TEXAS VOLUNTARY LIEN ON HOMESTEAD

STATE OF TEXAS }
COUNTY OF HAYS }

A cash loan was executed in April of 2014 between EDWARD

(EDDIE) C. GUTIERREZ, JR. and PATRICIA (PATSY) GUTIERREZ -
husband and wife (GRANTEES), of 162 Belle Dr, Wimberly Texas
78676, borrowed from the cash government savings of Juana P.
Hernandez who is still alive at 107 years of age, for a loan sum
of $15K USD cash for a family vacation trip to Europe. Ricardo
P. Hernandez was only holding Juana’s government cash savings,
and it was not his personal cash. This loan by the grantees was
never paid back to Juana P. Hernandez’ govt cash savings, as of
date. Juana P. Hernandez has assigned this outstanding cash
loan, with an initial principal of $15K USD, plus 18% APR
interest compounded annually, and all costs as to collection,
owed Juana from grantees, to her grandson DANIEL MONTES, JR.
(GRANTOR).
On May 13th, 2021, at 5:07P US CT, grantor contacted the
grantees via text on their cell phone 512-689-5896, and demanded
that the grantees pay back their outstanding loan. At 8:30P US
CT, May 13th, 2021, the grantees offered via text from their
cell phone to pay their outstanding loan upon the sale and
closing of their homestead. This offer by the grantees was
accepted by the grantee and thus created this voluntary lien on
homestead and all real estate assets. No other liens exist on
the grantees’ real estate in Hays County Texas upon filing, and
this grantor’s voluntary lien is the first lien on this real
estate, and is superior to any other liens. The grantor asked
the grantees to pay their loan prior to filing, but they refused
and failed to do so. In the event the grantees fail to pay the
balance, the grantor is authorized by the grantees to foreclose
on the real property at 162 Belle Dr., Wimberly Texas,described
land and improvements herein, without court intervention.
The total amount of the grantees’ loan owed as of October
19th, 2021, is $50,065.00 USD, including costs of drafting,
remote notary fees, and filing fees, and the costs of the Travis
County Lien, and continues to accrue 18% APR interest compounded
annually, until paid.

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LEGAL DESCRIPTION: LOT 7 AND A PORTION OF LOT 8, PARADISE
HILLS, SECTION THREE (3), A SUBDIVISION OF HAYS COUNTY, TEXAS,
ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 1, PAGE
357, PLAT RECORDS, HAYS COUNTY, TEXAS; THAT PORTION OF LOT 8
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOCATED IN THE
AMASA TURNER SURVEY, ABSTRACT NO. 461, HAYS COUNTY, TEXAS, AND
BEING A PORTION OF LOT 8, PARADISE HILLS, SECTION 3 ACCORDING TO
THE PLAT RECORDED IN VOLUME 1, PAGE 357 OF THE PLAT RECORDS OF
HAYS COUNTY, TEXAS SAID 0.2285 ACRE TRACT BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A ½ INCH IRON
ROD FOUND IN A CURVE IN THE NORTH LINE OF BELLE DRIVE, ACCORDING
TO SAID PLAT OF PARADISE HILLS, FOR THE SOUTHWEST CORNER OF LOT
7, PARADISE HILLS, THE SOUTHEAST CORNER OF SAID LOT 8 AND THE
SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT OF LAND; THENCE,
WITH THE NORTH LINE OF BELLE DRIVE AND THE SOUTH LINE OF SAID
LOT 8, WITH A CURVE TO THE LEFT HAVING A RADIUS OF 49.91 FEET, A
CHORD THAT BEARS SOUTH 87 DEGREES 38 MINUTES 45 SECONDS WEST,
13.95 FEET, AN ARC DISTANCE OF 14.00 FEET TO A ¼ INCH IRON ROD
FOUND IN SAID CURVE IN THE NORTH LINE OF BELLE DRIVE, THE SOUTH
LINE OF SAID LOT 8, FOR THE SOUTHEAST CORNER OF A CALLED 0.9203
ACRE TRACT DESCRIBED IN DATED 1/29/1998, FROM JUDITH M. LUDWIG
TO THOMAS G. BYER AND SPOUSE, DIANE BYER, RECORDED IN VOLUME
1378, PAGE 883 OF THE OFFICIAL PUBLIC RECORDS OF HAYS COUNTY,
TEXAS, AND THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT OF
LAND; THENCE, NORTH 09 DEGREES 28 MINUTES 06 SECONDS WEST,
CROSSING SAID LOT 8, WITH THE EAST LINE OF THE SAID 0.9203 ACRE
TRACT AND THE WEST LINE OF THE HEREIN DESCRIBED TRACT, A
DISTANCE OF 222.79 FEET TO A ½ INCH IRON WITH CAP STAMPED
“WEAVER 4427” SET IN A SOUTHEAST LINE OF A CALLED 16.27 ACRE
TRACT DESCRIBED AS TRACT 1 IN PARTITION DEED DATED 2/17/2009,
BETWEEN BILLIE L. PELLERIN AND JOAN KATHLEEN HACKER, RECORDED IN
VOLUME 3602, PAGE 794 OF THE OFFICIAL PUBLIC RECORDS OF HAYS
COUNTY, TEXAS, THE NORTHWEST LINE OF SAID LOT 8, FOR THE
NORTHEAST CORNER OF THE SAID 0.9203 ACRE TRACT AND THE NORTHWEST
CORNER OF THE HEREIN DESCRIBED TRACT OF LAND; THENCE, NORTH 61
DEGREES 34 MINUTES 29 SECONDS EAST, WITH A SOUTHEAST LINE OF THE
SAID 16.27 ACRE TRACT, THE NORTHWEST LINE OF SAID LOT 8 AND THE
NORTHWEST LINE OF THE HEREIN DESCRIBED TRACT A DISTANCE OF 45.13
FEET TO A ½ INCH IRON ROD WITH CAP STAMPED “WEAVER 4427” SET AT
THE BASE OF A LARGE CEDAR TREE FOR AN ANGLE POINT IN THE SAID
16.27 ACRE TRACT, THE NORTH CORNER OF SAID LOT 8 AND THE NORTH

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CORNER OF THE HEREIN DESCRIBED TRACT OF LAND; THENCE, SOUTH 50
DEGREES 06 MINUTES 31 SECONDS EAST, WITH A SOUTHWEST LINE OF THE
SAID 16.27 ACRE TRACT, THE NORTHEAST LINE OF SAID LOT 8 AND THE
NORTHEAST LINE OF THE HEREIN DESCRIBED TRACT, A DISTANCE OF
39.65 FEET TO A ½ INCH IRON ROD FOUND IN A SOUTHWEST LINE OF THE
SAID 16.27 ACRE TRACT, FOR THE NORTHEAST CORNER OF SAID LOT 8,
THE NORTHWEST CORNER OF SAID LOT 7 AND THE NORTHEAST CORNER OF
THE HEREIN DESCRIBED TRACT OF LAND; THENCE SOUTH 05 DEGREES 10
MINUTES 56 SECONDS WEST, WITH THE WEST LINE OF SAID LOT 7, THE
EAST LINE OF SAID LOT 8 AND THE EAST LINE OF THE HEREIN
DESCRIBED TRACT, A DISTANCE OF 216.12 FEET TO THE POINT OF
BEGINNING, CONTAINING 0.2285 ACRES OF LAND. ALSO KNOWN AS 162
BELLE DR., WIMBERLY TEXAS 78676.

A duplicate lien was filed in error against the grantees

prior homestead at 5911 Mordred Ln, Austin Texas 78739, located
in Travis County Texas, and the grantor releases that filed lien
against that real property who the current owners are Chad
Simmons and Paul Wellings, and not Edward C. Gutierrez, Jr. and
Patricia Gutierrez, grantees. This error was caused by the
grantees’ willful deception of where their actual homestead was.
Grantees misrepresented themselves to the grantor, as being the
current owners and homestead at 5911 Mordred Ln, which they sold
in 2019.
A courtesy copy of this Grantor’s executed voluntary lien
on homestead in Hays County Texas, was served upon the grantees
via their emails and regular mail this date, as effective
constructive notice encumbering title. This voluntary lien to
be filed in the Hays County Deed Records within 30 days or
sooner.
In the event the grantees challenge this lien, that the
grantees shall indemnify and owe the grantor of all his
attorneys fees and court costs, plus 18% APR interest compounded
annually until paid, secured against this same described real
estate, herein.

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Executed this 19th day of October, 2021.

By:____________________________________
DANIEL MONTES, JR. (GRANTOR)
1745 Megan, Donna TX 78537
956-435-0647 US voip
tierraylibertad1714@gmail.com

STATE OF TEXAS }
COUNTY OF _______________
Harris } ACKNOWLEDGEMENT

This instrument was signed remotely before me on the 19th

day of October, 2021, by DANIEL MONTES, JR., proved to me by a
valid US Govt issued passport and unexpired Texas Drivers
License.

[SEAL] __________________________________
NOTARY PUBLIC

Notary Public, State of Texas

Notarized online using audio-video communication

AFTER RECORDING PLEASE MAIL FILED ORIGINAL TO:

DANIEL MONTES, JR. AND BLANCA LOPEZ MENDOZA (HUSBAND WIFE)
1745 MEGAN, DONNA, TEXAS 78537