notice of assessment lien sale - granicus

NOTICE OF ASSESSMENT LIEN SALE

STATE OF TEXAS § §

COUNTY OF TARRANT §

WHEREAS, on or about June 9, 2017, a Notice of Lien was filed in the Deed Records of Tarrant County, Texas, covering the real property herein described concerning default in the payment of the indebtedness owing by Nickolis Moye and Nikita Moye, the present owners of said real property, to Coventry Neighborhood Association (the "Association"); and

WHEREAS, the said Nickolis Moye and Nikita Moye have continued to default in the payment of their indebtedness to the Association and the same is now wholly due, and the Association, acting by and through its duly authorized agent, intends to sell the herein described property to satisfy the present indebtedness of said owners to the Association;

NOW, THEREFORE, notice is hereby given that on Tuesday, November 5, 2019, between 10 o'clock a.m. and 4 o'clock p.m., the Association will sell said real estate at the East steps of the Tarrant County Courthouse, 100 West Weatherford, Fort Worth, Tarrant County, Texas, to the highest bidder for cash, subject to all superior liens and encumbrances of record. The earliest time at which said sale will begin will be 1 :00 o'clock p.m., and the sale will take place not later than three (3) hours after that time.

Said real estate is described as follows:

Lot 22, Block C, Coventry Addition, an addition to the City of Fort Worth, Tarrant County, Texas, according to the map or plat thereofrecorded in Cabinet A, Slide 5861 of the Plat Records of Tarrant County, Texas. (525 Linacre Drive)

WITNESS my hand this 14th day of October, 2019

a n R. Reed, Substitute rustee ddle & Williams, P.C.

811 Turtle Creek Blvd, Suite 500 Dallas, Texas 75219

The within notice was posted by me on the_ day of ______ , 2019, at the Tarrant County Courthouse in Tarrant, Texas.

FILED

OCT 15 2019

NOTICE OF ASSESSMENT LIEN SALE ~ Cl.ERK, TARJwir co. n:v ...

~ STATE OF TEXAS §

§ COUNTY OF TARRANT §

WHEREAS, on or about May 11, 2015, a Notice of Lien was filed in the Deed Records of Tarrant County, Texas, covering the real property herein described concerning default in the payment of the indebtedness owing by Deborah K. Barefield, the present owner of said real property, to Harris Crossing Homeowners' Association (the "Association"); and

WHEREAS, the said Deborah K. Barefield has continued to default in the payment of her indebtedness to the Association and the same is now wholly due, and the Association, acting by and through its duly authorized agent, intends to sell the herein described property to satisfy the present indebtedness of said owners to the Association;



Lot 13, Block 17, of Harris Ridge Phase 2, an addition to the City of Arlington, Tarrant County, Texas, according to the Plat thereof as recorded in Cabinet A, Slide 10484 of the Plat Rec~arrant County, Texas (8122 York Beach Place)

WITNESS my hand this _p day of October, 2019

HARRIS CROSSING HO~EOWN);S'

::,SOCJAT~ ~ ~ Jason . R ed, Substitute Trustee

Ri dle & Williams, P.C. 11 Turtle Creek Blvd, Suite 500

Dallas, Texas 75219


134-66870

J:1t1:o ~ ocr ts 2019

~ NOTICE OF ASSESSMENT LIEN SALE



WHEREAS, on or about November 29, 2018, a Notice of Lien was filed in the Deed Records of Tarrant County, Texas, covering the real property herein described concerning default in the payment of the indebtedness owing by Ogheneovie Urevbu, the present owner of said real property, to HOA of Mansfield National, Inc. (the "Association"); and

WHEREAS, the said Ogheneovie Urevbu has continued to default in the payment of his indebtedness to the Association and the same is now wholly due, and the Association, acting by and through its duly authorized agent, intends to sell the herein described property to satisfy the present indebtedness of said owners to the Association;



Lot 14, Block 12, Mansfield National Section A, Phase I, an Addition to the City of Mansfield, Tarrant County, Texas, according to the Map or Plat thereofreccirded in Cabinet A, Slide 5876, Plat Records, Tarrant County, Texas (9 Par Court)

WITNESS my hand this 11th day of September, 2019

::FK N~C.

eed, Substitute Trustee ddle & Williams, P.C.

811 Turtle Creek Blvd, Suite 500 Dallas, Texas 75219

The within notice was posted by me on the_ day of _____ ~ 2019, at the Tarrant County Courthouse in Tarrant, Texas.

OCT 15 2019 :iNTYODJ<.T>AAANTco.,TWS ---..DEPtJJy

048-307 4 7 5-19 FILED TARRANT COUNTY

8/22/2019 1:02 PM THOMAS A. WILDER

DISTRICT CLERK CAUSE NO. 048-307475-19

IN RE: ORDER FOR FORECLOSURE CONCERNING

9 Par Court Mansfield, TX 76063

UNDER TEX. R. CIV. PROC. 736

AND OGHENEOVIE UREVBU

§ IN THE DISTRICT COURT OF § § § TARRANT COUNTY, TEXAS § § § § 48TH JUDICIAL DISTRICT

ORDER FOR FORECLOSURE

On April 18, 2019, the Application for Foreclosure under Tex. R. Civ. Proc. 736 in the

above-entitled cause of action was presented to the Court. HOA of Mansfield National, Inc.

(the "Association"), Petitioner herein, seeks an order pursuant to Tex. R. Civ. Proc. 736 to

foreclose the Association's assessment lien against 9 Par Court, Mansfield, Texas 76063, and

further described as follows:

Lot 14, Block 12, Mansfield National Section A, Phase I, an Addition to the City

of Mansfield, Tarrant County, Texas, according to the Map or Plat thereof

recorded in Cabinet A, Slide 5876, Plat Records, Tarrant County, Texas (9 Par

Court) (hereinafter the "Property).

The Court finds that the Association's Application for Foreclosure complies with Rule

736.1 of the Tex. R. Civ. Proc. and was properly served in accordance with Rule 736.4 of the

Tex. R. Civ. Proc. The Court further finds that Respondent has not previously filed a response,

and the return of service has been on file with the clerk of the Court for at least l O days before

the date of this Order. The Court finds that the name and last known address of each respondent

is as follows: .!! E-MAILED MAllED COPY TO IA~ ~ 9-l.{-W 1'1 AND~~~f ~ %:12..ee.d (et:~-Dm1 D~~~f'- .µ)

l ORDER FOR FORECLOSURE UNDER TEX. R. CIV. PROC. 736

11-rw - -

Ogheneovie Urevbu 7508 Lomo Alto Plano, Texas 75024

FILED

OCT j 5 2019 WNTYCLERK. TARRANrco., TtXAS

- PEPtlrY

Pursuant to Rule 736.7 of the Tex. R. Civ. Proc., all facts alleged in the Application for

Foreclosure and supported by the affidavit of material facts constitute prima facie evidence of the

truth of the matters alleged. The Court further finds as follows:

I. This proceeding is brought in the county in which all or part of the real property

encumbered by the lien sought to be foreclosed is located.

2. The Association is governed by the Declaration (the "Declaration"), as corrected

and supplemented from time to time.

3. The Property is subject to and governed by the Declaration.

4. By virtue of Respondent's acquisition of the Property, Respondent agreed to and

became obligated by the Declaration to pay to the Association all assessments for

the expense of administration, maintenance, upkeep and repair of the Community

as assessed in accordance with the Declaration, as more particularly shown in

Article III of the Declaration.

5. Article Ill, Section 3.1 of the Declaration creates an assessment lien against the

Property to secure payment of assessments and other charges pursuant to Tex. R.

Civ. Proc. 735.l(c) and Tex. Prop. Code 209.0092.

6. Article III, Section 3.6 of the Declaration further provides that the Association

may foreclose its assessment lien by appropriate judicial or non-judicial

proceedings.

7. During the period of Respondent's ownership, Respondent has been assessed

maintenance fees in a non-discriminatory manner based on Respondent's

ORDER FOR FORECLOSURE UNDER TEX. R. CIV. PROC. 736 PAGE2

ownership of the Property.

FILED

OCT t 5 2019 ~Nrf Ct.ERK, T>RIWn'CO~

8. Article III, Section 3.1 .of the Declaration and Texas Property Code 5.006 provide

for recovery of attorney's fees and expenses incurred in the collection of

delinquent assessments.

9. As of March 15, 2019, Respondent is 74 months in default in his obligations to

the Association for a total of Six Thousa~d and Twenty Four Dollars and Eighty

One Cents ($6,024.81).

10. Respondent has been notified of the amounts due and unpaid attributed to

Respondent's failure to pay the assessments and other charges by notice letter

dated September 18, 2018.

I I. A Notice of Lien was filed on or about November 29, 2018 at D218262552 in the

office of the County Clerk of TARRANT, Texas, and Respondent was notified of

same by letter dated November 29, 2018.

12. The Association afforded Respondent thirty (30) days to cure the default pursuant

to the November 29, 2018 letter, and such opportunity to cure the default has

expired.

13. Prior to filing this Application, the Association performed all actions required

under applicable law and the terms of the Declaration required prior to foreclosing

the Association's assessment lien against the Property.


FILED

OCT ~ 5 2019 COONlY aERK, TAARANT CO., TW8 SY _ DEPUTY

THE COURT THEREFORE GRANTS the Association's Application for Foreclosure

under Tex. R. Civ. Proc. 736.

IT IS THEREFORE ORDERED that the Association may proceed with a foreclosure

of its assessment lien on the Property under the terms of the Association's Declaration and Texas

Property Code Section 51.002; and

IT IS FURTHER ORDERED that the Association shall send Respondent a copy of this

Order with the notice of foreclosure sale sent to Respondent; and

IT IS FURTHER ORDERED that the Association may communicate with Respondent

and all third parties as may be reasonably necessary to conduct the foreclosure sale of the

Property.

SIGNED ON ¥.33,Wi . 7 ~

JUDGE PRESIDING

ORDER FOR FORECLOSURE UNDER TEX. R. CIV, PROC. 736 PAGE4

STATE OF TEXAS

COUNTY OF TARRANT


§ § §

WHEREAS, on or about September 5, 2018, a Notice of Lien was filed in the Deed Records of Tarrant County, Texas, covering the real property herein described concerning default in the payment of the indebtedness owing by Freddy C. Danso, the present owner of said real property, to Duplex Owners Association at Woodland Estates, Inc. (the "Association"); and

WHEREAS, the said Freddy C. Danso has continued to default in the payment of his indebtedness to the Association and the same is now wholly due, and the Association, acting by and through its duly authorized agent, intends to sell the herein described property to satisfy the present indebtedness of said owners to the Association;



Lot 12A, Block 2, of Woodland Estates, Phase 1-B, an addition to the City of Mansfield, Tarrant County, Texas, according to the Map or Plat thereofrecorded in Cabinet A, Slide 10943, Plat Records, Tarrant Co~, Texas (2407 Ravenwood Court)

WITNESS my hand this day of October, 2019

DUPLEX O ERS ASSOCIATIO AT

WOODLA D ESWE , C_J . .,______ yv-«~ R. eed, Substitute Trustee

iddle & Williams, P.C. 811 Turtle Creek Blvd, Suite 500

Dallas, Texas 75219


STATE OF TEXAS

COUNTY OF TARRANT


§ § §

WHEREAS, on or about August 16, 2018, a Notice of Lien was filed in the Deed Records of Tarrant County, Texas, covering the real property herein described concerning default in the payment of the indebtedness owing by Aliscia MaGee, the present owner of said real property, to Kirby Creek Village Association (the "Association"); and

WHEREAS, the said Aliscia MaGee has continued to default in the payment of her indebtedness to the Association and the same is now wholly due, and the Association, acting by and through its duly authorized agent, intends to sell the herein described property to satisfy the present indebtedness of said owners to the Association;

NOW, THEREFORE, notice is hereby given that on Tuesday, November 5, 2019, between 10 o'clock a.m. and 4 o'clock p.m., the Association will sell said real estate at the East steps of the Tarrant County Courthouse, 100 West Weatherford, Fort \Vorth, Tarrant County, Texas, to the highest bidder for cash, subject to all superior liens and encumbrances of record. The earliest time at which said sale will begin will be 1 :00 o'clock p.m., and the sale will take place not later than three (3) hours after that time.


Lot 37, Block A, of Kirby Creek Village, Section IX, an addition to the City of Grand Prairie, Tarrant County, Texas, according to the Map thereofrecorded in Volume 99183, Page 2490, of the Map Records, Dallas County, Texas and in Cabinet A, Slide 5318, Plat Records, Tarrant County, Texas (3004 Bosswood Court)

WITNESS my hand this 2 day of October, 2019

::y C :tt~ATION Jaso . eed, Substitute Trustee

ddle & Williams, P.C. 3811 Turtle Creek Blvd, Suite 500 Dallas, Texas 75219





WHEREAS, on or about February 2, 2017, a Notice of Lien was filed in the Deed Records of Tarrant County, Texas, covering the real property herein described concerning default in the payment of the indebtedness owing by Prabhath Kasaraneni and Srinivas Potlapalli, the present owners of said real property, to Fossil Hill Estates Home Owners Association (the "Association"); and

WHEREAS, the said Prabhath Kasaraneni and Srinivas Potlapalli have continued to default in the payment of their indebtedness to the Association and the same is now wholly due, and the Association, acting by and through its duly authorized agent, intends to sell the herein described property to satisfy the present indebtedness of said owners to the Association;



Lot 54, Block 1, of Fossil Hill Estates, an Addition to Tarrant County, Texas, according to the plat thereofrecorded in Cabinet A, Slide 6756, Plat Records, Tarrant County, Texas (10409 Fossil Hill Drive)

WITNESS my hand this 15th day of October, 2019

FOSSIL HILL ESTATES HOME OWNERS

::,SOCIA:N R u Jaso Reed, Substitute Trustee

'ddle & Williams, P.C. 3811 Turtle Creek Blvd, Suite 500 Dallas, Texas 75219


1221-60316

,,

FILED

236-304286-18

OCT a 5 2019 ~NlY~TmJNTOO~

CAUSE NO. 236-304286-18

FILED TARRANT COUNTY

6/18/2019 8:49 AM THOMAS A WILDER

DISTRICT CLERK

INRE:ORDERFORFORECLOSURE CONCERNING

10409 Fossil Hill Drive Fort Worth, TX 76131

UNDER TEX. R, CIV. PROC. 736

AND PRABHATH KASARANENI AND SRINIV AS POTLAPALLI

§ IN THE DISTRICT COURT OF § § § TARRANT COUNTY, TEXAS § § § § 236TH JUDICIAL DISTRICT

ORDER FOR FORECLOSURE

On November 12, 2018, the Application for Foreclosure under Tex. R. Civ. Proc. 736 in

the above-entitled cause of action was presented to the Court. Fossil Hill Estates Home

Owners Association (the "Association"), Petitioner herein, seeks an order pursuant to Tex. R.

Civ. Proc. 736 to foreclose the Association's assessment lien against 10409 Fossil Hill Drive,

Fort Worth, Texas 76131, and further described as follows:

Lot 54, Block 1, of Fossil Hill Estates, an Addition to Tarrant County, Texas, according to the plat thereof recorded in Cabinet A, Slide 6756, Plat Records, Tarrant County, Texas () 0409 Fossil Hill Drive) (hereinafter the "Property).

The Court finds that the Association's Application for Foreclosure complies with Rule

736.1 of the Tex. R. Civ. Proc. and was properly served in accordance with Rule 736.4 of the

Tex. R. Civ. Proc. The Court further finds that Respondents have not previously filed a

response, and the return of service has been on file with the clerk of the Court for at least l O days

before the date of this Order.

respondent is as follows:

Prabhath Kasaraneni 328 Paluxy Drive Irving, Texas 75039

Srinivas Potlapalli

The Court finds that the name and last known addresH.'lf each :I: ~ a

2:r ~>N 3? (/) ~l> n' . r-< ,.,,_ :or AC:,

rr, ::::0

N .. c..) _,

ORDER FOR FORECLOSURE UNDER TEX. R. CIV. PROC. 736 PAGEl

328 Paluxy Drive Irving, Texas 75039

FILED

ocr Y s 2019 COONTYCI.ERK, TAARANr (If~

Pursuant to Rule 736.7 of the Tex. R. Civ. Proc., all facts alleged in the Application for

Foreclosure and supported by the affidavit of material facts oonstitute prima facie evidence of the

truth of the matters alleged. The Court further finds as follows:

l, This proceeding is brought in the county in which all or part of the real property

encumbered by the lien sought to be foreclosed is located.

2. The Association is governed by the Declaration of Covenants, Conditions &

Restrictions for Fossil Hill Estates (the "Declaration"), as corrected and

supplemented from time to time.

3. The Property is subject to and governed by the Declaration.

4. By virtue of Respondent's acquisition of the Property, Respondents agreed to and

became obligated by the Declaration to pay to the Association all assessments for

the expense of administration, maintenance, upkeep and repair of the Community

as assessed in accordance with the Declaration, as more particularly shown in

Article 6, Section 6.9.2 and Section 6.10. and Article 7 of the Declaration.

5. Article 7, Section 7.10 and Section 7.10.4 of the Declaration creates an

assessment lien against the Property to secure payment of assessments and other

charges pursuant to Tex. R. Civ. Proc. 735.l(c) and Tex. Prop. Code 209.0092.

6. Article 7, Section 7.10.5 and Section 7.10.6 of the Declaration further provides

that the Association may foreclose its assessment lien by appropriate judicial or

non-judicial proceedings.

7. During the period of Respondents' ownership, Respondents have been assessed


• FILED

ocr j s 2019 :'NTYCLERK. TARRANT CO., TrXAS

- /JEPtJJY

maintenance fees in a non-discriminatory manner based on Respondents'

ownership of the Property.

8. Article 7, Section 7.4.3 of the Declaration and Texas Property Code 5.006 provide

for recovery of attorney's fees and expenses incurred in the co11ection of

delinquent assessments.

9. As of October 25, 2018, Respondents are 35 months in default in his/her

obligations to the Association for a total of Four Thousand Seven Hundred and

Seventeen Dollars and Seventy One Cents ($4,717.71).

10. Respondents have been notified of the amounts due and unpaid attributed to

Respondents' failure to pay the assessments and other charges by notice letter

dated March 9, 2017.

11. A Notice of Lien was filed on or about February 2, 2017 at Instrument No.

D217025908 in the office of the County Clerk of TARRANT, Texas, and

Respondent was notified of same by letter dated May 18, 2017.

12. The Association afforded Respondent thirty (30) days to cure the default pursuant

to the May 18,2017 letter, and such opportunity to cure the default has expired.

13. Prior to filing this Application, the Association performed all actions required

under applicable law and the tenns of the Declaration required prior to foreclosing

the Association's assessment lien against the Property.

THE COURT THEREFORE GRANTS the Association's Application for Foreclosure

under Tex. R. Civ. Proc. 736.


FILED

OCT j 5 2019 gx1NTY CLERK, TARIWlT eo,, 1W8 -------iPEPUTY

IT IS THEREFORE ORDERED that the Association may proceed with a foreclosure

of its assessment lien on the Property under the terms of the Association's Declaration and Texas

Property Code Section 51.002; and

IT IS FURTHER ORDERED that the Association shall send Respondents a copy of

this Order with the notice of foreclosure sale sent to Respondents; and

IT IS FURTHER ORDERED that the Association may communicate with Respondents

and all third parties as may be reasonably necessary to conduct the foreclosure sale of the

Property.


flLED

NOTICE OF SUBSTITUTE TRUSTEE'S SALE

Notice is hereby given that a public sale auction of the Property ( as that term is defined below) will be held at the date, time, and place specified herein.

Information regarding the indebtedness and deed of trust lien that is the subject of this appointment:

Promissory Note:

Date: July 19, 2018

Borrower(s): Ma De La Luz Villegas Velazquez and Naomi Rodriguez Villegas

Payee: Avocet Ventures, L.P.

Original Principal Amount: $111,600.00

Deed of Trust: Date: July 19, 2018

Grantor(s): Ma De La Luz Villegas Velazquez, Cary Matthew Jenkins and Naomi Rodriguez Villegas

Trustee: Michael H. Patterson

Recorded in: Document Number D218167445, Tarrant County, Texas

Property:

Lot 8, Block 12, Ryan Southeast Addition, an addition to the City of Fort Worth, Tarrant County, Texas, according to the plat thereof recorded in Volume 388, Page 7, Plat Records, Tarrant County, Texas.

Which currently has the address of

928 Marion Ave Fort Worth, Texas 76104

["Property Address"]

Present Owner of Promissory Note(s) and Beneficiary under Deed of Trust:

A vocet Ventures, L.P.

1

FfLED Information regarding the public sale to be held:

Substitute Trustee: Jeffrey V. Leaverton, Substitute Trustee Padfield & Stout, LLP

Date of Sale:

Time of Sale:

Place of Sale:

420 Throckmorton Street, Suite 1210 Fort Worth, Texas 76102

Appointed by written instrument dated October 15, 2019, and recorded or to be recorded in the Official Public Records of Tarrant County, Texas.

November 5, 2019, being the first Tuesday in said month.

The earliest time at which the sale will occur is 10:00 a.m., Fort Worth, Texas local time, but in no event later than 3 hours thereafter.

Tarrant County Courthouse, Texas, 100 W. Weatherford, Fort Worth, Texas 76196 at the following location: THE BASE OF THE COURTHOUSE STEPS ON THE EAST SIDE OF THE BUILDING OR AS DESIGNATED BY THE COUNTY COMMISSIONER'S OFFICE or as designated by the County Commissioners Court.

Default has occurred in the payment of the indebtedness evidenced by the Promissory Note. Because of such default, Avocet Ventures, L.P. appointed a Substitute Trustee and has requested the Substitute Trustee to enforce the Deed of Trust.

Therefore, notice is given that, on the date and time and at the place set forth hereinabove, I, as Substitute Trustee, will sell the above-referenced Property by public sale to the highest bidder for cash in accordance with the Deed of Trust and the laws of the State of Texas.

Prospective bidders are advised to make their own examination of title to the Property to determine the existence of any easements, restrictions, liens, or other matters affecting the title to the Property. Neither Substitute Trustee nor Avocet Ventures, L.P. make any representation of warranty (express or implied) regarding the title to or the condition of the Property. The Property to be sold at the public sale will be sold in its present "AS IS" condition and subject to all ad valorem taxes then-owing with respect to the Property.

Jeffrey V. Leaverton, Substitute Trustee

2

STATE OF TEXAS

COUNTY OF TARRANT

ACKNOWLEDGMENT

§ § §

This instrument was acknowledged before me on October 15, 2019 by Jeffrey V. Leaverton, in his capacity as Substitute Trustee .

. it~i~~t;t,;,. SARA L. BAILEY gf:~':~i Notary Public, State of Texas

(Pe ~~ §s~rr Expires 02-03-2023 1,,1111 ,,,,, '1rMary ID 130101209

Please Return File-Stamped Copy to:

Padfield & Stout, LLP Attn: Jeff Leaverton 420 Throckmorton Street, Suite 1210 Fort Worth, Texas 76102

3

Deed of Trust:

Dated:

Grantor:

Trustee:

Lender:

Recorded in:

Secures:

Real Property:

City of Fort Worth, County of Tarrant

Notice of Foreclosure Sale

October 15, 2019

August 14, 2018

Daniel Guajardo

Steven E. Anderson

El Paso Booty, LLC

FILED

OCT 1 5 2019 CWflY Cl.ERK, T~ CO~ TEX>S BY _____ DEPUTY

Instrument No. D218183596 of the real property records of Tarrant County, TP-xas

Grantors' Note ("Note") in the original principal amount of $125,000.00 executed by Daniel Guajardo ("Borrower") and payable to the order of Lender

Lot 11-R in Block 107 of Wedgwood Addition, an Addition to the City of Fort Worth, Tarrant County, Texas, according to the map or plat thereof recorded in Volume 388-37, Page 29 of the map records of Tarrant County, Texas;

And more commonly known as 6213 Wheaton Dr., Fort Worth, Texas 76133

Assignment: None

Substitute Trustees: Chris Heald Brad Hogan Michael Sheetz

7920 Belt Line Rd. Dallas, Texas 75254 Phone: (817) 768-3877

Foreclosure Sale:

Date:

Time:

Place:

November 5, 2019

The sale of the Property will be held between the hours of 10:00 A.M. and 4:00 P.M. local time; the earliest time at which the Foreclosure Sale will begin is 10:00 A.M. and the sale will conclude no later than three hours after that time.

Tarrant County Courthouse, 100 West Weatherford St., Fort Worth, Texas 76196, or as designated by the county

NOTICE OF FORECLOSURE SALE - PAGE 1

Terms of Sale:

City of Fort Worth, County of Tarrant

commissioner's office or the commissioner's court, pursuant to §51.002 of the Texas Property Code.

The Foreclosure Sale will be conducted as a public auction and the Property will be sold to the highest bidder for cash, except that Lender's bid may be by credit against the indebtedness secured by the lien of the Deed of Trust.

Default has occurred in the payment of the Note and in the performance of the obligations of the Deed of Trust. Because of that default, Lender, the owner and holder of the Note, have requested Substitute Trustee to sell the Property.

The Deed of Trust may encumber both real and personal property. Formal notice is hereby given of Lender's election to proceed against and sell both the real property and any personal property described in the Deed of Trust in accordance with Lender's rights and remedies under the Deed of Trust and section 9.604(a) of the Texas Business and Commerce Code.

Therefore, notice is given that on and at the Date, Time, and Place for the Foreclosure Sale described above, Substitute Trustee will sell the Property in accordance with the Terms of Sale described above, the Deed of Trust, and applicable Texas law.

If Lender passes the Foreclosure Sale, notice of the date of any rescheduled foreclosure sale will be reposted and refiled in accordance with the posting and filing requirements of the Deed of Trust and the Texas Property Code.

The Foreclosure Sale will be made expressly subject to any title matters set forth in the Deed of Trust, but prospective bidders are reminded that by law the Foreclosure Sale will necessarily be made subject to all prior matters of record affecting the Property, if any, to the extent that they remain in force and effect and have not been subordinated to the Deed of Trust. For the avoidance of doubt, the Foreclosure Sale will not cover any part of the Property that has been released of public record from the lien and/or security interest of the Deed of Trust by Lender. Prospective bidders are strongly urged to examine the applicable property records to determine the nature and extent of such matters, if any.

Pursuant to section 51.009 of the Texas Property Code, the Property will be sold "AS IS," without any express or implied warranties, except as to the warranties (if any) provided for under the Deed of Trust. Prospective bidders are advised to conduct an independent investigation of the nature and physical condition of the Property.

Pursuant to section 5 l.0075(a) of the Texas Property Code, Substitute Trustees reserve the right to set further reasonable conditions for conducting the Foreclosure Sale. Any such further conditions shall be announced before bidding is opened for the first sale of the day held by Substitute Trustees.

FILED

OCT 1 5 2019 CCXMY Cl.ERK, TARRANT CO~ TEX>S BY _____ DEPUTY NOTICE OF FORECLOSURE SALE - PAGE 2

City of Fort Worth, County of Tarrant FILED

OCT 1 5 2019 COlMY CLERK, TAR!Wtl' CO., TEX.AS BY ____ ___,DEPUTY

Assert and protect your rights as a member of the armed forces of the United States. If you are or your spouse is serving on active military duty, including active military duty as a member of the Texas National Guard or the National Guard of another state or as a member of a reserve component of the armed forces of the United States, please send written notice of the active duty military service to the sender of this notice immediately.

Isl Michael Sheetz

Michael Sheetz Substitute Trustee for the benefit of El Paso Booty, LLC

NOTICE OF FORECLOSURE SALE - PAGE 3

f:'I, •.

ocr 15 2019 jfJNTYClIRK,~

NOTICE OF NON-JUDICIAL FORECLOSURE SAL~

WHEREAS, on December 19, 2016, Felipe De Jesus Esquivel Gaytan and Hilda Fernanda Rubio Arana ("Mortgagors", whether one or more), executed that certain deed of trust ("Deed of Trust") in favor of Clifford D. Harmon, Trustee which deed of trust secures the payment of that certain promissory note of even date therewith in the original amount of$83,700.00, payable to the order ofBNI Funding, LLC, which Deed of Trust is recorded under Clerk's File No. D216297302 in the Real Property Records of Tarrant County, Texas, and covers all of the real property, personal property, and fixtures described therein, including, but not limited to, all of the following described property, rights and interests (the "Property"), to-wit:

LOT 6, BLOCK 12 , VIEW PARK ADDITION, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNlY, TEXAS, ACCORDING TO PLAT OF SAME RECORDED IN VOLUME 388-A, PAGE 75, OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS, commonly known as 5320 Brandy Avenue, Fort Worth, Texas, 76134; and

WHEREAS, the Trustee named in the Deed of Trust having been removed, the legal holder of the indebtedness described in the Deed ofTrust appointed David Garvin, Kelly Goddard, Darian Goddard, Michelle Schwartz, Clifford D. Harmon, and Turrie Silva or any one of them, as Substitute Trustee ( each being referred to as the "Substitute Trustee"), upon the contingency and in the manner authorized by the Deed of Trust; and

WHEREAS, defaults have occurred in the covenants of the Deed of Trust, monetary or otherwise, and the indebtedness secured by and described in the Deed of Trust is now wholly due, and BNI Funding, LLC, the legal holder of such indebtedness and the liens securing same, has requested any one of the Substitute Trustees to sell the Property in accordance with applicable law and the terms and provisions of the Deed of Trust;

NOW, THEREFORE, NOTICE IS HEREBY GIVEN that on TUESDAY, November 05, 2019, being the first Tuesday of such month, at the county courthouse of Tarrant County, Texas, the Substitute Trustee will sell the Property at public vendue to the highest bidder for cash; provided that the owner of the indebtedness secured by the Deed of Trust may bid a credit against such indebtedness. The sale will take place at the Tarrant County Courthouse, or at such other location as set by the Commissioners Court of such county from time to time, which is the area designated by such Commissioners' Court for sales of real property under a power of sale conferred by a deed of trust or other contract lien.

NOTICE IS FURTHER GIVEN that the foreclosure sale will occur at 10:00 AM, or not later than three (3) hours after such time; such time being between the hours of 10:00 a.m. and 4:00 p.m. on said TUESDAY, November 05, 2019.

NOTICE IS FURTHER GIVEN that, except to the extent that the Substitute Trustee may bind and obligate Mortgagors to warrant title to the Property under the terms of the Deed of Trust, conveyance of the Property shall be made without any representations or warranties whatsoever, express or implied.

WITNESS my hand as of October 15, 2019.

Si~f'/.L/ ~~_.(y;J _____________ _, Substitute Trustee Printed Name

Matter No. 1406 FOR INFORMATION CONTACT: Clifford D. Harmon, 14860 Montfort, Suite 111, Dallas, Texas 75254

NOTICE OF SUBSTITUTE TRUSTEE'S SALE

WHEREAS, on March 14, 2019, JMKSRidgmar, LLC, a Texas limited liability company, executed a Note and Deed of Trust conveying to Mark Salloum, Trustee, the real estate herein described to secure PV Opportunity Fund V, LP in the payment of a debt therein described, said Deed of Trust being recorded under Doc #0219052677, Real Property Records of Tarrant County, Texas;and

WHEREAS, Mark Salloum has been removed as Trustee and Jeremy Wright has been appointed Substitute Trustee; and

WHEREAS, default has occurred in the terms of the Deed of irust and in the payment of said indebtedness and the same is now wholly due, and the owner and holder of said debt has requested the undersigned to sell the property to satisfy said indebtedness;

NOW, THEREFORE, notice is hereby given that on Tuesday, the 5th day of November, 2019, between the hours of 10:00 o'clocka.m. and4:00o'clock p.m. provided however, the sale will begin no earlier than l 0:00 a.m. and no later than three hours thereafter, I will sell said real estate located at 100 West Weatherford Street, Fort Worth, Texas 76196, in the area of the Courthouse designated by the Commissioners' Court, to the highest bidder for cash.

Assert and protect your rights as a member of the armed forces of the United States. lf you are or your spouse is serving on active military duty, including active military duty as a member of the Texas National Guard or the National Guard of another state or as a member of a reserve component of the armed forces of the United States, please send written notice of the active duty military service to the sender of this notice immediately.


See attached Exhibit .. A" attached hereto and made part hereof.

SIGNED on this IS41aay of Q,,4....he ,. , 2019.

THIS INSTRUMENT APPOINTS THE SUBSTITUTE TRUSTEE(S)IDENTIFIED TO SELL THE PROPERTY DESCRIBED IN THE SECURITY INSTRUMENT IDENTIFIED IN THIS NOIICE OF SALE THE PERSON SIGNING THIS NOTICE IS THE ATTORNEY OR AUTHORIZED AGENT OF THE MORTGAGEE OR MORTGAGE SERVICER.

FILED

OCT 15 2019 coum CLERK. TARRANT co., 1tXAS BY..· -·--·~·_J)EPUIY

THESTATEOFTEXAS § §

COUNTY OF ~\\9 £ §

This instrument was acknowledged before me on the i5.. day of OC\¢1):-t'C by Jeremy Wright.

SEAL:

Sedky lsmaiel Notary Public

State of Texas My Comm. Exp. 06/16/2021

Notary ID 12657711-2

G:\Marks Documents\FC\Pac Ventures\notice of substitute trustee's sale.wpd

Notary Public, State of Texas

FILED

OCT ~ 5 2019 COUNlYClfRK. tA.RRNIT~ av ____ _

,2019,

EXHIBIT "A"

Being a tract of land situated in the Peterson Pate Survey, Abstract No. 1202, City of Fort Worth, Tarrant County. Texas and being a portion of Tract t--R, Ridgmar Mall, an addition to the City of Fort Worth, Tarrant County, Texas as recorded In Volume 388/1"07, Page 74, Plat Records, Tarrant County, Texas, said tract being more particularly described by metes and bounds as follows:

COMMENCING at the Northeast comer of Tract U as shown in the Plat recorded in Volume 388/98, Page 27, said County Records, said point being a comer of said Tract I-R;

THENCE N 06 .. 14' 14" E, 110.65 feet to the Point of Beginning, a PK nail set in asphalt;

THENCE N 45° 00' 00" W, 14.14 feet to a "+" cut in concrete set;

THENCE NORTH, 75.00 feet to a PK nail set In asphalt;

THENCE WEST, 20.00 feet;

THENCE NORTH, 250.00 feet;

THENCE N 45° 00' O" E, 14.14, to a n+u cut In concrete set;

THENCE EAST, 50.00 feet to a PK nail set in asphalt;

THENCE NORTH, 9.50 feeno a "+" cut in concrete set;

THENCE EAST, 275.50 feet to a PK nail set in asphalt, the beginning of a curve to the right;

THENCE 31.42 feet along the arc of said curve to the right through a central angle of so• 00' 00", a radius of 20.00 feet and a long chord of S 45° 00' 00'' E, 28.28 feet to a P.K. nail set in asphalt;

THENCE SOUTH, 27& feet to a PK nail set in asphalt, the beginning of a curve to the right;

THENCE 31.42 feet along the arc of said curve to the right through a central angle of 90° 00' 00". a radius of 20.00 feet and a tong chord of S 45° 00' 00" W, 28.28 feet to a P.K. nail set ln concrete;

THENCE WEST, 215.50 feet to a PK nail set In asphalt;

THENCE SOUTH, 25.50 feet to a PK nail set in asphalt;

THENCE WEST, 55.00 feet to a PK nail set In asphalt;

THENCE SOUTH, 10.00 feet to a PK nail set in asphalt;

THENCE WEST, 35.00 feet to the Point of Beginning and containing 114,573 square feet or 2.630 acres of land, more or less.

NOTE: The Company is prohibited from insuring the area or quantity of land described herein. MY statement in the above legal description Is not a representation that such area or quantity is correct, but Is made only for Informational and/or identification purposes and does not override or alter the insuring provisions of item two (2) of Schedule B hereof.

Exhibit "A" (Legat OescripUon) Page 1 of 1 FILED

OCT 1 5 2019 COUtflYCt.ERK. TAARANTCO., 'fros ev, ____ ___..JDEPUlY

MS-246976