time stamped hereon by me; and wa ly RECORDED in the Official Public Records of ,� •erty of Harris County, Texas. •L�� a COUNTY CLERK �„s�sJUg ,} R • ��.,S HARRIS COUNTY,TE%AS g>�y : GENERAL® 20/22 kW GUARDIAN® SERIES Residential Standby Generators Air-Cooled Gas Engine 1 of 6 INCLUDES: Standby Power Rating G007038-1,0007039-1,0007038-3,0007039-3(Aluminum-Bisque)-20 kW 60 Hz • True Power" Electrical Technology G007042-2,0007043-2,G007042-3,G007043-3(Aluminum-Bisque)-22 kW 60 Hz • Two-line multilingual digital LCD Evolution"controller (Eng lish/Spanish/French/Portuguese) • 200 amp service rated smart switch transfer switch available • Electronic governor 6 0 • Standard Wi-Fi®connectivity • System status&maintenance interval LED indicators >> • Sound attenuated enclosure '+ • Flexible fuel line connector • Natural gas or LP gas operation GENERAL' ---_ • 5 Year limited warranty .-.-- • Listed and labeled by the Southwest Research Institute allowing Installation as close as 18 in(457 mm)to a structure.* ✓— "Must be located away from doors,windows,and fresh air intakes and in accordance with local codes. c ETA US or C �L Us QUIET TES M` haps://assetsswri.org/library/DiiectoryOfListedProducts/ \I Link Constructionlndustry/973_DoC 204_13204-01-01 Rev9.pdf „ LISTED Note:CETL or CUL certification only applies to unbundled units and units packaged with limited circuit switches.Units packaged with the Smart Switch are ETL or UL certified in the USA only. FEATURES O INNOVATIVE ENGINE DESIGN&RIGOROUS TESTING are at the heart of Gen- 0 SOLID-STATE, FREQUENCY COMPENSATED VOLTAGE REGULATION: This erac's success in providing the most reliable generators possible. Generac's G- state-of-the-art power maximizing regulation system is standard on all Generac mod- Force engine lineup offers added peace of mind and reliability for when its needed els.It provides optimized FAST RESPONSE to changing load conditions and MAXI- the most.The G-Force series engines are purpose built and designed to handle the MUM MOTOR STARTING CAPABILITY by electronically torque-matching the surge rigors of extended run times in high temperatures and extreme operating conditions, loads to the engine.Digital voltage regulation at±1%. O TRUE POWER"ELECTRICAL TECHNOLOGY:Superior harmonics and sine wave 0 SINGLE SOURCE SERVICE RESPONSE from Generac's extensive dealer network form produce less than 5%Total Harmonic Distortion for utility quality power.This provides parts and service know-how for the entire unit,from the engine to the small- allows confident operation of sensitive electronic equipment and micro-chip based est electronic component appliances,such as variable speed HVAC systems. O TEST CRITERIA: 0 GENERAC TRANSFER SWITCHES:Long life and reliability are synonymous with ✓ PROTOTYPE TESTED ✓ NEMA MGi-22 EVALUATION GENERAC POWER SYSTEMS.One reason for this confidence is that the GENERAC ✓ SYSTEM TORSIONAL TESTED ✓ MOTOR STARTING ABILITY product line is offered with its own transfer systems and controls for total system compatibility. O MOBILE LINK®CONNECTIVITY:FREE with select Guardian Series Home standby generators,Mobile Link Wi-Fi allows users to monitor generator status from any- where in the world using a smartphone,tablet,or PC.Easily access Information such as the current operating status and maintenance alerts. Users can connect an account to an authorized service dealer for fast,friendly,and proactive service.With Mobile Link,users are taken care of before the next power outage. GENERAC ;�®� *Qs M nSO PROMISE ��� GENERAC° 20/22 kW Features and Benefits Engine • Generac G-Force design Maximizes engine"breathing"for increased fuel efficiency.Plateau honed cylinder walls and plasma moly rings help the engine run cooler,reducing oil consumption and resulting in longer engine life. • "Spiny-lok"cast iron cylinder walls Rigid construction and added durability provide long engine life. • Electronic ignition/spark advance These features combine to assure smooth,quick starting every time. • Full pressure lubrication system Pressurized lubrication to all vital bearings means better performance,less maintenance,and longer engine 2 of 6 life.Now featuring up to a 2 year/200 hour oil change interval. • Low oil pressure shutdown system Shutdown protection prevents catastrophic engine damage due to low oil. • High temperature shutdown Prevents damage due to overheating. Generator • Revolving field Allows for a smaller,light weight unit that operates 25%more efficiently than a revolving armature generator. • Skewed stator Produces a smooth output waveform for compatibility with electronic equipment. • Displaced phase excitation Maximizes motor starting capability. • Automatic voltage regulation Regulating output voltage to±1%prevents damaging voltage spikes. • UL 2200 listed For your safety. Transfer Switch(if applicable) • Fully automatic Transfers vital electrical loads to the energized source of power. • NEMA 3R Can be installed inside or outside for maximum flexibility. • Remote mounting Mounts near an existing distribution panel for simple,low-cost installation. Evolution— Controls • AUTO/MANUAL/OFF illuminated buttons Selects the operating mode and provides easy,at-a-glance status indication in any condition. • Two-line multilingual LCD display Provides homeowners easily visible logs of history,maintenance,and events up to 50 occurrences. • Sealed,raised buttons Smooth,weather-resistant user interface for programming and operations. • Utility voltage sensing Constantly monitors utility voltage,setpoints 65%dropout,80%pick-up,of standard voltage. • Generator voltage sensing Constantly monitors generator voltage to verify the cleanest power delivered to the home. • Utility interrupt delay Prevents nuisance start-ups of the engine,adjustable 2-1500 seconds from the factory default setting of 5 seconds by a qualified dealer. • Engine warm-up Verifies engine is ready to assume the load,setpoint approximately 5 seconds. • Engine cool-down Allows engine to cool prior to shutdown,setpoint approximately 1 minute. • Programmable exercise Operates engine to prevent oil seal drying and damage between power outages by running the generator for 5 minutes every other week.Also offers a selectable setting for weekly or monthly operation providing flexibility and potentially lower fuel costs to the owner. • Smart battery charger Delivers charge to the battery only when needed at varying rates depending on outdoor air temperature. Compatible with lead acid and AGM-style batteries. • Main line circuit breaker Protects generator from overload. • Electronic governor Maintains constant 60 Hz frequency. Unit • SAE weather protective enclosure Sound attenuated enclosures ensure quiet operation and protection against mother nature, withstanding winds up to 150 mph(241 km/h).Hinged key locking roof panel for security.Lift-out front for easy access to all routine maintenance items.Electrostatically applied textured epoxy paint for added durability. • Enclosed critical grade muffler Quiet,critical grade muffler is mounted inside the unit to prevent injuries. • Small,compact,attractive Makes for an easy,eye appealing installation,as close as 18 in(457 mm)away from a structure. GENERAC® 20/22 kW Features and Benefits N Installation System C • 14 in(35.6 cm)flexible fuel line connector Listed ANSI Z21.75/CSA 6.27 outdoor appliance connector for the required connection to the gas supply piping. • Integral sediment trap Meets IFGC and NFPA 54 installation requirements. Connectivity(WI-Fi equipped models only) • Ability to view generator status Monitor generator with a smartphone,tablet,or computer at any time via the Mobile Link application for 3 of 6 complete peace of mind. • Ability to view generator Exercise/Run and Total Hours Review the generator's complete protection profile for exercise hours and total hours. • Ability to view generator maintenance information Provides maintenance information for the specific model generator when scheduled maintenance is due. • Monthly report with previous month's activity Detailed monthly reports provide historical generator information. • Ability to view generator battery information Built in battery diagnostics displaying current state of the battery. • Weather information Provides detailed local ambient weather conditions for generator location. GENERAC® 20/22 kW Specifications NGenerator Model G007038-1,6007039-1 G007042-2,0007043-2 G007038-3,G007039-3 6007042-3,G007043-3 (20 kW) (22 kW) (20 kW) (22 kW) Rated maximum continuous power capacity(LP) 20,000 Watts* 22,000 Watts* 20,000 Watts* 22,000 Watts* Rated maximum continuous power capacity(NG) 18,000 Watts* 19,500 Watts* 18,000 Watts* 19,500 Watts* Rated voltage 240 Rated maximum continuous load current-240 volts(LP/NG) 83.3/75.0 91.7/81.3 83.3/75.0 91.7/81.3 4 of 6 Total Harmonic Distortion Less than 5% Main line circuit breaker 90 amp 100 amp 90 amp 100 amp Phase 1 Number of rotor poles 2 Rated AC frequency 60 Hz Power factor 1.0 Battery requirement(not Included) 12 Volts,Group 26R 540 CCA minimum or Group 35AGM 650 CCA minimum Unit weight(lb/kg) 448/203 466/211 436/198 445/202 Dimensions(LxWxH)in/cm 48x25x 29/121,9x 63.5x 73.7 Sound output in dB(A)at 23 ft(7 m)with generator operating at normal load** 67 67 67 67 Sound output in dB(A)at 23 ft(7 m)with generator in Quiet-Test°®low-speed exercise mode** 55 57 55 57 Exercise duration 5 min Engine Engine type GENERAC G-Force 1000 Series Number of cylinders 2 Displacement 999 cc Cylinder block Aluminum w/cast Iron sleeve Valve arrangement Overhead valve Ignition system Solid-state w/magneto Governor system Electronic Compression ratio 9.5:1 Starter 12 VDC Oil capacity including filter Approx.1.9 qt/1.8 L Operating rpm 3,600 Fuel consumption Natural gas ft3/hr(m°/hr) 1/2 Load 204(5.78) 228(6.46) 164(4.64) 203(5.75) Full Load 301(8.52) 327(9.26) 287(8.13) 306(8.66) Liquid propane fts/hr(gaVhr)[L/hr] 1/2 Load 87(2.37)[8.99] 92(2.53)[9.57] 86(2.36)[8.95] 92(2.53)[9.57] Full Load 130(3.56)[13.48] 142(3.90)[14.77] 136(3.74)[14.15] 142(3.90)[14.77] Note:Fuel pipe must be sized for full load.Required fuel pressure to generator fuel inlet at all load ranges-3.5-7 in water column(0.87-1.74 kPa)for NG,10-12 in water column(2.49-2.99 kPa)for LP gas. For BTU content,multiply ft3/hr x 2500(LP)or ft3/hr x 1000(NG).For Megajoule content,multiply m3/hr x 93.15(LP)or m3/hr x 37.26(NG). Controls Two-line plain text multilingual LCD Simple user interface for ease of operation. Mode buttons:AUTO Automatic start on utility failure.Weekly,Bi-weekly,or Monthly selectable exerciser. MANUAL Start with starter control,unit stays on.If utility fails,transfer to load takes place. OFF Stops unit.Power is removed.Control and charger still operate. Ready to Run/Maintenance messages Standard Engine run hours Indication Standard Programmable start delay between 2-1500 seconds Standard(programmable by dealer only) Utility Voltage Loss/Return to Utility adjustable(brownout setting) From 140-171 V/190-216 V Future Set Capable Exerciser/Exercise Set Error waming Standard Run/Alarm/Maintenance logs 50 events each Engine start sequence Cyclic cranking:16 sec on,7 rest(90 sec maximum duration). Starter lock-out Starter cannot re-engage until 5 sec after engine has stopped. Smart Battery Charger Standard Charger Fauit/MIssing AC warning Standard Low Battery/Battery Problem Protection and Battery Condition indication Standard Automatic Voltage Regulation with Over and Under Voltage Protection Standard Under-Frequency/Overload/Stepper Overcurrent Protection Standard Safety Fused/Fuse Problem Protection Standard Automatic Low Oil Pressure/High Oil Temperature Shutdown Standard Overcrank/Overspeed(CO 72 Hz)/rpm Sense Loss Shutdown Standard High Engine Temperature Shutdown Standard Internal Fault/Incorrect Wiring protection Standard Common external fault capability Standard Field upgradable firmware Standard **Sound levels are taken from the front of the generator.Sound levels taken from other sides of the generator may be higher depending on installation parameters.Rating definitions-Standby:Applicable for supplying emergency power for the duration of the utility power outage.No overload capability is available for this rating.(All ratings in accordance with BS5514,IS03046 and DIN6271)."Maximum kilovolt amps and current are subject to and limited by such factors as fuel BTU/megajoule content,ambient temperature,altitude,engine power and condition,etc.Maximum power decreases approximately 3.5%for each 1,000 ft(304.8 m)above sea level;and also will decrease approximately 1%for each 10°F(6°C)above 60°F(16°C). GENERAC6 20/22 kW Switch Options Y N Service Rated Smart Switch Features 0007039-1(20 kW) • Includes digital power management technology(DPM)standard. Model 0007043-2(22 kW) G007039-3(20 kW) • Intelligently manages up to four air conditioner loads with no additional hardware. G007043-3(22 kW) • Up to eight additional large(240 VAC)loads can be managed when used in No.of poles 2 conjunction with Smart Management Modules(SMM5). Current rating(amps) 200 • Electrically operated,mechanically-held contacts for fast,clean connections. Voltage rating(VAC) 120/240,1 H • Rated for all classes of load,100%equipment rated,both inductive and resistive. Utility voltage monitor(fixed)' 5 of 6 p -Pick-up 80% • 2-pole,250 VAC contactors. -Dropout 65% • Service equipment rated,dual coil design. Return to Utllliy* Approx.13 sec Exercises bi-weekly for 5 minutes* Standard • Rated for both aluminum and copper conductors. EEL or UL listed Standard • Main contacts are silver plated or silver alloy to resist welding and sticking. Enclosure type NEMANL 3R • NEMA/UL 3R aluminum outdoor enclosure allows for indoor or outdoor mounting Circuit breaker protected 22,000 flexibility. Lug range 250 MCM-#6 *Function of Evolution controler Exercise can be set to weekly or monthly Dimensions w, 200 Amps 120/240,1e • Open Transition Service Rated Height Width H1 H2 W1 W2 Depth in 26.75 30.1 10.5 13.5 6.91 HI cm 67.95 76.45 26.67 34.29 17.55 Wire Ranges Conductor Lug Neutral Lug Ground Lug 400 MCM-#4 350 MCM-#6 2/0-#14 DEPTH- I---W2 GENERAC® 20/22 kW Available Accessories Model# Product Description 0005819-0 26R Wet Cell Battery Every standby generator requires a battery to start the system.Generac offers the recommended 26R wet cell battery for use with all air-cooled standby product(excluding PowerPact®). G007101-0 Battery Pad Warmer Pad warmer rests under the battery.Recommended for use if temperature regularly falls below 0°F(-18°C).(Not necessary for use with AGM-style batteries). 6 of 6 G007102-0 Oil Warmer Oil warmer slips directly over the oil fitter.Recommended for use if temperature regularly falls below 0°F(-18°C). G007103-1 Breather Warmer Breather warmer is for use in extreme cold weather applications.For use with Evolution controllers only in climates where heavy icing occurs. G005621-0 Auxiliary Transfer Switch The auxiliary transfer switch contact kit allows the transfer switch to lock out a single large electrical load that may not Contact Kit be needed.Not compatible with 50 amp pre-wired switches. G007027-0-Bisque Fascia Base Wrap Kit The fascia base wrap snaps together around the bottom of the new air-cooled generators.This offers a sleek,con- (Standard on 22 kW) toured appearance as well as offering protection from rodents and insects by covering the lifting holes located in the base. G005703-0-Bisque Touch-Up Paint Kit If the generator enclosure is scratched or damaged,his important to touch up the paint to protect from future corro- sion.The touch-up paint kit includes the necessary paint to correctly maintain or touch up a generator enclosure. G006485-0 Scheduled Maintenance Kit Generac's scheduled maintenance kit provides all the hems necessary to perform complete routine maintenance on a Generac automatic standby generator(oil not included). G007005-0 Wi-Fi LP Tank Fuel Level The Wi-Fi enabled LP tank fuel level monitor provides constant monitoring of the connected LP fuel tank.Monitoring Monitor the LP tank's fuel level is an important step in verifying the generator is ready to run during an unexpected power failure. Status alerts are available through a free application to notify users when the LP tank is in need of a refill. G007000-0(50 amp) Smart Management Module Smart Management Modules(SMM)are used to optimize the performance of a standby generator.It manages large G007006-0(100 electrical loads upon startup and sheds them to aid in recovery when overloaded.In many cases,using SMM's can amp) reduce the overall size and cost of the system. 0007169-0 Mobile Link®Cellular The Mobile Link family of Cellular Accessories allows users to monitor generator status from anywhere in the world, Accessories using a smart phone,tablet,or PC.Easily access information such as the current operating status and maintenance alerts.Users can connect an account with an authorized service dealer for fast,friendly,and proactive service.With Mobile Link,users are taken care of before the next power outage. Dimensions & UPCs Model UPC 837.8 mm r 1218 mm [25.1 In] [48.0 In] 6007038-1 696471074185 G007038-3 696471074185 (.1 -� �- to*6007039-1 696471074192 I I G007039-3 696471074192 --- --- 0007042-2 696471074208 ---_ 727.2 mm — --- 0007042-3 696471074208 [28.6 In] _— -- 6007043-2 696471074215 --_-_ 0007043-3 696471074215 _- _-- immommommiummiumemai o I� t01 845 mm 1232 mm [25.571 [48.5 IS LEFT SIDE VIEW FRONT VIEW Dimensions shown are approximate.See installation manual for exact dimensions.DO NOT USE THESE DIMENSIONS FOR INSTALLATION PURPOSES. GENERAC® Generac Power Systems,Inc. • S45 W29290 HWY.59,Waukesha,WI 53189 • generac.com ©2020 Generac Power Systems,Inc.All rights reserved.All specifications are subject to change without notice.Part No.A0000221268 Rev.B 05/28/2020 City of West University Place Public Works Department NOTICE OF ZONING BOARD OF ADJUSTMENT HEARING The Zoning Board of Adjustment ("ZBA") of the City of West University Place, Texas ("City") will hold a public hearing in the Municipal Building, 3800 University Boulevard, City of West University Place, Texas 77005, during a meeting set to begin at 6:30 p.m. on November 18, 2021. The hearing may be recessed and continued to a ZBA meeting set to begin at 6:30 p.m. on December 16, 2021. The purpose of the hearing is to provide an opportunity for all persons to be heard in relation to the following matter: Address of the site: 3908 Riley St.,Houston,TX 77005 Legal Description: TRS 10A& 11A, BLK 5, COLLEGEVIEW SEC 1,WEST UNIVERSITY PLACE, Harris County, TX Docket Number: 2021-0018 Applicant: Navkiran & Simmi Basra Action Requested: Requesting a variance to Appendix A, Article 2, Section 2-102 Certain Terms, Single-detached use to install a second gas meter for a back-up generator. Additional Details: The applicant is proposing to install a back-up generator and is requesting a variance to install a second gas meter. The second meter would be denied due to the Zoning Ordinance only allowing one on a single family detached building site. Appendix A, Article 2, Section 2-102 Certain Terms, Single- detached use. A use of a building site which meets all of the following criteria: (2) There is no multiple utility service on the building site. Applicable regulations include the City's Zoning Ordinance, Code of Ordinances, Chapter 211 of the Texas Local Government Code and the rules of the ZBA. The application is available on the city's website at www.westutx.gov. Additional details on such matters, as well as the applicable regulations are also available for public inspection in the Public Works Center, 3826 Amherst, West University Place, 77005. Any person interested in such matters should attend the hearing. If you plan to attend this public meeting and you have a disability that requires special arrangements at the meeting, please contact the Building Official at 713-662-5830 in advance of the meeting. Reasonable accommodations will be made to assist your participation in the meeting. The Municipal Building is wheel chair accessible from the West and Southwest entrances and specially marked parking spaces are available in the Southwest parking area. Signed: Alfonso Acosta,Building Officials for the ZBA posted and mailed on or before November 8, 2021. aacosta@westutx.gov 713-662-5830 3826 Amherst St. www.westutx.gov West University Place, TX 77005 713-662-5830 BASRA NAVKIRAN S &SIMMI DEHGHANI AFSHEEN A&ZARA B THOMPSON BEAU M &ANNE M V 3908 RILEY ST 3902 RILEY ST 3910 RILEY ST HOUSTON TX 77005-4237 HOUSTON TX 77005-4327 HOUSTON TX 77005-4327 JOHNSTON ADAM P &AMY L AGGARWAL ANIL GOARMON BERNARDO F 3914 RILEY ST 4127 MARLOWE ST 3922 RILEY ST HOUSTON TX 77005-4327 (C/O 3918 RILEY) HOUSTON TX 77005-4327 HOUSTON TX 77005-1953 KENTSHIRE BRIAN H & MELODIE Y UPPAL ABHINEET& BAO JENNY J BHOJANI RENAL ABBAS&SARAH ALT 3926 RILEY ST 3927 RILEY ST 3923 RILEY ST HOUSTON TX 77005-4327 HOUSTON TX 77005-4326 HOUSTON TX 77005-4326 DOMAKHINA ANASTASIA&ALEXEY HUBBARD JEFFREY H & ERIN R NATHAN SRIRAM &SMITHA 3919 RILEY ST 3915 RILEY ST 3911 RILEY ST HOUSTON TX 77005-4326 HOUSTON TX 77005-4326 HOUSTON TX 77005-4326 DULLINGHAM SIMON &SHERRI ESTRADA-YOMARTIN ROSA M LOOTENS VIRGINIA L 3907 RILEY ST 3903 RILEY ST 3835 RIELY ST HOUSTON TX 77005 HOUSTON TX 77005-4326 HOUSTON TX 77005-4324 JEWETT ANDREW&JORDAN FORDIS CHARLES M JR ET AL WACHTEL MINDI 3831 RILEY ST 3827 RILEY ST 3836 RILEY ST HOUSTON TX 77005-4324 HOUSTON TX 77005-4324 HOUSTON TX 77005-4325 SOLLEVELD BAS HAMILL MARSHALL B& CATHY FRYER SHARA MICHELLE 3832 RILEY ST 3833 SOUTHWESTERN ST 3901 SOUTHWESTERN ST HOUSTON TX 77005-4325 HOUSTON TX 77005-4336 HOUSTON TX 77005-4338 CURRENT OWNER SIDDIQUI MOHAMMAD F&WAHJUDI GRAHMANN KRAIG P & MARYANN L 3907 SOUTHWESTERN ST FRANSCISCA 3915 SOUTHWESTERN ST HOUSTON TX 77005-4338 3911 SOUTHWESTERN ST HOUSTON TX 77005-4338 HOUSTON TX 77005-4338 AHMR INVESTMENTS LLC TOMSON MASON B & HARRIET KEELER JOHN & ELIZABETH 3304 SUNSET BLVD 3921 SOUTHWESTERN ST 3925 SOUTHWESTERN ST (C/O 3919 SOUTHWESTERN ST) HOUSTON TX 77005-4338 HOUSTON TX 77005-4338 HOUSTON TX 77005-2142 AHMR INVESTMENTS LLC STEWART KARA B BEAUCHAMP MICHAEL& RUPPE MARY 3304 SUNSET BLVD 3914 SOUTHWESTERN ST 3910 SOUTHWESTERN ST (C/O 3918 SOUTHWESTERN ST) HOUSTON TX 77005-4339 HOUSTON TX 77005-4339 HOUSTON TX 77005-2142 CURRENT OWNER CURRENT OWNER SHAMSHIRSAZ ALIREZA A& MEHR 3908 SOUTHWESTERN ST 3904 SOUTHWESTERN ST SARA E HOUSTON TX 77005-4339 HOUSTON TX 77005-4339 3834 SOUTHWESTERN ST HOUSTON TX 77005-4337 LAMBRIGHT MARY WEST&TR GARRISON SUSAN J MD &SCHWARTZ LAMBRIGHT ROBERT DREW COLE WARREN & CHRISTINE SYLVAN JR 24800 INTERSTATE 45 STE 100 3904 RUSKIN ST 3836 RUSKIN ST (C/O 3832 RUSKIN ST) HOUSTON TX 77005-4333 HOUSTON TX 77005-4331 SPRING TX 77386 ARUN BANU & KILIC GOKHAN HUANG QUILLAN & DU WENDY OLSEN CHRISTIAN & KIMBERLY 3908 RILEY ST 3912 RUSKIN ST 3916 RILEY ST HOUSTON TX 77005-4333 HOUSTON TX 77005-4333 HOUSTON TX 77005-4333 SHIVERS LYNN E DUONG KIM BA& NGUYEN MAI T 3920 RUSKIN ST 3924 RUSKIN ST HOUSTON TX 77005-4333 HOUSTON TX 77005-4333