ts no.: 2021-00289-tx lozi aug i 2 00
TRANSCRIPT
FILEO FOR HECORD
TS No.: 2021-00289-TX lOZI AUG I 2 II: 00I 21...(l00 142-673
• .. I ' ,11 cau H CL INotice of [Substitute] Trustee Sale HD ::lEP.SO . co~ TV. TEXt 3
Assert and protect your rights as a member of the armed forces ofthe United States. !fyou 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 componenj of the armed forces of the United States, please send written notice of the active duty military service to tbe sender of this notice immediately.
1. Date, Time and Place of Sale.
Dllte: 1010512021
Time: The sale will begin at 10:00 AM or not later than three hours after that time
Place: Henderson County, Texas at the following location: THE SOUTH ENTRANCE PORCH OF THE HENDERSON COUNTY COURT HOUSE OR AS DESIGNATED BY THE COUNTY COMMISSIONER'S OFFICE PURSUANT TO SECTION 51.002 OF THE TEXAS PROPERTY CODE AS THE PLACE WHERE FORECLOSURE SALES ARE TO TAKE PLACE OR AS DESIGNATED BY THE COUNTY COMMISSIONERS
Property Address: 112 JOE PRINCE DR, ATHENS, TX 75751
2. Terms of Sale: The sale will be conducted as a publ'ic auction to the highest bidder for cash. Pursuant to the deed of trust, the mortgagee has the right to direct the Trustee to sell the property in one or more parcels and/or to sell aU or only part of the property. Pursuant to section 51.009 of the Texas Property Code, the property will be sold in AS IS, WHERE IS condition, without any express or implied warranties, except as to the warranties of title, if any, provided for under the deed of trust. Any conveyance of the property is subject to all matters of record affecting the property.
3. Instrument to be Foreclosed: The instrument to be foreclosed is the Deed of Trust or Contract Lien dated 0711812005 and recorded 07119/2005 in Book 2556 Page 344 Document 0012933, real property records of Henderson County, Texas, with RICHARD E. WEATHERBY AND JENNIFER W. WEATHERBY, HUSBAND AND WIFE grantor(s) and OPTION ONE MORTGAGE CORPORATION, A CALIFORNIA CORPORATION as Lender, HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR SG MORTGAGE SECURITIES TRUST 2005-0PT1, ASSET BACKED CERTIFICATES, SERIES 2005-0PTI as Beneficiary.
4. Appointment of Substitute Trustee: In accordance with Texas Property Code Sec. 51.0076, the undersigned authorized agent for the mortgage servicer has named and appointed, and by these presents does name and appoint AVT Title Services, LLC, located at 5177 Richmond Avenue Suite 1230, Houston, TX 77056, Substitute Trustee to act under and by virtue of said Deed of Trust
5. Obligation Secured: Deed of Trust or Contract Lien executed by RICHARD E. WEATHERBY AND JENNIFER W. WEATHERBY, HUSBAND AND WIFE, securing the payment of the indebtedness in the original principal amount of $62,000.00, and obligations therein described including but not limited to the promissory note; and all modifications, renewals and extensions of the promissory note. HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR SG MORTGAGE SECURITIES TRUST 200S-0PT!, ASSET BACKED CERTIFICATES, SERIES 200S-0PTl is the current mortgagee of the note and deed of trust or contract lien.
Notice of [Substitute] Trustee Sale
6. Default: A default has occurred in the payment of indebtedness, and the same is now wholly due, and the owner and holder has requested to sell said property to satisfy said indebtedness.
7. Property to be sold: The property to be sold is described as follows:
ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND SITUATED IN THE THOMAS PARMER SURVEY, A-782, HENDERSON COUNTY, TEXAS, AND BEING DESCRIBED AS LOT NO.4, BLOCK NO.2, W1LWOOD ADDITION, ACCORDING TO THE PLAT RECORDED IN VOLUME 1, PAGE 169, NOW KNOWN AS CABINET B, SLIDE 25, PLAT RECORDS OF HENDERSON COUNTY, TEXAS.
8. Mortgage Servicer Information: The Mortgage Servicer is authorized to represent the Mortgagee by virtue of a servicing agreement with the Mortgagee. Pursuant to the Servicing Agreement and Texas Property Code § 51.0025, the Mortgage Servicer is authorized to collect the debt and to administer any resulting foreclosure of the lien securing the property referenced above. PHH Mortgage Corporation, as Mortgage Servicer, is representing the current mortgagee, whose address is:
C/O PHH Mortgage Corporation
Phone: 877~744-2506
Notice of [Substitute] Trustee Sale
9. Limitation of Damages: If the sale is set aside for any reason., the Purchaser at the sale shall be entitled only to a return of the funds paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, or the Mortgagee's attorney.
THIS INSTRUMENT APPOINTS THE SUBSTITUTE TRUSTEE(S) IDENTIFIED TO SELL THE PROPERTY DESCRIBED IN THE SECURITY INSTRUMENT IDENTIFIED IN THIS NOTICE OF SALE. THE PERSON SIGNING THIS NOTICE IS THE A'ITORNEY OR AUTHORIZED AGENT OF THE MORTGAGEE OR MORTGAGE SERVICER.
Date: August 11, 2021
Stephanie Spurlock, Camisha Scott, Iman Walcott, Tanesha Humphrey, Claire Buxton, Glenda Hamilton - Attorney or Authorized Agent of The Mortgagee or Mortgage Servicer
ClO Power Default Services, Inc. Northpark Town Center 1000 Abernathy Rd NE; Bldg 400, Suite 200 Atlanta, GA 30328 Telephone: 855-427-2204 Fax: 866~960-8298
POWER DEFAULT SERVICES, INC. MAY BE ACTING AS A DEBT COLLECTOR ATfEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE.
Certificnte of Posting I am whose address is do AVT Title Services, LLC, 5177 Riclunond AVaJue, Suite 1230, Houston, rx 77056. rdeclllI'C under penalty of perjury that on I filed this Notice of Foreclosure Sale at the office of the HenderS<JD County Clerk and C81Jsed it to be PQstui at the location directcl by the Henderson County Commissioners Court.
I Y. TE XI\S
Notice of Foreclosure Sale FILE D FOr RCCOiW
ZOll SEP 14 M1 8: 08 Recorded Document: Deed of Trust
Dated: May 28,2010
Trustee: Dale H. Henley
Substitute Trustee: Mark J. Calabria
Recorded in: Real property records of the County Clerk's Office of Henderson County, Texas
Legal Description: Being Lot 8 and 9, Block G, Cedar Knolls Subdivision, First Installment, accord,ing to the plat recorded in Cabinet C, Slide 95 and Volume 7, Page 14 of the Plat Records of Henderson County, Texas.
Secures: Promissory Note ("Note") in the original principal amount of $37,000.00, executed by Alan R. Amoroso and Deborah Cathy Amoroso (" Borrower") and payable to the order of Lender
Foreclosure Sale: Non Judicial
Date: Tuesday, October 5, 2021
Time: 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 not later than three hours thereafter.
Place: Henderson County Courthouse, 100 E Tyler St # 1 01, Athens, TX 75751
Terms of Sale: The Foreclosure Sale will be conducted as a public auction and the Property wi 1\ be sold to the highest bidder for cash, except that Billie Markham and Stephanie Markham'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, Billie Markham and Stephanie
Markham, the owner and holder of the Note, has requested Substitute Trustee to sell the Property.
The Deed of Trust may encumber both real and personal property. Formal notice is hereby given of Billie Markham and Stephanie Markham's election to proceed against and sell both the real property and any personal property described in the Deed of Trust in accordance with Billie Markham and Stephanie Markham'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 Billie Markham and Stephanie Markham 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 tide 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 Billie Markham and Stephanie Markham. 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 expressed 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 51.0075(a) of the Texas Property Code, Substitute Trustee reserves 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 Trustee.
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 noHce immediately.
THIS INSTRUMENT APPOINTS THE SUBSTITUTE TRUSTEE(S) IDENTIFIED TO SELL THE PROPERTY DESCRIBED IN THE SECURITY INSTRUMENT IDENTIFIED IN THIS NOTICE OF SALE. THE PERSON SIGNING THIS NOTICE IS THE ATTORNEY OR AUTHORIZED AGENT OF THE MORTGAGEE OR
MORTGAGE SERVICER.
..
A Debtor who is erving n active d uty in III mili tary ll a ) hav special rights or relief related to thi notice under federal law, including the Servicemembel's ' iviI R lie A l CO U.S. . app. Section - 1, Cl.
seq.) and ate law, including . ection 51 .0 I - of the Tex s Property od . ASSE RT AND PROT ECT YOUR RIGHT AS A MEM BER OF T HE ARM El) Ii' R EO THE U ITED STATE. IF YOU ARE OR YOUR PO E IS ERVI G ON IVE M ILITARY DUTY, INCLUDING ACTIV E M ILITARY DUTY A A MEMBER OF liE ' x NATIO'lAL G RD OR TH E I 'ATIONAL GUARD OF A I OTH . R TAT OR A A MEM BER OF A RESE RVE COMP NEN OF T HE ARM ED FORCE O F' Til 1T. r> TATE . PL ASE NO WRITTEN NOTICE or TH E ACTIV DUTY M I IT R ERVICE TO THE ENDER OF THIS NOTICE IMMEJ)lATELY.
NOTICE OFTR SALE
STATE OF TEXA § ;..co NTY Of UENOERSO § ~ en :00 ,."
Part} Idcntilication and Defined erms. The lIowing descr iption below shall also constitute defil :' -term --;:;J
which me be II ed through ut this inStTl lment. dditi nll l U:m'1 1l1 <.l be deli ned below. 0,.., r:::r Z:
Date: ptember 3, _ 2 1 - r' .J'
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PROMISSORY NOTE; ~ !,
Date: Ma 17. 20 18 Maker: rcations LLC Payee: Original Principal Amount:
DEED OF TR ST : Date: Ma. 17. _018 Gra ntor: LVI HU IZ R and VINCE ANDLIN T rustee: PL Beneficiary: Recording Information:
LENDER AND C RRENT OWNER Ilapp late B Ink A D HOLDER OF NOTE A ND DEED OF T RUST :
r ali ns LL BORROWER:
ana h >d hereto and incorporated by PROPERTY:
The Real Prop' rt) r i add re s is commonly known a 454 1 Wood ridg 0 1 W. handl r. 75758.
TRUST EE: PLA er ices. In .. ac ti ng by and throufl h Jeff arruth and/or or ' Hal l iburton. li th ri zeJ agen and/or attorneys in fact.
:"'OTIn: OF TfH 1 TEE 'S SALE - Page I
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DATE AND T IME OF TRUSTEE' S Ttl ESDA Y, OCTOBER 5, 2021 being the first Tuesday of SAL E OF PROPERTY: the Mon th, to c mmcn ce at 10:00 a.m. or within three (3)
hour thcreaft r.
LOCATION OF TRUSTEE'S SALE He nders n limy ourthoLls e in Athens. Texa, at the OF PROPERTY: foI l wing I L: ali n t the So uth ' ntran e Porch of Ih e
Hen erson unty urth us located t 100 E. Tier. At hens. Hender;on oLlnt . . Texas 75751 , or, if the preceding ell a i n lon!!.c r rhe de ignated rea. at the area most recently designated b the Hender n County ommiss ioner's ourt pur 'u8m t Sect ion " .00_ f the Texas Property ode a the place where fO rt~clo ure. ai ' are to take place. or if no place is de ignated by the mm iss ioner' ' ourt. the ale will be c ndllcte at th l.! pl (l L'e where the Notice r ~ o rc::cloSLIre ale \Va" p ted.
De fault ha occurred in the payment of the Pr mis ory t") and in the perfonnan e of the ob ligations of the eed of Trust, which eCLIres pay ment r the Promi. 50ry Nore(s). Because o f SlI h default. Lende r. a the owner f the Promis I . Note(s ). and as the urr lit holder r the Promis my otel ) and of the Deed fTrust, has reque·ted that the Trustet: or an J ul appointed ubsti tllte Trustee to _ell the Propt: rry ill ac rdance with the term f the Deed of Trusl and appl abl In", .
Therefore, notice is given that on the Date nel Tim of ru tc::e's Ie l r Prop rty and at the Plact:: llf
Trustee'. Sale of Property. the Trustee or an dul app illted successor ubstitute Trustee as Lender may subsequently appoint, \ ill se ll the ProperlY b publi a ll: LO til highest bidder for cash. in accordance with the Deed on-rust and applicable lav. The ale and nveyan e f the Property will be su bject to all m att rS of record appl icabl e to th~ Property which it sup ri or (0 the Deed of Trust. Thl: Tru. tee andlor Substitute Trustee has not made and will not make any covenants, warranties. or representations concerning the Prop rty other than providin , the sucee fil l bidda at the ale '."ith a deed t the Propert containing an warranties of title required b. the De do ' rust. Th · Property "hall be "old "A I \I H - RE IS" . and WIT H AL L FAULTS.
Dar d: eptember 3, 2 _1 P ER I E. I T . TRU T£'
~~ LIth Iriz d g nt and/or AHorney In Fact
TH TAT OF EXAS §
o T Y OF DALLAS ~
3. 2021 , b_J hi. document was ack no\ ledged ..J t.-t+ G,.((J +'"
/~;"'*:'~':~~~t;-... WRAY DOUGLAS.BROWN III 1l-~~~~~'::;;f.~~~:;;~~J!:./~r=== 1·( ~.~ My Notary 10 # 11178511 ....... .., .. \~f.~·o..·,~~··.... kxpires July 12, 2025.........
' OT1(: E OF TRl'STE E', SM. E - Pa:.:c 2
Tract III :
All that certain lot, tract, 0 parcel of lang, being .9608 DC es of llind more or less lo.cilted n the Miguel Cortinas l eague, Abstract No. 5, Henderson County. Te)( s, such and be ng more fuDy described as fo llov..s.
All thfit certain lot, tracl 0 parcel of land l0C8ted In the Mi uel Cortinas League, Abstract No.6, Henderson CQunt'J. Texas and being pert of that certom c lied 69 acre tract described In It deed recorded In Volume 263 . Page 301 of the Deed Re cords of Hendar on County T xas. and baing more completely descnbed as follo ,'/s , to-wit,
Beginning t iii 1 i 2~ Iron Rod set for corner "hich b r Nfl;n 88 deg 40 min. 29 sec. Eas~ 719.47 feel then South 12 deg. 09 mrn 06 s.ec. E sl , 469.07 feel from 1f2" Iron Rod found at the North -st comer of sald 69 acre ct,
The ce South 12 deg. 09 min. 6 ee East a dislance of 200,0 feel to a 1/2" Iron Rod set for corner on th@ North ine of a 50 foOl '1,ide roadway:
Thence SOlJth 79 de , 04 mrn 54 sec . West Hilh ld North line of a roadway a distance of 192. 19 feel t 8 t 2ft Iron Rod set for corner at the intersectIon o ' said Ii Ih the East line of another 50 foot fide road\vay;
Thence In a North 'esteJly direction ',':ith said roadWay as Ilows, North 23 deg . .. 7 m n. 07 SEtc . West 169 .05 eet , Ulen NOlth 13 deg. 55 min. 01 sec. West. 29.87 fael to a 1/2" Iron Rod set for comer:
Thence North ?7 deg S9 min. 16 sec... East I!I distance of 6.35 'Ht to th e P ace of B inning containing 0.960B acres of land .
'OT ICE 01· TIHIS nT'. SA LE - Pal!c J 201 8(>27 .0 ex
NOTICE OF FORECLOSURE SALE
ASSERT AND PROTECfYOUR RIGHTS AS A MEMBER OFTHE ARMED FORCES OFTHE UNITED STATES. IFYOU ARE OR YOUR SPOUSE IS SERVING ON ACTJVE MILITARY DUTY, INCLUDING ACTIVE MILITARY DUTY AS A MEMBER OF THE TEXAS NATIONAL GUARD OR THE NATIONAL GUARD OR ANOTHER STATE OR AS A MEMBER OF A RESERVE COMPONENT OF THE ARMED FORCES OF THE UNITED STATES, PLEASE SEND WRlTfEN NOTICE OF THE ACfJVE DUTY MILITARY SERVlCE TO THE SENDER OF THIS NOTICE IMMEDIATELY.
1. Prop~rty to BI!! Sold. The property to be sold is described as foUows: BEING ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND, BEING 0.72 ACRES, MORE OR LESS. SITUATED IN THE VlCfOR PANNELL SURVEY, A-642, HENDERSON COUNTY, TEXAS, AND BEING PART OF THE 30 ACRE TRACT DESCRIBED IN DEED FROM HENRY BRUNER TO UEL BRUNER DATED SEPTEMBER 17, I %2, RECORDED IN VOLUME 525, PAGE 158, DEED RECORDS OF HENDERSON COUNTY, TEXAS AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN CENTER LINE OF COUNTY ROAD ON SOUTH LINE OF AFORESAID 30 ACRE TRACT AND BEING 960 FEET EAST OF THE SOUTHWEST CORNER TI-lEREOF, AN IRON STAKE BEARS 20 FEET NORTH IN NORTH LINE OF SAID COUNTY ROAD; THENCE NORTH 314 FEET TO AN IRON STAKE FOR CORNER; THENCE EAST 100 FEET TO AN IRON STAKE SETON WEST LINE OF A PRIVATE ROAD; THENCE SOUTH 314 FEETWITIf WESTLINE OF SAID PRTVATE ROAD TO THE CENTER LINE OF A COUNTY ROAD, AN IRON STAKE BEARS 20 FEET NORTH; THENCE WEST 100 FEET TO THE PLACE OF BEGINNING AND CONTAINING 0.72 ACRES OF LAND OF WHICH 0.05 ACRES IS WllliIN TI-lE COUNTY ROAD.
2. Instrumen//o be For~cJost'd. The instrument to be foreclosed is the Deed of Trust dated 03/2812006 and recorded in Book 2647 Page 705 real property records of Henderson Counly, Texas.
3. Datt', nmt!, QJfd PIIlCl!! ofSalt'. The sale is scheduled to be held at the following date, time, and place:
Date: 10/05/2021
Time: 10:00 AM
Place: Henderson County, Texas at the following location: THE SOUTH ENTRANCE PORCH OF THE HENDERSON COUNTY COURT HOUSE OR AS DEsrGNATED BY THE COUNTY COMMISSIONER·S OFFICE or as designated by the County Commissioners Court.
4. rums ofSalt'. The sale will be conducted as a public auction to the highest bidder for cash. Pursuant to the deed of trust. the mortgagee has the right to direct the Trustee to sell the property in one or more parcels and/or to sell all or only part of the property. Pursuant to section 51.009 of the Texas Property Code, the property will be sold in AS IS, WHERE IS condition, without any express or implied warranties, except as to the warranties of title, if any, provided for under the deed of trust.
5. Obligations St'curt'd. The Deed ofTrust executed by HAROLD DUANE PENNY AND JUDY PENNY, provides that it secures the payment of the indebtedness in the original principal amount of S91 ,553.00, and obligations therein described including but not limited to (a) the promissory nOle; and (b) all renewals and extensions of the note. U.S. Bank National Association, not in its individual capacity but solely as trustee for the RMAC Trust., Series 2018 G-CTr is the current mortgagee of the note and deed of trust and RUSHMORE LOAN MANAGEMENT SERVICES, LLC is mortgage servicer. A servicing agreement between the mortgagee, whose address is U.S. Bank National Association, not in its individual capacity but solely as trustee for the RMAC Trust., Series 2018 G-CTf do RUSHMORE LOAN MANAGEMENT SERVICES, LLC, 15480 Laguna Cyn Road, Suite 100, IRVINE, CA 92618 and the mortgage servicer and Texas Property Code § 51.0025 authorizes the mortgage servicer to collect the debt .
6. Substitute rrustet'(s) ApjHJinted to CondJIct Sale. In accordance with Texas Property Code Sec. 51 .0076, the undersigned attorney for the mortgage servicer has named and appointed, and by these presents does name and appoint A VT Title Services, LLC, located at 5177 Richmond Avenue Suite 1230, Houston, TX 77056, Substitute Trustee to act under and by virtue of said Deed of Trust.
THIS INSTRUMENT APPOINTS THE SUBSTITUTE TRUSTEE(S) IDENTIFIED TO SELL THE PROPERTY DESCRIBED IN THE SECURITY INSTRUMENT IDENTIFIED IN THIS NOTICE OF SALE. THE PERSON SIGNING THIS NOTICE IS THE ATTORNEY OR AUTHORIZED AGENT OF THE MORTGAGEE OR MORTGAGE SERVlCER.
~- Mackie Wolf Zientz & Mann, P.e.
~ ..., <=> -, . ,Brandon Wolf, Attorney at Law rr1 , r-.>:z r/1... Keller Mackie, Attorney al Law 0 (T1 (/") rr,
Michael Zientz, Attorney at Law ..0 rr1 D(J")r -0Lori Liane Long, Attorney al Law 0_ , -"7l_A
c::::~-1Chelsea Schneider, Attorney at Law , . \.Dc:>- ::;J Ester Gonzales, Attorney at Law -=~
:::;::.. .....J -'I' -~ ~ '-.Parkway Office Center, Suite 900
~
Dallas, TX 75254 rT1 C) cx :::0
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~:;;~-n z )/"' ~ J. o ;:r' :%:I" r'"T1Notice of Foreclosure Sale ~("')-< c: d g§"': G'" -ri Z:;1';:', W c:;1. Property 10 Be Sold. The property to be sold is described as follows: n~' - N '::::J<::> . c: f"')' -0 :::0
All that certain lot, tract, or parcel ofland situated in the :;;L :::>:. [T\
:...:;r:;;,,: .r:::- G r'Y1c-i"
C.W. Jackson Survey Abstract 398, Henderson County, Texas, being all oft:l1e :sme:5actS described by,deed recorded in Volume 1170, Page 294, ofthe Deed Records tlfHenderson . County, Texas, the same tract also known as part ofLots 10 and II ofLake front Shores, an unrecorded subdivision on Lake Athens. Said tract or parcel of land being more fully described by metes and bounds as follows:
BEGINNING on a found 112" iron rod for the southwest comer ofthe above mentioned tract and this tract located on the 448 foot elevation of Lake Athens;
THENCE with said elevation N 03° 39' 47" W 50.10 feet and N 24° 26' 51" W 184.97 feet to the northwest comer of this tract; Witness: WEST 6.77 feet, a fuund 112" iron rod;
THENCE with the line ofdirectional control (based on record bearing) EAST 469.73 feet to a found 112" iron rod for the northeast corner of this tract located on the west line ofthe 50 foot road;
THENCE with said west line SOoo 16' 53" W 40.00 feet and S 10° 08' 11" W 174.22 feet to a found 3/8" iron rod for the southeast corner of this tract;
THENCE with the south line ofthis tract S 86° 21' 13" W 178.80 feet and N 88° 31' 01" W 173.97 feet to the place ofbeginning and containing 2.021 acres of land.
2. Instrument to be Foreclosed. The instrument to be foreclosed is the deed oftrust recorded in Instrument Number 2016-00004735 of the real property records ofHenderson County, Texas.
3. Date. Time, and Place olSale. The sale is scheduled to be held at the following date, time, and place:
Date: October 5, 2021
Time: Between the hours of 10:00 a.m. and 4:00 p.m. and to begin no earlier than 10:00 a.m. or no later than three hours thereafter.
Place: Henderson County Courthouse in Henderson, Texas, at the following location: On the porch to the south entrance of the Henderson County Courthouse, or ifthe preceding area is no longer the designated area, at the most recently designated by the County Commissioner's Court pursuant to section 51.002 ofthe Texas Property Code.
4. Terms o/Sale. The sale will be conducted as a public auction to the highest bidder for cash, subject to the provisions ofthe deed of trust pennitting the beneficiary thereunder to have the bid credited to the note up to the amount of the unpaid debt secured by the deed of trust at the time ofsale.
Those desiring to purchase the property will need to demonstrate their ability to pay cash on the day the property is sold.
The 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 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 oftrust. The sale shall not cover any part ofthe property that has been released ofpublic record from the lien ofthe deed oftrust. Prospective bidders are strongly urged to examine the applicable property records to detennine the nature and extent ofsuch matters, if any.
Pursuan t to section 51.009 of the Texas Property Code, the property will be sold in "as is, where is" condition. Trustee makes no representation or warranty of any kind whether express, implied, statutory, quasi-statutory, or otherwise. Any warranty ormerchantability or fitness for a partieular purpose is expressly diselaimed. Trustee makes no representation or warranties with respect to the compliance with the laws, rules, agreements, specifications, condition, quality, capacity, design, operation, absence of any latent defects or any other warranty or representation whatsoever with respect to the property, all ofwhich is expressly waived by the purchaser. Prospective bidders are advised to conduct an independent investigation of the nature and physical condition of the property.
Pursuant to section 51.0075 ofthe Texas Property Code, the trustee reserves the right to set further reasonable conditions for conducting the sale. Any such further conditions shall be announced before bidding is opened for the first sale ofthe day hel.d by the trustee or any substitute trustee.
5. Type o/Sale. The sale is a nonjudicial deed-of-trust lien and security interest foreclosure sale being conducted pursuant to the power ofsale granted by the deed of trust and security agreement executed by Ralph Rather and Teresa Rather.
6. Obligations Secured. The deed of trust provides that it secures the payment of the indebtednesses and obligations therein described (collectively, the "Obligations") including but not limited to (a) the promissory note in the original principal amount ofS 575,000.00, executed by Ralph Rather, and payable to the order of Teresa Rather.
Questions concerning the sale may be directed to the undersigned.
7. Default and Request to Act. Default has occurred under the deed oftrust, and the beneficiary has requested trustee, Eric F. Dankesreiter, to conduct this sale. Notice is given that before the sale the beneficiary may appoint another person substitute trustee to conduct the sale.
Flower Mound, Texas 75022 Telephone (972) 691-3677 Facsimile (972) 691-5688
The attached letter served to give notice to Ralph Rather and other creditors whose liens affect the property ofthe nonjudicial foreclosure sale ofproperty pursuant to the deed oftrust dated April 14, 2016, filed for record in the real property records ofHenderson County, Texas, as required under the Texas Property Code.
STATE OF TEXAS }
COUNTY OF DENTON
Sworn and subscribed to before me by Eric F. Dankesreiter who personally appeared before me this 1st date of September, 2021, and who acknowledged that he signed the instrument freely and voluntarily.,......-------r:
STEPHANIE REDOING Notary 10 ~1l5391290
My Commission Expires December 13, 2023
Eric F. 30 I 0 Broadmoor Lane
Notary Ublic
September 1,2021
Via CMRRR # 7020 2450 0000 5643 1078 Ralph Rather 2549 Lakefront Shores Road Athens, Texas 75752
Via First Class Mail Via CMRRR # 7020 2450 0000 5643 1085 Frank Chandler 200 Adriatic Parkway, Suite 102 McKinney, Texas 75072
Via First Class Mail Via CMRRR # 7021 03500000 5483 2620 Jeffi:ey E. Bode Registered Agent for Mid America Mortgage, Inc. 15301 Spectrum Drive, Suite 405 Addison, TX 75001
Via First Class Mail Via CMRRR # 7021 0350 0000 5483 2637 Jeffrey E. Bode Trustee of Mid America Mortgage, Inc. 15301 Spectrum Drive, Suite 405 Addison, TX 75001
Re: Notice offoreclosure sale on October 5, 2021, by Eric F. Dankesreiter, Substitute Trustee of property described in the deed oftrnst dated April 14,2016, executed by Ralph Rather and recorded uuder Clerk's file number 2016-00004735 of the Real Property Records of Henderson County, Texas, securing the obligations therein described (the "Indebtedness") originally payable to Teresa Rather.
Dear Mr. Rather:
As you are aware, this firm has been retained by Teresa Rather, the current oVvner and holder of the promissory note (the "Noteholder"), in connection with the Indebtedness owed to the Noteholder on the promissory note referenced above (the "Note"). I have been appointed the Substitute Trustee to conduct the foreclosure sale ofthe property encumbered by the corresponding deed oftrust.
You were notified in my letter ofJuly 26, 2021, that default had occurred in the payment of the Note and that the Noteholder would accelerate the maturity of the note ifyou did not cure your delinquency by August 16, 2021. According to the records of the Noteholder, you have not cured
the defaults. Therefore, Noteholder, by this letter, accelerated the maturity ofthe Note (including all unpaid principal of, and all lawful accrued and unpaid interest under the Note) and declares the entire amount immediately due and payable.
Noteholder makes demand on all persons or entities obligated on the Note for immediate payment ofall unpaid principal and accrued interest at this time. The Note will continue to accrue interest at the rate set forth in the Note until paid. Additionally, the Note and the deed of trust securing the Note provide for reimbursement of reasonable attorney's fees incurred by the Noteholder and beneficiary of these instruments in the collection of the Indebtedness.
You may contact me at 30 10 Broadmoor Lane, Flower Mound, Texas 75022, (972) 691-3677 to obtain a complete statement of the balance owed to the Noteholder and to arrange payment ofthe Indebtedness. Demand is hereby made that you pay the Noteholder all amounts now owed that are secured by the deed of trust.
I am enclosing a copy ofthe Notice ofForeclosure Sale, which is being posted on the public notice board of the Henderson County Courthouse and in accordance with the provisions ofthe deed of trust. You are informed that the public auction of the property described in the Notice of Foreclosure Sale is scheduled for Tuesday, October 5, 2021, between the hours of 10:00 a.m. and 4:00 p.m. at the Henderson County Courthouse. The sale will begin no earlier than 10:00 a.m. or no later than three hours thereafter. The sale will be held at the location described in the Notice of Foreclosure Sale.
You will be able to prevent this foreclosure by paying the Noteholder before the foreclosure sale the total amount now owed that is secured by the referenced deed of trust, plus the additional interest that accrues to the date of payment and all attorney's fees incurred by the Noteholder in collecting this Indebtedness. Payment must be made in cash or by cashier's check received by Noteholder or by me before conducting the foreclosure sale. Partial payments will be applied on the Indebtedness but will not prevent the foreclosure sale. Ifyou mail payment and it is received after the sale, it will have been sent too late.
To the extent permitted under the terms of the note and applicable law, the obligors and guarantors on the note will be liable for any deficiency remaining after application of the net foreclosure sale proceeds to the Indebtedness. Each person and entity obligated to repay the Indebtedness will be jointly and severally liable for the deficiency.
•
You are notified that the undersigned is attempting to collect this debt and any information obtained from you will be used for such purpose.
Ifyou have any questions, please contact me.
Sincerely yours,
&-'~iDL~ cc: Teresa Rather, Frank Chandler, Mid America Mortgage, Inc.
OCTOBER.pdf
TS No.: 2021-00289-TX lOZI AUG I 2 II: 00I 21...(l00 142-673
• .. I ' ,11 cau H CL INotice of [Substitute] Trustee Sale HD ::lEP.SO . co~ TV. TEXt 3
Assert and protect your rights as a member of the armed forces ofthe United States. !fyou 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 componenj of the armed forces of the United States, please send written notice of the active duty military service to tbe sender of this notice immediately.
1. Date, Time and Place of Sale.
Dllte: 1010512021
Time: The sale will begin at 10:00 AM or not later than three hours after that time
Place: Henderson County, Texas at the following location: THE SOUTH ENTRANCE PORCH OF THE HENDERSON COUNTY COURT HOUSE OR AS DESIGNATED BY THE COUNTY COMMISSIONER'S OFFICE PURSUANT TO SECTION 51.002 OF THE TEXAS PROPERTY CODE AS THE PLACE WHERE FORECLOSURE SALES ARE TO TAKE PLACE OR AS DESIGNATED BY THE COUNTY COMMISSIONERS
Property Address: 112 JOE PRINCE DR, ATHENS, TX 75751
2. Terms of Sale: The sale will be conducted as a publ'ic auction to the highest bidder for cash. Pursuant to the deed of trust, the mortgagee has the right to direct the Trustee to sell the property in one or more parcels and/or to sell aU or only part of the property. Pursuant to section 51.009 of the Texas Property Code, the property will be sold in AS IS, WHERE IS condition, without any express or implied warranties, except as to the warranties of title, if any, provided for under the deed of trust. Any conveyance of the property is subject to all matters of record affecting the property.
3. Instrument to be Foreclosed: The instrument to be foreclosed is the Deed of Trust or Contract Lien dated 0711812005 and recorded 07119/2005 in Book 2556 Page 344 Document 0012933, real property records of Henderson County, Texas, with RICHARD E. WEATHERBY AND JENNIFER W. WEATHERBY, HUSBAND AND WIFE grantor(s) and OPTION ONE MORTGAGE CORPORATION, A CALIFORNIA CORPORATION as Lender, HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR SG MORTGAGE SECURITIES TRUST 2005-0PT1, ASSET BACKED CERTIFICATES, SERIES 2005-0PTI as Beneficiary.
4. Appointment of Substitute Trustee: In accordance with Texas Property Code Sec. 51.0076, the undersigned authorized agent for the mortgage servicer has named and appointed, and by these presents does name and appoint AVT Title Services, LLC, located at 5177 Richmond Avenue Suite 1230, Houston, TX 77056, Substitute Trustee to act under and by virtue of said Deed of Trust
5. Obligation Secured: Deed of Trust or Contract Lien executed by RICHARD E. WEATHERBY AND JENNIFER W. WEATHERBY, HUSBAND AND WIFE, securing the payment of the indebtedness in the original principal amount of $62,000.00, and obligations therein described including but not limited to the promissory note; and all modifications, renewals and extensions of the promissory note. HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR SG MORTGAGE SECURITIES TRUST 200S-0PT!, ASSET BACKED CERTIFICATES, SERIES 200S-0PTl is the current mortgagee of the note and deed of trust or contract lien.
Notice of [Substitute] Trustee Sale
6. Default: A default has occurred in the payment of indebtedness, and the same is now wholly due, and the owner and holder has requested to sell said property to satisfy said indebtedness.
7. Property to be sold: The property to be sold is described as follows:
ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND SITUATED IN THE THOMAS PARMER SURVEY, A-782, HENDERSON COUNTY, TEXAS, AND BEING DESCRIBED AS LOT NO.4, BLOCK NO.2, W1LWOOD ADDITION, ACCORDING TO THE PLAT RECORDED IN VOLUME 1, PAGE 169, NOW KNOWN AS CABINET B, SLIDE 25, PLAT RECORDS OF HENDERSON COUNTY, TEXAS.
8. Mortgage Servicer Information: The Mortgage Servicer is authorized to represent the Mortgagee by virtue of a servicing agreement with the Mortgagee. Pursuant to the Servicing Agreement and Texas Property Code § 51.0025, the Mortgage Servicer is authorized to collect the debt and to administer any resulting foreclosure of the lien securing the property referenced above. PHH Mortgage Corporation, as Mortgage Servicer, is representing the current mortgagee, whose address is:
C/O PHH Mortgage Corporation
Phone: 877~744-2506
Notice of [Substitute] Trustee Sale
9. Limitation of Damages: If the sale is set aside for any reason., the Purchaser at the sale shall be entitled only to a return of the funds paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, or the Mortgagee's attorney.
THIS INSTRUMENT APPOINTS THE SUBSTITUTE TRUSTEE(S) IDENTIFIED TO SELL THE PROPERTY DESCRIBED IN THE SECURITY INSTRUMENT IDENTIFIED IN THIS NOTICE OF SALE. THE PERSON SIGNING THIS NOTICE IS THE A'ITORNEY OR AUTHORIZED AGENT OF THE MORTGAGEE OR MORTGAGE SERVICER.
Date: August 11, 2021
Stephanie Spurlock, Camisha Scott, Iman Walcott, Tanesha Humphrey, Claire Buxton, Glenda Hamilton - Attorney or Authorized Agent of The Mortgagee or Mortgage Servicer
ClO Power Default Services, Inc. Northpark Town Center 1000 Abernathy Rd NE; Bldg 400, Suite 200 Atlanta, GA 30328 Telephone: 855-427-2204 Fax: 866~960-8298
POWER DEFAULT SERVICES, INC. MAY BE ACTING AS A DEBT COLLECTOR ATfEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE.
Certificnte of Posting I am whose address is do AVT Title Services, LLC, 5177 Riclunond AVaJue, Suite 1230, Houston, rx 77056. rdeclllI'C under penalty of perjury that on I filed this Notice of Foreclosure Sale at the office of the HenderS<JD County Clerk and C81Jsed it to be PQstui at the location directcl by the Henderson County Commissioners Court.
I Y. TE XI\S
Notice of Foreclosure Sale FILE D FOr RCCOiW
ZOll SEP 14 M1 8: 08 Recorded Document: Deed of Trust
Dated: May 28,2010
Trustee: Dale H. Henley
Substitute Trustee: Mark J. Calabria
Recorded in: Real property records of the County Clerk's Office of Henderson County, Texas
Legal Description: Being Lot 8 and 9, Block G, Cedar Knolls Subdivision, First Installment, accord,ing to the plat recorded in Cabinet C, Slide 95 and Volume 7, Page 14 of the Plat Records of Henderson County, Texas.
Secures: Promissory Note ("Note") in the original principal amount of $37,000.00, executed by Alan R. Amoroso and Deborah Cathy Amoroso (" Borrower") and payable to the order of Lender
Foreclosure Sale: Non Judicial
Date: Tuesday, October 5, 2021
Time: 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 not later than three hours thereafter.
Place: Henderson County Courthouse, 100 E Tyler St # 1 01, Athens, TX 75751
Terms of Sale: The Foreclosure Sale will be conducted as a public auction and the Property wi 1\ be sold to the highest bidder for cash, except that Billie Markham and Stephanie Markham'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, Billie Markham and Stephanie
Markham, the owner and holder of the Note, has requested Substitute Trustee to sell the Property.
The Deed of Trust may encumber both real and personal property. Formal notice is hereby given of Billie Markham and Stephanie Markham's election to proceed against and sell both the real property and any personal property described in the Deed of Trust in accordance with Billie Markham and Stephanie Markham'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 Billie Markham and Stephanie Markham 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 tide 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 Billie Markham and Stephanie Markham. 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 expressed 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 51.0075(a) of the Texas Property Code, Substitute Trustee reserves 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 Trustee.
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 noHce immediately.
THIS INSTRUMENT APPOINTS THE SUBSTITUTE TRUSTEE(S) IDENTIFIED TO SELL THE PROPERTY DESCRIBED IN THE SECURITY INSTRUMENT IDENTIFIED IN THIS NOTICE OF SALE. THE PERSON SIGNING THIS NOTICE IS THE ATTORNEY OR AUTHORIZED AGENT OF THE MORTGAGEE OR
MORTGAGE SERVICER.
..
A Debtor who is erving n active d uty in III mili tary ll a ) hav special rights or relief related to thi notice under federal law, including the Servicemembel's ' iviI R lie A l CO U.S. . app. Section - 1, Cl.
seq.) and ate law, including . ection 51 .0 I - of the Tex s Property od . ASSE RT AND PROT ECT YOUR RIGHT AS A MEM BER OF T HE ARM El) Ii' R EO THE U ITED STATE. IF YOU ARE OR YOUR PO E IS ERVI G ON IVE M ILITARY DUTY, INCLUDING ACTIV E M ILITARY DUTY A A MEMBER OF liE ' x NATIO'lAL G RD OR TH E I 'ATIONAL GUARD OF A I OTH . R TAT OR A A MEM BER OF A RESE RVE COMP NEN OF T HE ARM ED FORCE O F' Til 1T. r> TATE . PL ASE NO WRITTEN NOTICE or TH E ACTIV DUTY M I IT R ERVICE TO THE ENDER OF THIS NOTICE IMMEJ)lATELY.
NOTICE OFTR SALE
STATE OF TEXA § ;..co NTY Of UENOERSO § ~ en :00 ,."
Part} Idcntilication and Defined erms. The lIowing descr iption below shall also constitute defil :' -term --;:;J
which me be II ed through ut this inStTl lment. dditi nll l U:m'1 1l1 <.l be deli ned below. 0,.., r:::r Z:
Date: ptember 3, _ 2 1 - r' .J'
~;....
PROMISSORY NOTE; ~ !,
Date: Ma 17. 20 18 Maker: rcations LLC Payee: Original Principal Amount:
DEED OF TR ST : Date: Ma. 17. _018 Gra ntor: LVI HU IZ R and VINCE ANDLIN T rustee: PL Beneficiary: Recording Information:
LENDER AND C RRENT OWNER Ilapp late B Ink A D HOLDER OF NOTE A ND DEED OF T RUST :
r ali ns LL BORROWER:
ana h >d hereto and incorporated by PROPERTY:
The Real Prop' rt) r i add re s is commonly known a 454 1 Wood ridg 0 1 W. handl r. 75758.
TRUST EE: PLA er ices. In .. ac ti ng by and throufl h Jeff arruth and/or or ' Hal l iburton. li th ri zeJ agen and/or attorneys in fact.
:"'OTIn: OF TfH 1 TEE 'S SALE - Page I
c
DATE AND T IME OF TRUSTEE' S Ttl ESDA Y, OCTOBER 5, 2021 being the first Tuesday of SAL E OF PROPERTY: the Mon th, to c mmcn ce at 10:00 a.m. or within three (3)
hour thcreaft r.
LOCATION OF TRUSTEE'S SALE He nders n limy ourthoLls e in Athens. Texa, at the OF PROPERTY: foI l wing I L: ali n t the So uth ' ntran e Porch of Ih e
Hen erson unty urth us located t 100 E. Tier. At hens. Hender;on oLlnt . . Texas 75751 , or, if the preceding ell a i n lon!!.c r rhe de ignated rea. at the area most recently designated b the Hender n County ommiss ioner's ourt pur 'u8m t Sect ion " .00_ f the Texas Property ode a the place where fO rt~clo ure. ai ' are to take place. or if no place is de ignated by the mm iss ioner' ' ourt. the ale will be c ndllcte at th l.! pl (l L'e where the Notice r ~ o rc::cloSLIre ale \Va" p ted.
De fault ha occurred in the payment of the Pr mis ory t") and in the perfonnan e of the ob ligations of the eed of Trust, which eCLIres pay ment r the Promi. 50ry Nore(s). Because o f SlI h default. Lende r. a the owner f the Promis I . Note(s ). and as the urr lit holder r the Promis my otel ) and of the Deed fTrust, has reque·ted that the Trustet: or an J ul appointed ubsti tllte Trustee to _ell the Propt: rry ill ac rdance with the term f the Deed of Trusl and appl abl In", .
Therefore, notice is given that on the Date nel Tim of ru tc::e's Ie l r Prop rty and at the Plact:: llf
Trustee'. Sale of Property. the Trustee or an dul app illted successor ubstitute Trustee as Lender may subsequently appoint, \ ill se ll the ProperlY b publi a ll: LO til highest bidder for cash. in accordance with the Deed on-rust and applicable lav. The ale and nveyan e f the Property will be su bject to all m att rS of record appl icabl e to th~ Property which it sup ri or (0 the Deed of Trust. Thl: Tru. tee andlor Substitute Trustee has not made and will not make any covenants, warranties. or representations concerning the Prop rty other than providin , the sucee fil l bidda at the ale '."ith a deed t the Propert containing an warranties of title required b. the De do ' rust. Th · Property "hall be "old "A I \I H - RE IS" . and WIT H AL L FAULTS.
Dar d: eptember 3, 2 _1 P ER I E. I T . TRU T£'
~~ LIth Iriz d g nt and/or AHorney In Fact
TH TAT OF EXAS §
o T Y OF DALLAS ~
3. 2021 , b_J hi. document was ack no\ ledged ..J t.-t+ G,.((J +'"
/~;"'*:'~':~~~t;-... WRAY DOUGLAS.BROWN III 1l-~~~~~'::;;f.~~~:;;~~J!:./~r=== 1·( ~.~ My Notary 10 # 11178511 ....... .., .. \~f.~·o..·,~~··.... kxpires July 12, 2025.........
' OT1(: E OF TRl'STE E', SM. E - Pa:.:c 2
Tract III :
All that certain lot, tract, 0 parcel of lang, being .9608 DC es of llind more or less lo.cilted n the Miguel Cortinas l eague, Abstract No. 5, Henderson County. Te)( s, such and be ng more fuDy described as fo llov..s.
All thfit certain lot, tracl 0 parcel of land l0C8ted In the Mi uel Cortinas League, Abstract No.6, Henderson CQunt'J. Texas and being pert of that certom c lied 69 acre tract described In It deed recorded In Volume 263 . Page 301 of the Deed Re cords of Hendar on County T xas. and baing more completely descnbed as follo ,'/s , to-wit,
Beginning t iii 1 i 2~ Iron Rod set for corner "hich b r Nfl;n 88 deg 40 min. 29 sec. Eas~ 719.47 feel then South 12 deg. 09 mrn 06 s.ec. E sl , 469.07 feel from 1f2" Iron Rod found at the North -st comer of sald 69 acre ct,
The ce South 12 deg. 09 min. 6 ee East a dislance of 200,0 feel to a 1/2" Iron Rod set for corner on th@ North ine of a 50 foOl '1,ide roadway:
Thence SOlJth 79 de , 04 mrn 54 sec . West Hilh ld North line of a roadway a distance of 192. 19 feel t 8 t 2ft Iron Rod set for corner at the intersectIon o ' said Ii Ih the East line of another 50 foot fide road\vay;
Thence In a North 'esteJly direction ',':ith said roadWay as Ilows, North 23 deg . .. 7 m n. 07 SEtc . West 169 .05 eet , Ulen NOlth 13 deg. 55 min. 01 sec. West. 29.87 fael to a 1/2" Iron Rod set for comer:
Thence North ?7 deg S9 min. 16 sec... East I!I distance of 6.35 'Ht to th e P ace of B inning containing 0.960B acres of land .
'OT ICE 01· TIHIS nT'. SA LE - Pal!c J 201 8(>27 .0 ex
NOTICE OF FORECLOSURE SALE
ASSERT AND PROTECfYOUR RIGHTS AS A MEMBER OFTHE ARMED FORCES OFTHE UNITED STATES. IFYOU ARE OR YOUR SPOUSE IS SERVING ON ACTJVE MILITARY DUTY, INCLUDING ACTIVE MILITARY DUTY AS A MEMBER OF THE TEXAS NATIONAL GUARD OR THE NATIONAL GUARD OR ANOTHER STATE OR AS A MEMBER OF A RESERVE COMPONENT OF THE ARMED FORCES OF THE UNITED STATES, PLEASE SEND WRlTfEN NOTICE OF THE ACfJVE DUTY MILITARY SERVlCE TO THE SENDER OF THIS NOTICE IMMEDIATELY.
1. Prop~rty to BI!! Sold. The property to be sold is described as foUows: BEING ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND, BEING 0.72 ACRES, MORE OR LESS. SITUATED IN THE VlCfOR PANNELL SURVEY, A-642, HENDERSON COUNTY, TEXAS, AND BEING PART OF THE 30 ACRE TRACT DESCRIBED IN DEED FROM HENRY BRUNER TO UEL BRUNER DATED SEPTEMBER 17, I %2, RECORDED IN VOLUME 525, PAGE 158, DEED RECORDS OF HENDERSON COUNTY, TEXAS AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN CENTER LINE OF COUNTY ROAD ON SOUTH LINE OF AFORESAID 30 ACRE TRACT AND BEING 960 FEET EAST OF THE SOUTHWEST CORNER TI-lEREOF, AN IRON STAKE BEARS 20 FEET NORTH IN NORTH LINE OF SAID COUNTY ROAD; THENCE NORTH 314 FEET TO AN IRON STAKE FOR CORNER; THENCE EAST 100 FEET TO AN IRON STAKE SETON WEST LINE OF A PRIVATE ROAD; THENCE SOUTH 314 FEETWITIf WESTLINE OF SAID PRTVATE ROAD TO THE CENTER LINE OF A COUNTY ROAD, AN IRON STAKE BEARS 20 FEET NORTH; THENCE WEST 100 FEET TO THE PLACE OF BEGINNING AND CONTAINING 0.72 ACRES OF LAND OF WHICH 0.05 ACRES IS WllliIN TI-lE COUNTY ROAD.
2. Instrumen//o be For~cJost'd. The instrument to be foreclosed is the Deed of Trust dated 03/2812006 and recorded in Book 2647 Page 705 real property records of Henderson Counly, Texas.
3. Datt', nmt!, QJfd PIIlCl!! ofSalt'. The sale is scheduled to be held at the following date, time, and place:
Date: 10/05/2021
Time: 10:00 AM
Place: Henderson County, Texas at the following location: THE SOUTH ENTRANCE PORCH OF THE HENDERSON COUNTY COURT HOUSE OR AS DEsrGNATED BY THE COUNTY COMMISSIONER·S OFFICE or as designated by the County Commissioners Court.
4. rums ofSalt'. The sale will be conducted as a public auction to the highest bidder for cash. Pursuant to the deed of trust. the mortgagee has the right to direct the Trustee to sell the property in one or more parcels and/or to sell all or only part of the property. Pursuant to section 51.009 of the Texas Property Code, the property will be sold in AS IS, WHERE IS condition, without any express or implied warranties, except as to the warranties of title, if any, provided for under the deed of trust.
5. Obligations St'curt'd. The Deed ofTrust executed by HAROLD DUANE PENNY AND JUDY PENNY, provides that it secures the payment of the indebtedness in the original principal amount of S91 ,553.00, and obligations therein described including but not limited to (a) the promissory nOle; and (b) all renewals and extensions of the note. U.S. Bank National Association, not in its individual capacity but solely as trustee for the RMAC Trust., Series 2018 G-CTr is the current mortgagee of the note and deed of trust and RUSHMORE LOAN MANAGEMENT SERVICES, LLC is mortgage servicer. A servicing agreement between the mortgagee, whose address is U.S. Bank National Association, not in its individual capacity but solely as trustee for the RMAC Trust., Series 2018 G-CTf do RUSHMORE LOAN MANAGEMENT SERVICES, LLC, 15480 Laguna Cyn Road, Suite 100, IRVINE, CA 92618 and the mortgage servicer and Texas Property Code § 51.0025 authorizes the mortgage servicer to collect the debt .
6. Substitute rrustet'(s) ApjHJinted to CondJIct Sale. In accordance with Texas Property Code Sec. 51 .0076, the undersigned attorney for the mortgage servicer has named and appointed, and by these presents does name and appoint A VT Title Services, LLC, located at 5177 Richmond Avenue Suite 1230, Houston, TX 77056, Substitute Trustee to act under and by virtue of said Deed of Trust.
THIS INSTRUMENT APPOINTS THE SUBSTITUTE TRUSTEE(S) IDENTIFIED TO SELL THE PROPERTY DESCRIBED IN THE SECURITY INSTRUMENT IDENTIFIED IN THIS NOTICE OF SALE. THE PERSON SIGNING THIS NOTICE IS THE ATTORNEY OR AUTHORIZED AGENT OF THE MORTGAGEE OR MORTGAGE SERVlCER.
~- Mackie Wolf Zientz & Mann, P.e.
~ ..., <=> -, . ,Brandon Wolf, Attorney at Law rr1 , r-.>:z r/1... Keller Mackie, Attorney al Law 0 (T1 (/") rr,
Michael Zientz, Attorney at Law ..0 rr1 D(J")r -0Lori Liane Long, Attorney al Law 0_ , -"7l_A
c::::~-1Chelsea Schneider, Attorney at Law , . \.Dc:>- ::;J Ester Gonzales, Attorney at Law -=~
:::;::.. .....J -'I' -~ ~ '-.Parkway Office Center, Suite 900
~
Dallas, TX 75254 rT1 C) cx :::0
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~:;;~-n z )/"' ~ J. o ;:r' :%:I" r'"T1Notice of Foreclosure Sale ~("')-< c: d g§"': G'" -ri Z:;1';:', W c:;1. Property 10 Be Sold. The property to be sold is described as follows: n~' - N '::::J<::> . c: f"')' -0 :::0
All that certain lot, tract, or parcel ofland situated in the :;;L :::>:. [T\
:...:;r:;;,,: .r:::- G r'Y1c-i"
C.W. Jackson Survey Abstract 398, Henderson County, Texas, being all oft:l1e :sme:5actS described by,deed recorded in Volume 1170, Page 294, ofthe Deed Records tlfHenderson . County, Texas, the same tract also known as part ofLots 10 and II ofLake front Shores, an unrecorded subdivision on Lake Athens. Said tract or parcel of land being more fully described by metes and bounds as follows:
BEGINNING on a found 112" iron rod for the southwest comer ofthe above mentioned tract and this tract located on the 448 foot elevation of Lake Athens;
THENCE with said elevation N 03° 39' 47" W 50.10 feet and N 24° 26' 51" W 184.97 feet to the northwest comer of this tract; Witness: WEST 6.77 feet, a fuund 112" iron rod;
THENCE with the line ofdirectional control (based on record bearing) EAST 469.73 feet to a found 112" iron rod for the northeast corner of this tract located on the west line ofthe 50 foot road;
THENCE with said west line SOoo 16' 53" W 40.00 feet and S 10° 08' 11" W 174.22 feet to a found 3/8" iron rod for the southeast corner of this tract;
THENCE with the south line ofthis tract S 86° 21' 13" W 178.80 feet and N 88° 31' 01" W 173.97 feet to the place ofbeginning and containing 2.021 acres of land.
2. Instrument to be Foreclosed. The instrument to be foreclosed is the deed oftrust recorded in Instrument Number 2016-00004735 of the real property records ofHenderson County, Texas.
3. Date. Time, and Place olSale. The sale is scheduled to be held at the following date, time, and place:
Date: October 5, 2021
Time: Between the hours of 10:00 a.m. and 4:00 p.m. and to begin no earlier than 10:00 a.m. or no later than three hours thereafter.
Place: Henderson County Courthouse in Henderson, Texas, at the following location: On the porch to the south entrance of the Henderson County Courthouse, or ifthe preceding area is no longer the designated area, at the most recently designated by the County Commissioner's Court pursuant to section 51.002 ofthe Texas Property Code.
4. Terms o/Sale. The sale will be conducted as a public auction to the highest bidder for cash, subject to the provisions ofthe deed of trust pennitting the beneficiary thereunder to have the bid credited to the note up to the amount of the unpaid debt secured by the deed of trust at the time ofsale.
Those desiring to purchase the property will need to demonstrate their ability to pay cash on the day the property is sold.
The 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 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 oftrust. The sale shall not cover any part ofthe property that has been released ofpublic record from the lien ofthe deed oftrust. Prospective bidders are strongly urged to examine the applicable property records to detennine the nature and extent ofsuch matters, if any.
Pursuan t to section 51.009 of the Texas Property Code, the property will be sold in "as is, where is" condition. Trustee makes no representation or warranty of any kind whether express, implied, statutory, quasi-statutory, or otherwise. Any warranty ormerchantability or fitness for a partieular purpose is expressly diselaimed. Trustee makes no representation or warranties with respect to the compliance with the laws, rules, agreements, specifications, condition, quality, capacity, design, operation, absence of any latent defects or any other warranty or representation whatsoever with respect to the property, all ofwhich is expressly waived by the purchaser. Prospective bidders are advised to conduct an independent investigation of the nature and physical condition of the property.
Pursuant to section 51.0075 ofthe Texas Property Code, the trustee reserves the right to set further reasonable conditions for conducting the sale. Any such further conditions shall be announced before bidding is opened for the first sale ofthe day hel.d by the trustee or any substitute trustee.
5. Type o/Sale. The sale is a nonjudicial deed-of-trust lien and security interest foreclosure sale being conducted pursuant to the power ofsale granted by the deed of trust and security agreement executed by Ralph Rather and Teresa Rather.
6. Obligations Secured. The deed of trust provides that it secures the payment of the indebtednesses and obligations therein described (collectively, the "Obligations") including but not limited to (a) the promissory note in the original principal amount ofS 575,000.00, executed by Ralph Rather, and payable to the order of Teresa Rather.
Questions concerning the sale may be directed to the undersigned.
7. Default and Request to Act. Default has occurred under the deed oftrust, and the beneficiary has requested trustee, Eric F. Dankesreiter, to conduct this sale. Notice is given that before the sale the beneficiary may appoint another person substitute trustee to conduct the sale.
Flower Mound, Texas 75022 Telephone (972) 691-3677 Facsimile (972) 691-5688
The attached letter served to give notice to Ralph Rather and other creditors whose liens affect the property ofthe nonjudicial foreclosure sale ofproperty pursuant to the deed oftrust dated April 14, 2016, filed for record in the real property records ofHenderson County, Texas, as required under the Texas Property Code.
STATE OF TEXAS }
COUNTY OF DENTON
Sworn and subscribed to before me by Eric F. Dankesreiter who personally appeared before me this 1st date of September, 2021, and who acknowledged that he signed the instrument freely and voluntarily.,......-------r:
STEPHANIE REDOING Notary 10 ~1l5391290
My Commission Expires December 13, 2023
Eric F. 30 I 0 Broadmoor Lane
Notary Ublic
September 1,2021
Via CMRRR # 7020 2450 0000 5643 1078 Ralph Rather 2549 Lakefront Shores Road Athens, Texas 75752
Via First Class Mail Via CMRRR # 7020 2450 0000 5643 1085 Frank Chandler 200 Adriatic Parkway, Suite 102 McKinney, Texas 75072
Via First Class Mail Via CMRRR # 7021 03500000 5483 2620 Jeffi:ey E. Bode Registered Agent for Mid America Mortgage, Inc. 15301 Spectrum Drive, Suite 405 Addison, TX 75001
Via First Class Mail Via CMRRR # 7021 0350 0000 5483 2637 Jeffrey E. Bode Trustee of Mid America Mortgage, Inc. 15301 Spectrum Drive, Suite 405 Addison, TX 75001
Re: Notice offoreclosure sale on October 5, 2021, by Eric F. Dankesreiter, Substitute Trustee of property described in the deed oftrnst dated April 14,2016, executed by Ralph Rather and recorded uuder Clerk's file number 2016-00004735 of the Real Property Records of Henderson County, Texas, securing the obligations therein described (the "Indebtedness") originally payable to Teresa Rather.
Dear Mr. Rather:
As you are aware, this firm has been retained by Teresa Rather, the current oVvner and holder of the promissory note (the "Noteholder"), in connection with the Indebtedness owed to the Noteholder on the promissory note referenced above (the "Note"). I have been appointed the Substitute Trustee to conduct the foreclosure sale ofthe property encumbered by the corresponding deed oftrust.
You were notified in my letter ofJuly 26, 2021, that default had occurred in the payment of the Note and that the Noteholder would accelerate the maturity of the note ifyou did not cure your delinquency by August 16, 2021. According to the records of the Noteholder, you have not cured
the defaults. Therefore, Noteholder, by this letter, accelerated the maturity ofthe Note (including all unpaid principal of, and all lawful accrued and unpaid interest under the Note) and declares the entire amount immediately due and payable.
Noteholder makes demand on all persons or entities obligated on the Note for immediate payment ofall unpaid principal and accrued interest at this time. The Note will continue to accrue interest at the rate set forth in the Note until paid. Additionally, the Note and the deed of trust securing the Note provide for reimbursement of reasonable attorney's fees incurred by the Noteholder and beneficiary of these instruments in the collection of the Indebtedness.
You may contact me at 30 10 Broadmoor Lane, Flower Mound, Texas 75022, (972) 691-3677 to obtain a complete statement of the balance owed to the Noteholder and to arrange payment ofthe Indebtedness. Demand is hereby made that you pay the Noteholder all amounts now owed that are secured by the deed of trust.
I am enclosing a copy ofthe Notice ofForeclosure Sale, which is being posted on the public notice board of the Henderson County Courthouse and in accordance with the provisions ofthe deed of trust. You are informed that the public auction of the property described in the Notice of Foreclosure Sale is scheduled for Tuesday, October 5, 2021, between the hours of 10:00 a.m. and 4:00 p.m. at the Henderson County Courthouse. The sale will begin no earlier than 10:00 a.m. or no later than three hours thereafter. The sale will be held at the location described in the Notice of Foreclosure Sale.
You will be able to prevent this foreclosure by paying the Noteholder before the foreclosure sale the total amount now owed that is secured by the referenced deed of trust, plus the additional interest that accrues to the date of payment and all attorney's fees incurred by the Noteholder in collecting this Indebtedness. Payment must be made in cash or by cashier's check received by Noteholder or by me before conducting the foreclosure sale. Partial payments will be applied on the Indebtedness but will not prevent the foreclosure sale. Ifyou mail payment and it is received after the sale, it will have been sent too late.
To the extent permitted under the terms of the note and applicable law, the obligors and guarantors on the note will be liable for any deficiency remaining after application of the net foreclosure sale proceeds to the Indebtedness. Each person and entity obligated to repay the Indebtedness will be jointly and severally liable for the deficiency.
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You are notified that the undersigned is attempting to collect this debt and any information obtained from you will be used for such purpose.
Ifyou have any questions, please contact me.
Sincerely yours,
&-'~iDL~ cc: Teresa Rather, Frank Chandler, Mid America Mortgage, Inc.
OCTOBER.pdf