CHICAGO | liTLe BESO RW My SiG] [AVN Doc# 28a5a019657 AMENDMENT TO MECHANIC'S LIEN CONTRACT (For Additions and/or Modifications to Improvements) This AMENDMENT TO MECHANIC'S LIEN CONTRACT ("Amendment"), is made by RANDELL E. CARR and wife, PHYLLIS LYNN CARR. ("Borrower", whether one or more”) and PROVINCIAL HOMES, INC. ("Contractor").
INTRODUCTORY PROVISIONS The following introductory provisions are the basis for and a pact of this Agrecmcnt: A Borrower and Contractor have entered into a contract dated April 12, 2002 entitled "“Mechanic’s Lien Contract" (the “Original Agreement") recorded in Volume 9363, Page 0646, of the Real Property Records of Bexar County, Texas, pursuant to which Contractor agreed to furnish and pay for all labor and materials needed to construct a single-family residence - on the following described real property (the "Property"): LOT 18, BLOCK 5, CLEAR SPRINGS PARK, UNIT 2, PHASE 2, AN ADDITION IN BEXAR COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF, RECORDED IN VOLUME 9100, PAGE 138, DEED AND PLAT RECORDS OF BEXAR COUNTY, TEXAS.
B. This Amendment is mcorporated into and shall be deemed to amend and supplement the Original Agreement.
8: The Original Agreement, together with this Amendment arc collectively referred to in this Amendment as the "Amended Agreement”.
D. All capitalized terms that arc uscd in this Amendment and that are given a defined meaning in the Original Agreement will have the same mcaning in this Amendment.
NOW, THEREFORE, in consideration of the foregoing, the benefits tv be derived by the parties and other good and valuable consideration, the receipt and sulficicncy of which are acknowledged, it is agreed as follows: ARTICLE 1.
AMENDMENT PROVISIONS
ng, the benefits tv be derived by the parties and other good and valuable consideration, the receipt and sulficicncy of which are acknowledged, it is agreed as follows: ARTICLE 1.
AMENDMENT PROVISIONS Li. Paragraph 9 of the Original Agreement entitled "Alterations, Extras, and Change 0 Orders" provides as follows: "9. Alterations, Extras and Change Orders. It is contemplated that there may be additions, © deletions, and modifications to the Plans and Specifications in connection with the construction of the Improvements, by which additional costs may be incurred. All such additions, deletions, or modifications of the Improvements shall be evidenced by a written agreement between the Borrawer and Contractor which shail specify the cost of the addition, deletion or modification and the amount the Contract Price is increased or decreased thereby as well as whether the Completion Date willbe | extended thereby. Any such additions, delctions or modifications that are agreed to in writing shall be secured by the liens created by this Contract and shall be part of the indebtedness secured hereby as fully as if such amount were included in the original Contract Price. Lender, at its option and subject to the execution of such additional loan documents as it may require, may advance all or part of such additional amount. If Lender elects not to advance such additional amount, Borrower shall 1.
(Form.542) ILEUM 862610 pay Contractor in cash upon completion of such additions, deletions, and modifications and Contractor shall have a lien on the Property for the payment of such amount, which licn Contractor agrees shail be subordinate to the lien retained and transferred to Lender in this Contract..."
s and Contractor shall have a lien on the Property for the payment of such amount, which licn Contractor agrees shail be subordinate to the lien retained and transferred to Lender in this Contract..."
1.2. Borrower and Contractor have agreed to make additions and modifications to the Plans and Spccifications as contemplated by the Original Agreement as evidenced by this Amcndment. No work has commenced on the additions and modifications before the date of this Amendment.
13. The additions and modifications to the Plans and Specifications for the Improvements are described on Exhibit "A" which is attached to this Amendment and incorporated into it by reference for all purposes.
1.4. The cost of the additions and modifications is $51,612.80 and the Contract Price is increased by that amount resulting in a total Contract Price of $420,172.93 (the original Contract Price of 1.5. Borrower and Contractor agree that the $51,612.80 additional cost is secured by the mechanic’s lien granted by Borrower to Contractor in the Original Agreement according to its terms and Borrower and Contractor hereby ratify the terms of the Original Agreement.
1.6. If this Amendment conflicts with, varics from, or modifies the terms and conditions of the Original Agreement, then the terms and provisions of this Amendment shall control and govern the rights and obligations of the parties to this Amendment. In all other respects, the terms of the Original Agreement are confirmed and ratified by this Amendment.
ARTICLE 2.
MISCELLANEOUS 2.1. This Amendment may not be modified, supplemented, amended, or altered except by an agreement in writing signed by all of the parties to this Amendment.
2.2. THIS AMENDMENT HAS BEEN PREPARED, IS BEING EXECUTED AND
nt may not be modified, supplemented, amended, or altered except by an agreement in writing signed by all of the parties to this Amendment.
2.2. THIS AMENDMENT HAS BEEN PREPARED, IS BEING EXECUTED AND DELIVERED, AND IS INTENDED TO BE PERFORMED IN BEXAR COUNTY, TEXAS, AND THE SUBSTANTIVE LAWS OF SUCH STATE AND THE APPLICABLE FEDERAL LAWS OF THE UNITED STATES OF AMERICA SHALL GOVERN. THE VALIDITY, CONSTRUCTION, ENFORCEMENT, AND INTERPRETATION OF THIS AMENDMENT. ITIS FURTHER INTENDED AND THE AMENDMENT OF THE PARTIES THAT VENUE IN ANY ACTION INVOLVING THIS AMENDMENT SHALL LIE IN BEXAR COUNTY, TEXAS.
2.3. The Original Agreement and this Amendment and its exhibits embody the entire agreement between the parties and supersede all prior agreements and understandings, if any, rclating to its subject matter.
2.4, This Amendment is binding upon the parties to it and their successors and assigns.
2.5. All Article and Scction headings are for convenience of reference only and shall i Jn no way affect the interpretation of this Amendment.
~ 2.6. Time is of the essence of this Amendment.
(orm.548} éLLif B6L61A y 2.7. All documents, instruments, exhibits, and other writings referred to in this Amendment are made a part of it for all purposes with the same effect as if attached to it.
IMPORTANT NOTICE. YOU AND YOUR CONTRACTOR ARE RESPONSIBLE FOR MEETING THE TERMS AND CONDITIONS OF THIS CONTRACT. IF YOU SIGN THIS CONTRACT, YOU MAY LOSE YOUR LEGAL OWNERSHIP RIGHTS IN YOUR HOME. KNOW YOUR RIGHTS AND DUTIES UNDER THE LAW.
THIS CONTRACT IS SUBJECT TO CHAPTER 27, PROPERTY CODE. THE PROVISIONS OF THAT CHAPTER MAY AFFECT YOUR RIGHT TO RECOVER DAMAGES ARISING FROM THE PERFORMANCE OF THIS CONTRACT. IF YOU HAVE A COMPLAINT CONCERNING A.
CT IS SUBJECT TO CHAPTER 27, PROPERTY CODE. THE PROVISIONS OF THAT CHAPTER MAY AFFECT YOUR RIGHT TO RECOVER DAMAGES ARISING FROM THE PERFORMANCE OF THIS CONTRACT. IF YOU HAVE A COMPLAINT CONCERNING A.
CONSTRUCTION DEFECT ARISING FROM THE PERFORMANCE OF THIS CONTRACT AND THAT DEFECT HAS NOT BEEN CORRECTED THROUGH NORMAL WARRANTY SERVICE, YOU MUST PROVIDE NOTICE REGARDING THE DEFECT TO THE CONTRACTOR BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, NOT LATER THAN THE 60TH DAY BEFORE THE DATE YOU FILE SUIT TO RECOVER DAMAGES IN A COURT OF LAW. THE NOTICE MUST REFER TO CHAPTER 27, PROPERTY CODE, AND MUST DESCRIBE THE CONSTRUCTION DEFECT. IF REQUESTED BY THE CONTRACTOR, YOU MUST PROVIDE THE CONTRACTOR AN OPPORTUNITY TO INSPECT AND CURE THE DEFECT AS PROVIDED BY SECTION 27.004, PROPERTY CODE.
DATED: January 34) , 2003 (Form.548) CLLIM 862614 STATE OF TEXAS COUNTY OF Bexar This instrument was acknowledged before me on this 24th day of January, 2003 by Randell E. Carr and wife, Phyllis Lynn Carr.
[SEAMAS TONJA RALEBACK WHITE Kotary Public STATE OF TEXAS My Comm. Exp. 11-07-2004 STATE OF TEXAS COUNTY OF Bexar Notary Public, State of Texas 241 24th This instrument was acknowledged before me on the day of January, 2003 by Gene Hartman, President of Provincial Homes, Inc., a corporation, on behalf of said corporation.
[SEAL ^5% TONA WALDBACK WHITE Notary Public, State of Texas Jory Patio STATE OF TEXAS My Comm. Hsp. 11-07-2004 STATE OF TEXAS COUNTY OF BEYAR This instrument was acknowledged before me on John LAFIELD Bank, a banking association, on behalf of said association.
[ WANDA GALE HARM Notary Public, State of Texas [SEX My Commission expires April 7, 2005 Dando the 33rd day of January, 2003 by RESIDENT of Broadway National alectarum Notary Public, State of Texas
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[ WANDA GALE HARM Notary Public, State of Texas [SEX My Commission expires April 7, 2005 Dando the 33rd day of January, 2003 by RESIDENT of Broadway National alectarum Notary Public, State of Texas AFTER RECORDING RETURN TO: BROADWAY NATIONAL BANK P.O. Box 17001 San Antonio, TX, 78217 (Form.548) 1699 VOL9798 PG1774 I (Form 548) = .....
EXHIBIT "A" DESCRIPTION OF ADDITIONS AND/OR MODIFICATIONS VOL9798 PG1775 01/22/2003 00:14 8309807797 JAN-22-2003 WED 07:38 AM USAA REAL ESTATE CO.
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81/17/2003 13:47 8303887797 TO: RANDALL CARR FROM: GENE HARTMAN GENE HARTMAN FAX NO. 210 488 6214 GENE HARTMAN PROVINCIAL HOMES, INC.
1/16/03 PAGE 01 P. 02 PAGE 82 RE: UPGRADES THE FOLLOWING CHARGES HAVE BEEN INCURRED IN THE UPGRADING OF YOUR RESIDENCE AT 3310 CLEARSPRINGS PARK.
1 2 OUTBUILDING SHED AT WELL; INCLUDING SLAB, ELECTRICAL, FRAMING, PAINTING. AND ROOFING ADDITIONAL FLATWORK (ALLOWANCE $11,800.)
$ $150.00 (ACTUAL FLATWORK $20,148.)
5 9048.00 1 CEDAR REMOVAL $ 2800.00 4 FIREPLACE UPORADE $ 1059.00 S SURROUND SOUND PRE-WIRE $ 3072.00 $ CENTRAL VAC PRE-PLUMB $ 879.00 7 暑 g 10 ELECTRICAL UPGRADES HVAC UPGRADES (MEDIA AIR FILTERS) ADDITIONAL 61 WINDOW IN BEDROOM 7 TRIM UPGRADES TBD $ $16.00 $ 108.45 $5719.21 11 BURYING OF LFG TANK $ $60.00 12 CABINET UPGRADE $ 4217.00 13 CERAMIC TILE UPGRADE (MATERIAL) $ 3000.00 14 ADDITIONAL TOPSOIL $ 2200.00 1 UFCHARGE ON LIGHT FIXTURES $ 2202.06 16 CARPET UPGRADE 17 FENCING 13 STONE COLUMNS AT FENCES 15 MESQUITE STAIRS (MATERIAL ONLY) TOTAL $ 45$4.00 $ TBD $ 2170.00 $ 6562.04 $51612.80 Cong محنت SENE HARTMAN VOL9798 PG1776 : RECORDER'S MEMORANDUM AT THE TIME OF RECORDATION, THIS INSTRUMENT WAS FOUND TO BE INADEQUATE FOR THE BEST PHOTOGRAPHIC REPRODUCTION BECAUSE OF ILLEGIBILITY, CARBON OR PHOTO COPY, DISCOLORED PAPER, ETC.
: der Federli
RANDUM AT THE TIME OF RECORDATION, THIS INSTRUMENT WAS FOUND TO BE INADEQUATE FOR THE BEST PHOTOGRAPHIC REPRODUCTION BECAUSE OF ILLEGIBILITY, CARBON OR PHOTO COPY, DISCOLORED PAPER, ETC.
: der Federli Any provision herein which restricts the sale, cr of is described eat property because of race le vald and unforced STATE OF TEXAS, COUNTY OF BIDAR 3 hareby cerity that it was FLED in Flambar Sequence Se date and at the time thereon by me and was duly RECORDED is the Official Public Record of Red Prosity of Bay County, Tases on: JAN 27 2003 Serving Pastoff COUNTY CLERK SEXAR COUNTY, TEXAS Doc 20030019657 # Pages 7 01/27/2003 04:50:34 PM Filed & Recorded in Official Records of BEXAR COUNTY BERRY RICKHOFF COUNTY CLERK Fees $21.90 VOL9798 P81777