FILED FOI~ fZECOf{O
1II J . I 5 P I 2: 5 I NOTICE OF SUBSTITUTE TRUSTEE'S SALE \ _. r I i
':' { • f'l;:I;lS),NS1RUMENT APPOINTS THE SUBSTITUTE TRUSTEE(S) IDENTIFIED TO SELL HE.m ...01. TIlE1p'db¥ERTY DESCRIBED IN THE SECURITY INSTRUMENT IDENTIFIED IN TIllS
NOTICE. THE PERSON SIGNING THIS NOTICE IS THE ATTORNEY OR AUTHORIZED AGENT OF THE MORTGAGEE OR MORTGAGE SERVICER.
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 on 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 military service to the sender of this notice immediately.
ST A TE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, by Deed ofTrust dated January 9, 2018, Ronald Louis Adams aJkJa Ronald L.
Adams and Lisa Diane Adams a/kJa Lisa D. Adams conveyed to Tim Williams, as Trustee, the
property situated in Henderson County, Texas, to wit:
Property: Lots Three Hundred Sixty Seven (367), Three Hundred Sixty Eight (368), Four Hundred Eleven (411) and Four Hundred Twelve (412), of BRIERWOOD BAY, Revised, an addition in Henderson County, Texas, according to the map or plat thereof recorded in Volume 7, Page 70, and Cabinet C, Slide 132, and Revised Plat in Volume 8, Page 4, and Cabinet C, Slide 155 of the Plat Records of Henderson County, Texas, as well as an Oak Creek Homes "Meridian Compass 3210" manufactured home, Serial Numbers OCO 11829932A and OCO I 1829932B; HUD Label/Seal Numbers NTA 1776813 and NTA 1776814, together with all furnishings, equipment, appliances, and accessories included at the time of purchase.
To secure that certain Note executed by Ronald Louis Adams a/k/a Ronald L. Adams and
Lisa Diane Adams aJk/a Lisa D. Adams and made payable to 21 SI Mortgage Corporation (hereinafter
the "Note"), which such Deed of Trust filed and recorded on January 10, 2018 under
Instrument/Document Number: 2018-00000451 in the Official Records ofHenderson County, Texas
(hereinafter "Deed of Trust"); and
NOTICE OF SUBSTITUTE TRUSTEE'S SALE - PAGE I 21 STMORnPLDGS\30 12.NOTSUB(HENDERSON.07.0621 )\ALD
WHEREAS, the undersigned is the Substitute Trustee as appointed in the aforesaid Deed of
Trust by a substitution, said appointment being in the manner authorized by the Deed ofTrust; and
WHEREAS, default has occurred under the terms ofthe Note secured by the Deed ofTrust,
and the indebtedness evidenced therein is now wholly due, the owner and holder of said
indebtedness has requested the undersigned Substitute Trustee to sell the Property to satisfy same.
NOW, THEREFORE, notice is hereby given that on Tuesday, the 6th day ofJuly, 2021, the
Property will be sold at auction at the earliest of I:00 p.m. or no later than three (3) hours after that
time at the south entrance porch of the Henderson County Courthouse, 100 E. Tyler Street, Athens,
Henderson County, Texas, or as designated by the County Commissioners, to the highest bidder for
cash. The Trustee's sale will occur between the earliest time to begin the sale as specified above,
and 4:00 p.m.
Witness my hand this the 14th day of June, 2021.
GRANTEE'S MAILING ADDRESS: 21 st Mortgage Corporation 620 Market Street One Centre Square Knoxville, Tennessee 37902
NOTICE OF SUBSTITUTE TRUSTEE'S SALE· PAGE 2 2JSTMORTIPLDGSI30J2.NOTSUB(HENDERSON070621)IALD
Shawn K. Brady, Amanda Davis, Kyl ie Hancock, Sonya Wade, Mark Moreland, and/or Diana Moreland, any to act, Substitute Trustee
..
FILED FO RE COR D NOTICE OF SUBSTITUTE TRUSTEE'S SALE
l II U I 5 A 10: 58 Assert and protect your rights as a member of tbe armed forces of tbe United
M I' . ~ ., ~ _,1 1 ••• • • •• cr U, 1 r l. LSt,.tes. If you are or your spouse IS servmg on active milItary duty, mcludmg
1l(I\OER:m C L: H~~tlf~ '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 ofthe United States, please send written notice oftbe active duty mi'litary service to the sender of this notice immediately.
Pursuant to authority conferred upon the Trustee by that certain Deed ofTrust given by Aaron Castillo and wife Erika Najera dated August 5, 2010, and duly recorded in Clerk's File No. 2012­ 00015834, of the Official Records of Henderson County, Texas, I will, as Substitute Trustee under said Deed of Trust, in order to satisfy the indebtedness secured thereby and at the request of the holder ofsaid indebtedness, default having been made under the terms thereof and the entire balance being due thereon, sell on Tuesday, July 6, 2021 (that being the first Tuesday of said month), at public auction to the highest bidder for cash. Those desiring to purchase the property will need to demonstrate their ability to pay cash on the day of sale for the property being sold. The sale will be conducted at the steps on the south entrance porch of the Henderson County Courthouse in Athens, Texas (or if that area is no longer the designated area, at the area most recently designated by the Henderson County Commissioner's Court for foreclosure sales), that being within the area designated by the Commissioner's Court for such purposes, between the hours of i 0:00 o'clock A.M. and 4:00 o'clock P.M. of that day, the following described property, to-wit:
Lots 46, 47, & 48, Block A, Sportsman's Paradise Sect. 1, according to the plat recorded in Volume 9, Page 94, now known as Cabinet C, Slide 326, Plat Records of Henderson County, Texas, and the E/2 ofland described in a deed filed of record at Volume 1233 , Page 495 in the deed records of Henderson County, Texas
The sale shall commence at a time no earlier than 11 :00 o'clock A.M. or within three (3) hours thereafter.
The sale of the property will be subject however to any title exceptions and other matters set forth in the Deed of Trust or as may appear of record, to any apparent and visible easements and rights of way, and to any rights of parties in possession. The sale will not cover any property that has been released from the liens of the Deed of Trust. The sale is "AS IS" without any express or implied warranties or representations except the warranty of title given on behalf of the grantor in the above Deed of Trust.
..
Notice is given that prior to the sale the Beneficiary may appoint another person as a Substitute Trustee to conduct the sale.
EXECUTED June 15,2021.
RALPH . ALLEN SUBSTITUTE TRUSTEE 100 East Ferguson, Suite 901 Tyler, Texas 75702
..
NOTICE OF ACCELERATION AND NOTICE OF TRUSTEE'S SALE
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.
DEED OFTRUST INFORMATION:
Date: September 23,2010
Grantor(s): Claudia Flud, a single person
Original United States of America acting through the Rural Housing Service, c/o Mortgagee: Centralized Servicing Center, United States Department of Agriculture
Original Principal: $11 0,000.00
Recording 2010-00014479 Information:
Property County: Henderson
Property : All that certain lot, tract or parcel of land situated in Henderson County, Texas, a part of the L. Navarro Survey, A-578 and the L.D. Stover Survey, A-lO] 7 and being Lot 1, Block 10, Section One, of Harbor Point as shown on plat recorded in Volume 4 Page 45-46, and Cabinet A Slide 294, Plat Records of Henderson County, Texas.
Property Address: 326 Schooner Drive Gun Barrel City, TX 75156
MORTGAGE SERVICING INFORMATION: The Mortgage Servicer, if not the Current Mortgagee, is representing the Current Mortgagee pursuant to a Mortgage Servicing Agreement.
Current Mortgagee: United States Department of Agriculture, Rural Housing Service Mortgage Servicer: USDA Rural Development Mortgage Servicer 4300 Goodfellow Blvd Address: Bldg. 105F, FC 2]5
St. Louis, MO 63120
SALE INFORMATION: Date of Sale: July 6, 2021 Time of Sale: 10:00 am or within three hours thereafter. Place of Sale: The south entrance porch of the Henderson County Courthouse or, if the preceding
area is no longer the designated area, at the area most recently designated by the County Commissioner'S Court.
Substitute Randy Daniel, Cindy Daniel, Jim O'Bryant, or Cheyenne Zokaie, any to act Trustee: Substitute 5501 East LBJ Frwy, Ste. 925
WHEREAS, the above-named Grantor previously conveyed the above described property in trust to secure payment of the Note set forth in the above-described Deed of Trust; and
WHEREAS, a default under the Note and Deed of Trust was declared, such default was reported to not have been cured, and all sums secured by such Deed of Trust are declared immediately due and ,payable.
WHEREAS, the original Trustee and any previously appointed Substitute Trustee has been removed and Randy Daniel, Cindy Daniel, Jim O' Bryant, or Cheyenne Zokaie, any to act, have been appointed as Substitute Trustees and authorized by the Mortgage Servicer to enforce the power of sale granted in the Deed of Trust; and
WHEREAS, the undersigned law firm has been requested to provide these notices on behalf of the Current Mortgagee, Mortgage Servicer and Substitute Trustees;
NOW, THEREFORE, NOTICE IS HEREBY GIVEN of the foregoing matters and that:
I. The maturity of the Note is hereby accelerated, and all sums secured by the Deed of Trust are declared to be immediately due and payable .
2. Randy Daniel, Cindy Daniel, Jim 0' Bryant, or Cheyenne Zokaie, any to act, as Substitute Trustee will sell the Property to the highest bidder for cash on the date, at the place, and no earlier than the time set forth above in the Sale Information section of this notice. The sale will begin within three hours after that time.
3. This sale shall be subject to any legal imped iments to the sale of the Property to any exceptions referenced in the Deed of Trust or appearing of record to the extent the same are sti II in effect and shall not cover any property that has been released from the lien imposed by the Deed of Trust.
4. No warranties, express or implied, including but not limited to the implied warranties of merchantability and fitness for the particular purpose shall be conveyed at the sale, save and except the Grantor's warranties specifically authorized by the Grantor in the Deed of Trust. The property shall be sold "AS-IS", purchaser's will buy the property "at the purchaser's own risk" and "at his peri I" and no representation is made concerni ng the qual ity or nature of title to be acquired. Purchasers will receive whatever interest Grantor and Grantor's assigns have in the property, subject to any liens or interest of any kind that may survive the sale. Interested persons are encouraged to consult counsel of their choice prior to participating in the sale of the property.
5. 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, the Mortgagee's Attorney, or the duly appointed Substitute Trustee .
Padgett Law Group 6267 Old Water Oak Road Suite 203 Tallahassee, FL 33213 (850) 422-2520
C&M No. 44-20-1286/ FILE NOS
NOTICE OF TRUSTEE'S SALE AND APPOINTMENT OF 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 notice immediately. Sender is: Codilis & Moody, P.e., 400 North Sam Houston Parkway East, Suite 900A, Houston, Texas 77060
INSTRUMENT BEING FORECLOSED AND MORTGAGE SERVICER INFORMATION
Deed of Trust dated February 26,2005 and recorded under Vol. 2515, Page 489, or Clerk's File No. 0004443, in the real property records of HENDERSON County Texas, with Jason Baker and Angela Alexander as Grantor(s) and Ameriquest Mortgage Company as Original Mortgagee.
Deed of Trust executed by Jason Baker and Angela Alexander securing payment of the indebtedness in the original principal amount of $76,699.00 and obligation therein described including but not limited to the promissory note and all modifications, renewal and extensions of the promissory note (the "Note") executed by Jason Baker and Angela Alexander. Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-RJ is the current mortgagee (the "Mortgagee") of the Note and Deed of Trust or Contract Lien.
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 property securing the above referenced loan. PHH Mortgage Corporation is acting as the Mortgage Servicer for the Mortgagee. PHH Mortgage Corporation, is representing the Mortgagee, whose address is: 1 Mortgage Way, Mount Laurel, NJ 08054.
Legal Description: ,;;i - :=: '1
ALL THAT CERTAIN LOT, TRACT, OR PARCEL OF LAND SITUATED IN THE J.M. lJPlON ~80, I
HENDERSON COUNTY, TEXAS, AND BEING DESCRIBED AS LOT NO. 11, HILLCRESj,-~ST~S,8 SECTION NO.2, ACCORDING TO THE PLAT RECORDED IN VOLUME 4, PAGE 57, NOW'd(NOW-=AS _ CABINET A, SLIDE 303, PLAT RECORDS OF HENDERSON COUNTY, TEXAS. :r:::r ~
8 - +=""" :::0
:,SALE INFORMATION -; ,.... -<::l'J ~:x::.. W g
Date of Sale: 07/06/2021 Earliest Time Sale Wiu Begin: 10:00 AM >< ~. , <::) :AI
' fJ...... +=""" 0 Location of Sale: The place of the sale shall be: HENDERSON County Courthouse, 1 exas at the following location: On the porch to the south entrance of the Henderson County Courthouse, or if the preceding area is no longer the designated area, at the area most recently designated by the County Commissioner's Court
TERMS OF SALE
A default has occurred in the payment of said herein referenced indebtedness, and the same is now wholly due, and the Mortgagee and/or Mortgage Servicer has requested the hereinafter appointed Substitute Trustee to sell said property to the highest bidder for cash and to distribute or apply the proceeds of said sale in accordance with the terms of said Deed of Trust.
The Sale will be conducted as a public auction to the highest bidder for cash, except that Mortgagee's bid may be by credit against the indebtedness secured by the lien of the Deed of Trust. 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.
44-20-1286 II lUllIIII II II HENDERSON 4732068 ServiceLink
The sale will begin at the earliest time stated above, or within three (3) hours after that time. 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 ATTORNEY OR AUTHORIZED AGENT OF THE MORTGAGEE OR MORTGAGE SERVICER.
WHEREAS, in my capacity as attorney for the Mortgagee and/or Its Mortgage Servicer, and pursuant to Section 51.0076 of the Texas Property Code, I HEREBY APPOINT AND DESIGNATE Robert LaMont, Shel1'l LaMont, Harriett Fletcher, David Sims, Aurora Campos, Ramiro Cuevas, Allan Johnston, Jonathan Harrison, Patrick Zwiers, Kristopher Holub, Sharon St. Pierre, Ronnie Hubbard, Shawn Schiller, Angie Uselton, Bobby Howell, Cindy Daniel, Dana Kamin, Jim O'Bryant, Jon Howell, Lisa Bruno, Susan Swindle, Thomas Delaney, Danya Gladney, Aaron Demuth, Codilis & Moody, P.C., or Auction.com, as Substitute Trustee.
The address for the Substitute Trustee for purposes of Section 51.0075(e) of the Texas Property Code is: Codilis & Moody, P.c. 400 N. Sam Houston Pkwy E, Suite 900A Houston, TX 77060 (281) 925-5200
Executed on 0611012021.
/s/ Lisa Collins SBOT No. 24115338, Attorney at Law Codilis & Moody, P.c. 400 N. Sam Houston Pkwy E, Suite 900A Houston, TX 77060 (281) 925-5200
Posted and filed by:
C&M No. 44-20-1286
FILED FOR REC ORD Notice of Foreclosure Sale
lOZI ~ I I P 3: 46 June 11,2021
' " 1 I J H,t ." HE'J - tit''' , Y CL I , Deed of Trust ("Deed of Trust"):
- fl . lI.;m, CG U~I Y. TE XAS
Dated:
Grantor:
Trustee:
Lender:
Raymond L. Shackelford, III
Angela Gaddis
Recorded on April 17, 2014, under Document No. 2014-00004808 of the real property records of Henderson County, Texas .
Promissory Note ("Note") in the original principal amount of $175,000 .00, executed by Nathan Casey Edgett and Carla Edgett ("Borrower") and payable to the order of Lender.
See Exhibit A.
Howard F. Carter, Jr.
Howard F. Carter, Jr. PC d/b/a The Carter Law Firm, 8350 N. Central Expressway, Suite 1225, Dallas, Texas 75206
Angela Gaddis
July 6, 2021
the earliest time at which the Foreclosure Sale will begin is 10:00 a.m. and not later than three hours thereafter.
AT THE SOUTH ENTRANCE PORCH OF THE HENDERSON COUNTY COURTHOUSE in Henderson County, Texas, or, if the preceding area is no longer the designated area, at the area most recently designated by the Henderson County Commissioner's Court.
Notice of Foreclosure Sale - Page 1
Telms of Sale: 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, 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 Lender's election to proceed against and sell both the real property and any personal propeliy 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.
Mortgage Servicer is representing Lender in connection with the loan evidenced by the Note and secured by the Deed of Trust under a servicing agreement with Lender. The address of Mortgage Servicer is set forth above.
Therefore, notice is given that on and at the Date, Time, and Place for the Foreclosure Sale described above, Substitute Trustee will sell the Propeliy in accordance with the Terms of Sale described above, the Deed of Trust, and applicable Texas law.
[f 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 Propetiy 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 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.
Notice or Foreclosure Sale - Page 2
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.
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.
Howard C. Carter, Jr. PC The Carter Law Firm
By: /s/ Howard F. Carter, Jr. Howard F. Carter, Jr.
Attorney for Angela Gaddis State Bar No.: 03916500 Email: sam@scarterlawfirm.com 8350 N. Central Expressway, Suite 1225 Dallas, Texas 75206 Telephone: 972-455-2001 CelJphone: 214-707-7089 Telecopier: 972-455-2015
Notice of Foreclosure Sale - Page 3
PROPERTY
All that certain lot, tract or parcel of land situated in Henderson County, Texas a part of the 1. P. Brown Survey, A-59 and being known as Lots 14 & 15, North Wood Shores Subdivision, a subdivision as shown on plat recorded in Volume 2 Page 103, Plat Records of Henderson County, Texas and more commonly known as 118 The Lee Way, Gun Barrel City, Texas 75156.
Notice of Foreclosure Sale - Page 4
r--.>:I:rTl _ c:::> r--.>:z: " ro,..., ' ­ fTl
;1;)0 C c:NOTICE OF FORECLOSURE SALE <f)C ­ :z:c: c ,.., ;'='7'" I 0n W 0- ::::JNotice is hereby given of a public nonjudicial foreclosure sale. c:: ­ zr :;::;:;
M
1. Deed of Trust. The sale is a nonjudicial deed of trust lien foreclo~e(-sa1gei~ >< - .s::- /v
:r> &"" CJ conducted pursuant to the power of sale granted by the following described deed oftrust:
Date: November 15,2007
Substitute Trustee: Scott A. Ritcheson, and/or Douglas A. Ritcheson, and/or Charles E. Lauffer, Jr., and/or Lance Vincent
Recording Information: Deed of Trust recorded in Volume 2824, Page 188, of the Official Public Records of Henderson County, Texas.
2. Property to be Sold. The property to be sold (the "Property") is described as follows:
All those certain lots, tracts or parcels of land situated in Henderson County, Texas, and being more particularly described on what is attached hereto as Exhibit "A" and made a part hereof for all purposes.
3. Date, Time, and Place of Sale. The sale is scheduled to be held at the following date, time and place:
Date: July 6, 2021
Time: The sale shall begin no earlier than 10:00 a.m. or no later than three (3) hours thereafter. The sale shall be completed by no later than 1 :00 p.m.
Place: Henderson County Courthouse in Athens, Texas, at the following location:
At the place designated by the Henderson County Commissioner's Court or, if no such designation has been made, then on the southside steps to the Henderson County Courthouse, Athens, Texas.
NOTICE OF FORECLOSURE; PAGE 1
The deed of trust pennits the beneficiary to postpone, withdraw, or reschedule the sale for
another day. In that case, the trustee or substitute trustee under the deed of trust need not appear
at the date, time and place of a scheduled sale to announce the postponement, withdrawal, or
rescheduling. Notice of the date of any rescheduled foreclosure sale will be reposted and refiled
in accordance with the posting and filing requirements of the Texas Property Code. Such
reporting or refiling may be after the date originally scheduled for this sale.
4. Tenns of Sale. The sale will be conducted as a public auction to the highest
bidder for cash, subject to the provisions of the 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 of sale.
Those desiring to purchase the property will need to demonstrate their ability to pay cash
on the date the property is sold.
The sale will be made expressly subject to unpaid ad valorem taxes and 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 other 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.
Prospective bidders are strongly urged to examine the applicable property records to detennine
the nature and extent of such matters, if any.
A purchaser at the sale of the Property "acquires the Property "AS IS" without any
expressed or implied warranties" (except as to the warranties of title from the grantor identified
in the deed of trust described below). Any purchaser acquires the Property "at the purchaser's
own risk." Texas Property Code §SI.009. Nothing set forth in this Notice is an express or implied
NOTICE OF FORECLOSURE; PAGE 2
disclaimed by the all of which are or warranty
by the ~~""".''''''~'J described
5. Type of Sale. is a nonjudicial deed trust sale being
pursuant to the power by the deed of trust Dennis Starek
Starek. The deed trust is dated November 15, 2007, is recorded in the
County Clerk of County, Texas, in Volume Page 188 of the
Records ofHenderson
nat~Dti:anless and obligations (collectively the including,
not limited to, (l) the November 1 2007 promissory note in principal amount
$35,200.00, executed by and Deborah Starek, and to the order of
U<"..'<1<U Bank of Kemp; (2) all extensions of the (3) all interest, late charges,
other expenses note on the of trust; and (4)
obligations deed of trust secured by
cross-collateralization clause trust). First is the current
owner and holder of the Obligations is the beneficiary under
Questions concerning be directed to the or to the beneficiary,
National Bank of Kemp, Philip Weaver, telephone (903) 498-8541.
Default has deed of trust,
has to conduct this that before the sale
may appoint <>nf\f'h,,,,. ,.""r"r,,,, substitute trustee to
NOTICE OF FORECLOSURE; PAGE 3
DATED: May 20, 2021.
Substitute Trus ee 821 ESE Loop 323, Suite 530 Tyler, Texas 75701 Tel: (903) 535-2900 Fax: (903) 533-8646
Notice to Members of the Armed Forces of the United States:
Assert and protect your rights as a mem ber 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.
NOTICE OF FORECLOSURE; PAGE 4
EXHIBIT"A"
LOTS 6 and 7, BLOCK G, CEDAR KNOLLS SUBDIVISION, FIRST INSTALLMENT, according to plat recorded in Volume 7, Page 14 and in Cabinet C, Slide 95, Plat Records, Henderson County, Texas, and
LOT 5, BLOCK G, CEDAR KNOLLS SUBDIVISJ:ON, FIRST INSTALLMENT, according to pla.t recorded in Volume 76 Page 14 and in Cabinet C, S1ide 95, Pl.at Records, Henderson County, Texas,
LESS, SAVE AND EXCEPT: Being all of that certain lot, tract or parcel of land located in the G. G. Cole Survey, Abstract No. 1.42, of Henderson County, Texas and being Part of Lot 5, Bl.ock G of Cedar Knolls Subdivision, First Installment, the plat thereof being recorded in Vol'\lIne 7, Page 14, Cabinet C, Slide 9S of the Plat Records of Henderson County, TeKas. Said lot, tract or parcel of land being more particularly described as follows:
BEGINNING at an '''X" cut in concrete at the southwest corner of Lot 5, the northwest corner of Lot 4. and in the east line of Hickory Lane;
THENCE, along the east line of Hickory Lane along a curve to the left having a central angle of 07 deg. 20 min. 01 sec., a radius of 117.19 feet, and a chord that bears North 10 deg. 26 min. 36 sec. E, 14..99 feet to an "X" cut in concrete for the northeast corner of this- tract;
THENCE, S 68 deg. 17 min. 42 sec. E, 145.72 feet througb Lot 5 to a 5/8" iron rod set for the southeast corner of Lot 5, the northeast corner of Lot 4 and in the northwest line of a Drainage R.O.W.;
THENCE t N 74 deg. 10 min. 22 sec. W, 143.55 feet along the common line of Lots 4 and S to the PO~ OF BEGINNING and CONTAINING 0.02 ACRE OF LAND, MORE OR LESS;
NOTICE OF FORECLOSURE; PAGE 5
FILED FOr< REC0fW
NOTICE OF SUBSTITUTE TRUSTEE'S SALE ZOll AY27 8: 14
HENDERSON County I 1 ,1 I .•J T Deed of Trust Dated: February 17, 2005 caU,ln CLEI..K Amount: $70,775.00 HEtmER~ON COUHTY, TEXA S Grantor(s): FLORENE HUGHES Original Mortgagee: COUNTRYWIDE HOME LOANS, INC. Current Mortgagee: US Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee For VRMTG Asset Trust Mortgagee servlcer and Address: clo FAY SERVICING, LLC, 939 W. North Avenue, Suite 680, Chicago, IL 60642 Pursuant to a Servicing Agreement between the Mortgage Servicer and Mortgagee, the Mortgage Servicer is authorized to represent the Mortgagee. Pursuant to the Servicing Agreement and Section 51.0025 of the Texas Property Code, the Mortgage Servicer is authorized to col/ect the debt and to administer any resulting foreclosure of the referenced property Recording Information: Document No. 0003176 Legal Description: SEE EXHIBIT A
Date of Safe: July 6,2021 between the hours of 10:00 AM and 1:00 PM, Earliest Time Sale Wilt Begin: 10:00 AM Place of Sale : The foreclosure sale will be conducted at public venue in the area designated by the HENDERSON County Commissioners Court pursuant to Section 51.002 of the Texas Property Code as the place where foreclosure sales are to take place, or if no place is designated by the Commissioners Court , the sale will be conducted at the place where the Notice of Trustee's Sale was posted.
SHARON ST. PIERRE OR RONNIE HUBBARD, ALLAN JOHNSTON, SHERYL LAMONT, ROBERT LAMONT, PATRICK ZWIERS, JONATHAN HARRISON, SHAWN SCHILLER, ANGIE USEL TON, RAMIRO CUEVAS, AURORA CAMPOS, KRISTOPHER HOLUB, DANA KAMIN, LISA BRUNO, RONDA TYLER, RANDY DANIEL, CINDY DANIEL, JIM O'BRYANT, HARRIETI FLETCHER OR DAVID SIMS have been appointed as Substitute Trustee(s), (,Substitute Trustee') each empowered to act independently, in the place of said original Trustee. upon the contingency and in the manner authorized by said Deed of Trust. The SubsUtute Trustee will sell the Property by public auction to the highest bidder for cash at the place and date specified. The sale will begin at the earliest time stated above or within three (3) hours after that time. 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.
NOTICE 15 FURTHER GIVEN that, except to the extent that the Substitute Trustee(s) may bind and obligate the Mortgagors to warrant title to the Property under the terms of the Deed of Trust. conveyance of the Property shall be made 'AS IS ' 'WHERE IS' without any representations and warranties whatsoever, express or implied, and subject to all malters of record affecting the Property.
A debtor who is serving on active military duty may have special rights or relief related to this notice under federal law, including the Servicemembers Civil Relief Act (50 U.S.C. §§ 3901 et seg.), and state law, including Section 51 .015 Texas Property Code. 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 militarv 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 send or of this notice.
THIS INSTRUMENT APPOINTS THE SUBSTITUTE TRUSTEE(S) IDE:"ITIFIED 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 THJ<: MORTGAGI<:J<: OR MORTGAGE SER CER.
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HUGHES. WATTERS & ASKANASE . l.lP 1201 louisiana, Suile 2XOO HouslOn, Texas 77002 Reference : 2020-001159
F:XHIBIT "A"
All that certain lot., trat:t or parcel of land situated in Henderson County, State ofTexBs, on the K. H. DOUGLAS LEAGUE, A·190, and being all oflhe callc:d 0.787 acre tract conveyed to Betty Patterson, by John L. Hyde and wi fe. Marjorie Hyde, by Warranty Deed dated January 28, J976, and recorded in Volume 771. Page 491, of the Henderson County Deed Records. and all of the called 1.223 acre first lract and all of the called 0.829 acre second tract conveyed to Betty Patterson, by the Texas Commerce Company, a Texas Corporation, by Wamlnty Deed dated March 27,1987, and recorded in Volume 1214. Page 867, of the Hc;nderson County Deed Records. Said lot, tract or parcel of land being more or particularly descnbed by metes and hounds as follow~'
BEGINNf';G at a 112H iron rod found for comer in the centerline ofCounry Road No. 2858, at the southwesl comer of the called 1.223 acre first tract, at the southeast comer of the Gene Patterson 10.001 acre (raet recorded in Volume 1016, Page 313, oithc Henderson County Deed Records, and in the north line of the James Doy Ie Shumate 10 .S2 acre tracl recorded in Volume 1620, Page 419, of the Henderson County Real Property Records, from WHENCE a 112" iron rod found in Ihe nor1h ROW line of the said counry road bears N 00' OS' 34" E 27.59 feet;
THENCE N 00' 26' 39" E 188.77 fecI 10 a SIS" iron rod set for comer al the northwest comer of the called 0.787 acre: tract, at the SQulhwesl comer of the Lisa D. Polster 1.02 acre tract recorded in Volume 1846, Pa~ 396, of the Henderson Counly Real PropeTt) Records and in !fie east line of the said 10.001 acre tracl.
THENCE N 89' 43' 09" E 355.58 feet to a X marked in concrele driveway for comer at the northeast comer of the called 0.787 acre tract, at the southell~[ comer of the said 1.02 acre Iract and on the west ROW Iine of F. M . Hwy. No 2329;
THENCE along the west ROW line of F.M Hwy No. 2329 and a curve to the left having a deUa angle of II' 52' 23", a radius of 1323.26 feel, a long chord of S 12' S6' 58" E 273. 72 feet, a tangent of 137.60 fee{, and a.rc leng~h of274 .21 feet to a 11'2" iron rod found for comer at an angle comer in the east line of tile called 1.223 acre first Iract and in the original wcst line of a 58.60 IIcre tract recorded in Volume 370, Page 9, of the Henderson County Deed Records;
TH ENCE S 03' 42' 50" E 164 49 feet 10 a 1/2" iron rod found for comer in the centerline of County Road No. 2858. at lhe ~utheast comer of the called 1.223 acre first tract, at the southwest comer of the said 58.60 acre tract in the north line of a 78 .174 acre tract <k:scribed by field notes recorded in Volume 637, Page 159, of the Henderson County Deed Records;
TIIENCE along the SQuth line of the called 1.223 lIeTe first tracl and the said county road N 65' !9' 2)· W 202.36 feet to a 112" iron ro<1 found for comer snd N 57" 32' 42" W 290.53 feet 10 the PLACE OF BF.GTNNING AND CONTAINING 2.838 ACRES OF LAND.
NOTICE OF FORECLOSURE SALE
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Notice is hereby given of a public nonjudicial foreclosure sale. g :. '- ~ ::on.· C c
1. Deed of Trust. The sale is a nonjudicial deed of trust lien foreclos~e salei?einBn n - w 0 0..... :;:;::J
conducted pursuant to the power of sale granted by the following described deed offi::Ust: :0­
Date: November 15, 2007
Substitute Trustee: Scott A. Ritcheson, and/or Douglas A. Ritcheson, and/or Charles E. Lauffer, Jr., and/or Lance Vincent
Recording Infonnation: Deed of Trust recorded in Volume 2824, Page 188, of the Official Public Records of Henderson County, Texas.
2. Property to be Sold. The property to be sold (the "Property") is described as follows:
All those certain lots, tracts or parcels of land situated in Henderson County, Texas, and being more particularly described on what is attached hereto as Exhibit"A" and made a part hereof for all purposes.
3. Date, Time, and Place of Sale. The sale is scheduled to be held at the following date, time and place:
Date: July 6,2021
Time: The sale shall begin no earlier than 10:00 a.m. or no later than three (3) hours thereafter. The sale shall be completed by no later than 1 :00 p.m.
Place: Henderson County Courthouse in Athens, Texas, at the following location:
At the place designated by the Henderson County Commissioner's Court or, if no such designation has been made, then on the southside steps to the Henderson County Courthouse, Athens, Texas.
NOTICE OF FORECLOSURE; PAGE 1
The deed of trust pennits the beneficiary to postpone, withdraw, or reschedule the sale for
another day. In that case, the trustee or substitute trustee under the deed of trust need not appear
at the date, time and place of a scheduled sale to announce the postponement, withdrawal, or
rescheduling. Notice of the date of any rescheduled foreclosure sale will be reposted and refiled
in accordance with the posting and filing requirements of the Texas Property Code. Such
reporting or refiling may be after the date originally scheduled for this sale.
4. Tenns of Sale. The sale will be conducted as a public auction to the highest
bidder for cash, subject to the provisions of the 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 of sale.
Those desiring to purchase the property will need to demonstrate their ability to pay cash
on the date the property is sold.
The sale will be made expressly subject to unpaid ad valorem taxes and 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 aU other 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.
Prospective bidders are strongly urged to examine the applicable property records to detennine
the nature and extent of such matters, if any.
A purchaser at the sale of the Property "acquires the Property "AS IS" without any
expressed or implied warranties" (except as to the warranties of title from the grantor identified
in the deed of trust described below). Any purchaser acquires the Property "at the purchaser's
own risk." Texas Property Code §51.009. Nothing set forth in this Notice is an express or implied
NOTICE OF FORECLOSURE; PAGE 2
representation or warranty regarding the Property, all of which are specifically disclaimed by the
undersigned and by the beneficiary of the herein described deed of trust.
5. Type of Sale. The sale is a nonjudicial deed of trust lien foreclosure sale being
conducted pursuant to the power of sale granted by the deed of trust executed by Dennis Starek
and Deborah Starek. The deed of trust is dated November 15, 2007, and is recorded in the
office of the County Clerk of Henderson County, Texas, in Volume 2824, Page 188 of the
Official Records of Henderson County, Texas.
6. Obligations Secured. The deed of trust provides that it secures the payment of
the indebtedness and obligations therein described (collectively the "Obligations") including, but
not limited to, (1) the November 15, 2007 promissory note in the original principal amount of
$35,200.00, executed by Dennis Starek and Deborah Starek, and payable to the order of First
National Bank of Kemp; (2) all renewals and extensions of the note; (3) all interest, late charges,
fees and other expenses payable under said note on the herein described deed of trust; and (4) all
other debts and obligations described in the deed of trust (including all debts secured by any
cross-collateralization clause in the deed of trust). First National Bank of Kemp is the current
owner and holder of the Obligations and is the beneficiary under the deed of trust.
Questions concerning the sale may be directed to the undersigned or to the beneficiary,
First National Bank of Kemp, Attention: Philip Weaver, telephone (903) 498-8541.
7. Default and Request to Act. Default has occurred under the deed of trust, and
the beneficiary has asked me, as trustee, to conduct this sale. Notice is given that before the sale
the beneficiary may appoint another person substitute trustee to conduct the sale.
NOTICE OF FORECLOSURE; PAGE 3
DATED: May 20, 2021.
821 ESE Loop 323, Suite 530 Tyler, Texas 75701 Tel: (903) 535-2900 Fax: (903) 533-8646
Notice to Members of the Armed Forces of the United States:
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.
NOTICE OF FORECLOSURE; PAGE 4
EXHIBIT "A"
LOTS 6 and 7, BLOCK G, CEDAR KNOLLS SUBDIVXSl:ON, FIRST INSTALLMENT, according to plat recorded in Volume 7, Page 14 and in Cabinet C, Slide 95, plat Records, Henderson County, Texas, and
LOT 5, BLOCKG, CEDAR KNOLLS SUBDIVJ:SION, FIRST INSTALLMENT, according to plat recorded. in Volume 7, Page 14 and in Cabinet C, Slide 95, Plat Records, Henderson County, Texas,
LESS, SAVE AND EXCEPT: Being all of' that certain lot I tract or parcel of land located in the G. G. Cole Survey, Ab.trac::t No. 142. of Henderson County, Texas and being Part of Lot 5, Block G of Cedar Knolls Subdivision, First Installment, the plat tbereof being recorded in volume 7, Page 14, Cabinet C, Slide 9S 'of the Plat Records of Henderson County, Texas. Said lot, tract or parcel of land being more particularly described as follows~
BEGINNING at an \\XI I cut in concreto. at the southwest corner
of Lot 5, the northwest corner of Lot , and in the east line of Hickory Lane I
TRENCH, along the east line of Hickory Lane along a curve to the left having a central angle of 07 deg. 20 min. 01 sec., a radius of 117.19 feet, and a. chord that bears North 10 deg. 26 min. 36 sec. E, 14.99 feet to an \\X" cut in concrete for the northe,ast corner of this tract,
THENCE, S 68 deg. 17 min. 4.2 sec. E, 145.72 feet througb Lot 5 to a S/8" iron rod set for the southeast corner of Lot 5, the noz:theast corner of Lot , and in the northwest line of a Drainage R. O. W. 1
THENCE, N 74 deg. 10 min. 22 sec. W, 143.55 feet along the common line of Lots 4 and S to the POINT 07 BEGINNiNG and CON"l'AIN::tNG 0.02 ACRE OF LAND, MORE OR LESS;
NOTICE OF FORECLOSURE; PAGE 5
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