06 July 2005

Completed Deed

SEND TAX NOTICE TO:

(Name) Redi and Willing Byers

(Address) 625 Brown Street

Pelham, AL 35124


This instrument was prepared by


(Name) Jeff Rowell, Attorney

(Address) Suite 101

1572 Montgomery Highway

Birmingham, AL 35216


Form TICOR 5200 1-84

WARRANTY DEED JOINT TENANTS WITH RIGHT OF SURVIVORSHIP - TICOR TITLE INSURANCE


STATE OF ALABAMA } KNOWN ALL MEN BY THESE PRESENTS.

Shelby County }


That in considerations of Seventy Thousand and zero/hundreds Dollars


to the undersigned grantor or grantors in hand paid by the GRANTEES herein, the receipt whereof is acknowledged, we


Sam Sellor, a married man


(herein referred to as grantors) do grant, bargain, sell and convey unto


Redi and Willing Byers, husband and wife


(herein referred to as GRANTEES) as joints tenants with right of survivorship the following described real estate situated in


Shelby County, Alabama to-wit:



Legal Description


Lot 29, according to the Survey of Lake Terrace, as recorded in Map Book 19, Page 153 in the Probate Office of Shelby County.


The document is subject to:


Taxes due in the year 2005, a lien, but not yet payable. Parcel #58-13-7-25-1-0010991.007


All easements, restrictions, all federal, state and county laws and regulations, right-of-ways, and encumbrances of record.


Of the $70,000 in consideration $40,000 is in the form of a mortgage which leaves a $30,000 difference between the deed and the mortgage.


TO HAVE AND TO HOLD Unto the said GRANTEES as joint tenants with right of survivorship, their heirs and assigns, forever: it being the intention of all parties to this conveyance, that (unless the joint tenancy hereby created is severed or terminated during the joint lives of the grantees herein) in the event one grantee herein survives the other, the entire interest in fee simple shall pass to the surviving grantee and if one does not survive the other then the heirs and assigns of the grantees herein shall take as tenants in common.


And I (we) do for myself (ourselves) and for my (our) heirs, executors and administrators covenant with the said GRANTEES, their heirs and assigns, that I am (we are) lawfully seized in fee simple of said premises: that they are free from all encumbrances, unless otherwise noted above: that I (we) have a good right to sell and convey the same as aforesaid: that I (we) will and my (our) heirs, executors and administrators shall warrant and defend the same to the said Grantees their heirs and assigns forever against the lawful claims of all persons,


IN WITNESS WHEREOF, We have hereunto set Our hand(s) and seals(s) this 20 day of July , 20 05


WITNESS

ओॠज़तथओपऑय Seal ЊЯЭ Seal

Sam Sellor, Grantor Redi Byers, Grantee


Seal ضعسع قكم Seal

Willing Byers, Grantee


Seal Seal


STATE OF ALABAMA }

Jefferson COUNTY }



I the undersigned , a Notary Public, in and for said County in said State, hereby certify that Redi and Willing Byers , whose name are signed to the foregoing conveyance, and who are known to me, acknowledged before me on this day, that, being informed of the contents of the conveyance, they executed the same voluntarily on the day the same bears date.


Given under my hand and official seal this 20 day of July , 20 05



JR Paralegal

Notary Public


Completed Mortgage



[Space Above This Line For Recording Data]



MORTGAGE


THIS MORTGAGE (“Security Instrument”) is given on 20 July

20 05 . The grantor is Redi and Willing Byers, husband and wife (“Borrower”). This Security Instrument is give to Dewey, Cheatum and Howe Loan Company which is organized and existing under the laws of Alabama , and whose address is Post Office Box 122, Birmingham, Alabama, 35203 (“Lender”). Borrower owes Lender the principal sum of Forty Thousand and zero/hundreds Dollars (US $ 40,000 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument (“Note”), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on September 1, 2005 . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender and Lender's successors and assigns, with power of sale, the following described property located in Shelby County, Alabama:



Lot 29, according to the Survey of Lake Terrace, as recorded in Map Book 19, Page 153 in the Probate Office of Shelby County.



which has the address of 625 Brown Street, , Pelham,

(Street) (City)

Alabama 35124 (“Property Address”):

[Zip Code]



TO HAVE AND TO HOLD this property unto Lender and Lender's successors and assigns, forever, 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 mortgage, 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.



ALABAMA---Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3001 9/90 (page 1 of 6 pages)






If Lender invokes the power of sale, Lender shall give a copy of a notice to Borrower in the manner provided in paragraph 14. Lender shall publish the notice of sale once a week for three consecutive weeks in a newspaper published in Shelby County, Alabama, and thereupon shall sell the Property to the highest bidder at public auction at the front door of the County Courthouse of this County. Lender shall deliver to the purchaser Lender's deed conveying the Property. Lender or its designee may purchase the Property at any sale. Borrower covenants and agrees that the proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorney's fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it.

22. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs.

23. Waivers. Borrower waives all rights of homestead exemption in the Property and relinquishes all right of curtesy and dower in the Property.

24. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument.

[Check applicable box(es)]


 Adjustable Rate Rider  Condominium Rider  1 – 4 Family Rider

 Graduated Payment Rider  Planned Unit Development Rider  Biweekly Payment Rider

 Balloon Rider  Rate Improvement Rider  Second Home Rider

 Other(s) [specify]


BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it.


Witnesses:


(Seal)

Redi Byers −Borrower


(Seal)

Willing Byers −Borrower


[Space below This Line For Acknowledgment]