newtools.cira.state.tx.us€¦ · 05/08/2016  · GRIESINGER, REID RUPLE, CATRENA WARD, KIM...

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Transcript of newtools.cira.state.tx.us€¦ · 05/08/2016  · GRIESINGER, REID RUPLE, CATRENA WARD, KIM...

Page 1: newtools.cira.state.tx.us€¦ · 05/08/2016  · GRIESINGER, REID RUPLE, CATRENA WARD, KIM HENSHAW, STEPHANIE KOHLER, IAN MOSER OR EBBIE MURPHY c/o AVT Title Services, LLC 1101 Ridge
Page 2: newtools.cira.state.tx.us€¦ · 05/08/2016  · GRIESINGER, REID RUPLE, CATRENA WARD, KIM HENSHAW, STEPHANIE KOHLER, IAN MOSER OR EBBIE MURPHY c/o AVT Title Services, LLC 1101 Ridge
Page 3: newtools.cira.state.tx.us€¦ · 05/08/2016  · GRIESINGER, REID RUPLE, CATRENA WARD, KIM HENSHAW, STEPHANIE KOHLER, IAN MOSER OR EBBIE MURPHY c/o AVT Title Services, LLC 1101 Ridge
Page 4: newtools.cira.state.tx.us€¦ · 05/08/2016  · GRIESINGER, REID RUPLE, CATRENA WARD, KIM HENSHAW, STEPHANIE KOHLER, IAN MOSER OR EBBIE MURPHY c/o AVT Title Services, LLC 1101 Ridge
Page 5: newtools.cira.state.tx.us€¦ · 05/08/2016  · GRIESINGER, REID RUPLE, CATRENA WARD, KIM HENSHAW, STEPHANIE KOHLER, IAN MOSER OR EBBIE MURPHY c/o AVT Title Services, LLC 1101 Ridge
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0 C&S No. 44-18-1597 / VA/ CenlarFSB I FILE NOS

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. Sender is: Codilis & Stawiarski, PC, 400 North Sam Houston Parkway East, Suite 900A, Houston, Texas 77060

Date of Security Instrument: August 05, 2016

Grantor(s): John F. Linville and Wendy A. Linville, husband and wife

Original Trustee: Chuck Owens

Original Mortgagee: Mortgage Electronic Registration Systems, Inc., solely as nominee for iFreedom Direct Corporation, its successors and assigns

Recording Information: Clerk's File No. 163262, in the Official Public Records of AUSTIN County, Texas.

Current Mortgagee: iFreedom Direct Corporation

Mortgage Servicer: Cenlar FSB, whose address is C/0 Attn: FC or BK Department 425 Phillips Blvd Ewing, NJ 08618 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 collect the debt and to administer any resulting foreclosure of the referenced property.

Date of Sale: 09/04/2018 Earliest Time Sale Will Begin: 1 :00 PM

The Substitute 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.

Legal Description: BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND CONTAINING 0.605 ACRE OF LAND, MORE OR LESS, IN THE JOHN NICHOLS LEAGUE, ABSTRACT 73, AUSTIN COUNTY, TEXAS, SAME BEING ALL THAT CERAIN CALLED 0.608 ACRE PARCEL AS DESCRIBED BY DEED RECORDED IN VOLUME 760, PAGE 730 OF THE OFFICIAL RECORDS OF AUSTIN COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PURPOSES

Place of Sale of Property: The foreclosure sale will be conducted in the area designated by the AUSTIN County Commissioners Court pursuant to Section 51.002 of the Texas Property Code as the place where the foreclosure sales are to take place, or if no place is designate b the Commissioners the sale will be conducted at the place where the Notice of Trustee's Sale was posted.

For Information: Codilis & Stawiarski, P.C. 400 N. Sam Houston Pkwy E, Suite 900A Houston, TX 77060 (281) 925-5200

die as Substitute Trustee, Ebbie Murphy as Successor Substitute Trustee, or Thomas Delaney as Successor ubstitute Trustee or Lisa Cockrell as Successor Substitute Trustee c/o Servicelink Default Abstract Solutions 1320 Greenway Drive, Suite 300 Irving, TX 7 503 8

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Page 8: newtools.cira.state.tx.us€¦ · 05/08/2016  · GRIESINGER, REID RUPLE, CATRENA WARD, KIM HENSHAW, STEPHANIE KOHLER, IAN MOSER OR EBBIE MURPHY c/o AVT Title Services, LLC 1101 Ridge

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NOTICE OF FORECLOSURE 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.

1. Property to Be Sold. The property to be sold is described as follows: SEE EXHIBIT "A"

2. Instrument to be Foreclosed. The instrument to be foreclosed is the Deed of Trust dated 09/30/2008 and recorded in Document 085316 real property records of Austin County, Texas.

3. Date, Time, and Place of Sale. The sale is scheduled to be held at the following date, time, and place: Date: 09/04/2018 Time: 01:00 PM Place: Austin County Courthouse, Texas, at the following location: INSIDE THE FOYER OF THE AUSTIN COUNTY

COURTHOUSE ORAS DESIGNATED BY THE COUNTY COMMISSIONER'S OFFICE or as designated by the County Commissioners Court.

4. Terms of Sale. 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 Secured. The Deed of Trust executed by SHARON L. JACKSON, provides that it secures the payment of the indebtedness in the original principal amount of $104,339.00, and obligations therein described including but not limited to (a) the promissory note; and (b) all renewals and extensions of the note. The Bank of New York Mellon Trust Company, N.A., not in its individual capacity, but solely as Trustee of NRZ Pass-Though Trust EBO I for the benefit of the Holders of the Series . 2017-2 is the current mortgagee of the note and deed of trust and OCWEN LOAN SERVICING, LLC is mortgage servicer. A servicing agreement between the mortgagee, whose address is The Bank of New York Mellon Trust Company, N.A., not in its individual capacity, but solely as Trustee of NRZ Pass-Though Trust EBO I for the benefit of the Holders of the Series 2017-2 clo OCWEN LOAN SERVICING, LLC, 1661 Worthington Road, Suite 100, West Palm Beach, FL 33409 and the mortgage servicer and Texas Property Code§ 51.0025 authorizes the mortgage servicer to collect the debt.

6. Substitute Trustee(s) Appointed to Conduct 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 MEGAN L.RANDLE, AMY BOWMAN, EVAN PRESS, REVA ROUCHON-HARRIS, MONICA HIVELA, KATHLEEN ADKINS, KRISTIE ALVAREZ, JULIAN PERRINE, BENJAMIN GRIESINGER, REID RUPLE, CATRENA WARD, KIM HENSHAW, STEPHANIE KOHLER, IAN MOSER OR EBBIE MURPHY, Substitute Trustee to act under and by virtue of said Deed of Trust.

THIS INSTRUMENT APPOINTS THE SUBSTITUTE TRUSTEE(S) IDENTIFIED TO SELL THE PROPER DESCRIBED IN THE SECURITY INSTRUMENT IDENTIFIED IN THIS NOTICE OF SALE. ERSON SIGNING THIS NOTICE IS THE ATTORNEY OR ZED AGENT OF TH , MO T f/\GEE OR MORTGAGE SERVICER.

ie Mann, P.C. Brandon , Attorney at Law L. Keller Mackie, Attorney at Law

'J,1tlri Liane Long, Attorney at Law Tracey Midkiff, Attorney at Law Marissa Sibal, Attorney at Law Parkway Office Center, Suite 900 · 14160 North Dallas Parkway Dallas, TX 75254

MEGANL. ROUCH ARRIS, MONICA HIVELA, KATHLEEN ADKINS, KRISTIE ALVAREZ, JULIAN PERRINE, BENJAMIN GRIESINGER, REID RUPLE, CATRENA WARD, KIM HENSHAW, STEPHANIE KOHLER, IAN MOSER OR EBBIE MURPHY c/o AVT Title Services, LLC 1101 Ridge Rd. Suite 222 Rockwall, TX 75087

Certificate of Posting I am whose address is c/o AVT Title Services, LLC, 1101 Ridge Rd., Suite 222, Rockwall, TX 75087. I declare under penalty of perjury that on I filed this Notice of Foreclosure Sale at the office of the Austin County Clerk and caused it to be posted at the location directed by the Austin Countv Commissioners Court.

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BEING A O.tlk:?i, ACRr. \3,6011 SQLT,,RF. l'OOT! TRAC.i OF LANl> LOC,\Tl?D IN THE HILLIARD SUfl!Jl\l!S!0,'1 .... ~ UNRECORDED SL11D!V!S!ON IN' Ausni,; COUNTY, 'l'EX,\S, AND lllllNC. lHAT TR,\CT CO!l:Vll\'£!) TO JOYCE um JACKSON AND SHARON L. JACK:i<JN AS PER AN ISS'rR.l~1ENT RECOKOEll IN VOLUMI\ 608. PACiF. 677 (ClEilK'S Fll.ll NC). 931;69; 01' Till. omc!AI. Rt;COR.DS Of AUSTll'l C<IU/ff\'. fCiXAS. SAICI O Qg;,; Al~Rr,· TMC:T Dl!!NO ~IORE-l'AR1'{1.:l\L .... RI.\' Dl:~('Rllll:P 11\ ~ll:IT~ AS!) f\f)1!!'ms AS mi.LOWS:

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FILED

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AUSTIN COUHTY. TEXAS

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18-190844 0 Q I

Notice of Substitute Trustee's Sale . i

Notice Concerning Military Duty: Assert and prot~ct your rights as a member of the armed forces of the United States. If you are or your spouse is serving on ac,ive 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

I of the armed forces of the United States, please send written notice of the active duty military service to the

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sender of this notice immediately. Tex. Prop. Code § 51.002(i) · I

Deed of Trust Date: July 11, 2006 ; Original Mortgagor/Grantor: RALPH ORTIZ AND

LINDA ORTIZ Original Beneficiary I Mortgagee: MORTGAGE Current Beneficiary I Mortgagee: DITECH ELECTRONIC REGISTRATION SYSTEMS, IN9., FINANCIAL LLC FKA GREEN TREE SERVICING AS NOMINEE FOR AMERICA'S WHOLSALE : LLC LENDER, ITS SUCCESSORS AND ASSIGNS i

Recorded in: I

Property County: AUSTIN '

Volume: N/A Page: N/A Instrument No: 064472 Mortgage Servicer: Ditech Financial LLC Mortgage Servicer's Address: 2100 E Elliot Rd

Building 94, Mail Stop T-325 Tempe, AZ 85284 .. * The mortgage servicer is authorized to represent the Mortgagee by vtrtue of a servtcmg 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.

Secures:Note in the original principal amount of$104,625.00, executed by RALPH ORTIZ AND LINDA ORTIZ ("Borrower") and payable to the order of Lender.

Property Address/Mailing Address: 1013 GUNNISON STREET, SEALY, TEXAS 77474

Legal Description of Property to be Sold: LOT 7 OF GOEBEL HEIGHTS, AN ADDITION TO THE CITY OF SEALY, AUSTIN COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 1, PAGE 65, PLAT RECORDS OF AUSTIN COUNTY, TEXAS.

I Date of Sale: September 04, 2018 I Earliest time Sale will begin: 1 :OOpm

Place of sale of Property: Austin County Courthouse, One East Main, Bellville, TX 77418 OR AS DESIGNATED BY THE COUNTY COMMISSIONER'S OFFICE OR IN THE AREA DESIGNATED BY THE COMMISSIONER'S COURT, PURSUANT TO SECTION 51.002 OF THE TEXAS PROPERTY CODE

The Substitute 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.

Appointment of Substitute Trustee: Default has occurred in the payment of the Note and in the performance of the obligations of the Deed of Trust, the same is now wholly due. Because of that default, DITECH FINANCIAL LLC, the owner and holder of the Note, has requested Kristie Alvarez, Julian Perrine, Kathleen Adkins, Amy Bowman, Evan Press, Reva Rouchon-Harris, Monica Hirvela, Benjamin Griesinger, Reid Ruple, Catrena Ward, Kim Hinshaw, Stephanie Kohler, Ian Moser, whose address is 1 Mauchly, Irvine, CA 92618, OR Megan Randle, Ebbie Murphy, whose address is 14800 Landmark Blvd., Suite 850, Dallas, TX 75254, to sell the property. The Trustee(s) has/have been appointed Substitute Trustee in the place of the original trustee, in the manner authorized by the deed of trust.

Terms 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 DITECH FINANCIAL LLC bid may be by credit against the indebtedness secured by the lien of the Deed of Trust.

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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, Kristie Alv~rez, Julian Perrine, Kathleen Adkins, Arny Bowman, Evan Press, Reva Rouchon-Harris, Monica Hirvela, Benjamin Griesinger, Reid Ruple, Catrena Ward, Kim Hinshaw, Stephanie Kohler, Ian Moser, whose address.is 1 Mauchly, Irvine, CA 92618, OR Megan Randle, Ebbie Murphy, whose address is 14800 Landmark Blvd., Suite 850, Dallas, TX 75254, Trustee reserves the right to set further reasonable conditions for cond~cting the Foreclosure Sale. Any such further conditions shall be announced before bidding is opened for the first sale of the day held by Kristie Alvarez, Julian Perrine, Kathleen Adkins, Arny Bowman, Evan Press, Reva Rouchon-Harris, Monica Hirvela, Benjamin Griesinger, Reid Ruple, Catrena Ward, Kim Hinshaw, Stephanie Kohler, Ian Moser, whose address is 1 Mauchly, Irvine, CA 92618, OR Megan Randle, Ebbie Murphy, whose address is 14800 Landmark Blvd., Suite 850, Dallas, TX 75254, Trustee.

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 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.

ls/William Attmore William Attmore Attorney for DITECH FINANCIAL LLC State Bar No.:24064844 [email protected] RAS CRANE, LLC I Attorney for Mortgagee 1900 Enchanted Way, Suite 125 Grapevine, TX 76051 Telephone: 817-873-3080 Facsimile: (817)796-6079

FILED

18JUL2~ P.MIO: 18

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NOTICE OF SUBSTITUTE TRUSTEE'S SALE

AUSTIN County Deed of Trust Dated: May 16, 2006 Amount: $236,000.00 Grantor(s): ADELAIDA SEPULVEDA and JOSEPH STEVE SEPULVEDA

Original Mortgagee: COUNTRYWIDE HOME LOANS, INC. Current Mortgagee: THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE (CWAL T 2006-24CB)

Mortg~geeServicerand Address: c/o BAYVIEW LOAN SERVICING, LLC, A DELAWARE LIMITED LIABILITY COMPANY, 4425 Ponce de Leon Blvd., Suite 500, Coral Gables, FL 33146 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 collect the debt and to administer ariy resulting foreclosure of the referenced property

Recording Information: Document No. 063290

Legal Description: 14.9236 ACRES OF LAND, MORE OR LESS, OUT OF THE SETH INGRAM SURVEY (A-50), AUSTIN COUNTY, TEXAS, CALLED TRACT ONE AND SET ASIDE TO JOSEPH STEVEN SEPULVEDA AS DESCRIBED IN PARTITION DEED DATED MARCH 4, 1999, FILED MARCH 8, 1999, RECORDED IN FILE NO. 991361, OFFICIAL RECORDS OF AUSTIN COUNTY, TEXAS.

Date of Sale: September 4, 2018 between the hours of 1 :00 PM and 4:00 PM.

Earliest Time Sale Will Begin: 1 :00 PM

Place of Sale: The foreclosure sale will be conducted at public venue in the area designated by the AUSTIN 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 condu_cted at the place where the Notice of Trustee's Sale was posted.

EBBIE MURPHY OR KRISTIE ALVAREZ, JULIAN PERRINE, KATHLEEN ADKINS, AMY BOWMAN, EVAN PRESS, REVA. ROUCHON-HARRIS, MONICA HIRVELA, OR BENJAMIN GRIESINGER, REID RUPLE, CATRENA WARD, KIM HINSHAW, STEPHANIE KOHLER, IAN MOSER OR MEGAN RANDLE 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 Substitute 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 IS 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 matters 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 seq.), 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 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.

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

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0

HUGHES, WATIERS & ASKANASE, L.L.P.

1201 Louisiana, SUITE .2800

Houston, Texas 77002

Reference: 2014-019982

FILED

18 AUG -2 AH 9: 28

Cl·

1vu§~--EBB1E MURPHY OR KRISTIE ALVAREZ, JULIAN PERRINE, KATHLEEN

ADKINS, AMY BOWMAN, EVAN PRESS, REVA ROUCHON-HARRIS,

MONICA HIRVELA, OR BENJAMIN GRIESINGER, REID RUPLE, CATRENA

WARD, KIM HINSHAW, STEPHANIE KOHLER, IAN MOSEROR ~N

RANDLE -c/o Auction.com, LLC 1 Mauchly Irvine, California 92618

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0

NOTICE OF SUBSTITUTE TRUSTEE'S SALE

AUSTIN County Deed of Trust Dated: October 17, 2000 Amount: $90,000.00 Grantor(s): MARTIN M. LOZANO and SHAWNA M. LOZANO

0

Original Mortgagee: DENNIS P. BEAVERS AND LETICA'S. HERNANDEZ Current Mortgagee: BAYVIEW LOAN SERVICING, LLC, A DELAWARE LIMITED LIABILITY COMPANY

Mortgagee Address: BAYVIEW LOAN SERVICING, LLC, A DELAWARE LIMITED LIABILITY COMPANY, 4425 Ponce de Leon Blvd., Suite 500, Coral Gables, FL 33146

Recording Information: Document No. 006666

Legal Description: SEE EXHIBIT "A" ATTACHED HERETO.

Date of Sale: September 4, 2018 between the hours of 1 :00 PM and 4:00 PM.

Earliest Time Sale Will Begin: 1 :00 PM

Place of Sale: The foreclosure sale will be conducted at public venue in the area designated by the AUSTIN 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.

EBBIE MURPHY OR KRISTIE ALVAREZ, JULIAN PERRINE, KATHLEEN ADKINS, AMY BOWMAN, EVAN PRESS, REVA ROUCHON-HARRIS, MONICA HIRVELA, OR BENJAMIN GRIESINGER, REID RUPLE, CATRENA WARD, KIM HINSHAW, STEPHANIE KOHLER, IAN MOSER OR MEGAN RANDLE 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 Substitute 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 IS 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 matters 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 seq.}, 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 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.

TIIlS 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 SERWf:>P.tt-:--

HUGHES, WATTERS & ASKANASE, L.L.P. 1201 Louisiana, SUITE 2800 Houston, Texas 77002 Reference: 2016-010740

EBBIE OR KRISTI ALVAREZ, JULIAN RRINE, KATHLEEN ADKINS, AMY BOWMAN, EV AN PRESS, REVA ROUCHON-HARRIS, MONICA HIRVELA, OR BENJAMIN GRIESINGER, REID RUPLE, CATRENA WARD, KIM HINSHAW, STEPHANIE KOHLER, IAN MOSER OR MEGAN RANDLE c/o Tejas Trustee Services 14800 Landmark Blvd, Suite 850 Addison, TX 75254

c:1,o!K- .5;;

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Page 18: newtools.cira.state.tx.us€¦ · 05/08/2016  · GRIESINGER, REID RUPLE, CATRENA WARD, KIM HENSHAW, STEPHANIE KOHLER, IAN MOSER OR EBBIE MURPHY c/o AVT Title Services, LLC 1101 Ridge

STATE OF TEXAS

COUNTY OF AUSTIN

0

§ § §

0

NOTICE OF FORECLOSURE SALE

Purchase Money Deed of Trust ("Deed of Trust")

Dated:

Grantor( s):

Trustee:

Lender:

Recorded in:

Secures:

Property:

Assignment:

Substitute Trustee:

Substitute Trustee's Street Address:

Mortgage Servicer:

Mortgage Servicer's Address:

January 20, 2005

John L. Johnson & Yvonne Johnson

Everett L. Anschutz, Jr.

Option One Mortgage Corporation

Instrument Number 060222 of the Real Property Records of Austin County, Texas

Promissory Note ("Note") in the original principal amount of $26,500.00 executed by Grantor(s) and payable to the order of Lender and all other indebtedness ofGrantor(s) to Lender

The real property and improvements described in the attached Exhibit A

The Note and the liens and security interests of the Deed of Trust were transferred and assigned to 20 CAP FUND I, LLC ("Beneficiary") by an instrument dated June 22, 2015

Megan Randle or Ebbie Murphy

c/o DWaldmanlaw, P.A. 3418 Highway 6 South, Suite B#345 Houston, TX 77082

FCI Lender Services, Inc.

PO Box 27370, Anaheim, CA 92809-0112

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Foreclosure Sale:

Date:

Time:

Place:

Terms of Sale:

0

Tuesday, September 4, 2018

The sale of the Property ("Foreclosure Sale") will take place between the hours of 1 :OOpm- 4:00pm local time.

Inside the foyer of the Austin County Courthouse or as designated by the county commissioner's office.

The Foreclosure Sale will be conducted as a public auction and the Property will be sold to the highest bidder for cash, except that 20 CAP FUND I, LLC'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, 20 CAP FUND I, LLC, 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 20 CAP FUND I, LLC's election to proceed against and sell both the real property and any personal property described in the Deed of Trust in accordance with Lender's rights and remedies under the Deed of Trust and Section 9.604(a) of the Texas Business and Commerce Code.

FCI Lender Services, Inc. is representing 20 CAP FUND I, LLC in connection with the loan evidenced by the Note and secured by the Deed of Trust under a servicing agreement with Lender. The respective addresses of 20 CAP FUND I, LLC and FCI Lender Services, Inc. are set forth above.

Therefore, notice is given that on and at the Date, Time and Place of Sale described above, Substitute Trustee will sell the Property by public sale to the highest bidder for cash in accordance with the Deed of Trust.

The Deed of Trust permits the Lender to postpone, withdraw, or reschedule the sale for another day. In that case, the Substitute Trustee need not appear at the Date, Time, and Place of Sale described above to announce the postponement, withdrawal, or rescheduling. Notice of the date of any rescheduled foreclosure sale will be reposted and re-filed in accordance with the posting and filing requirements of the Deed of Trust and the Texas Property Code. The reposting or re-filing may be after the date originally scheduled for this sale.

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Those desiring to purchase the Property will need to demonstrate their ability to pay cash on the day the Property is sold.

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. 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. 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 in "as­is, 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. Prospective bidders are advised to conduct an independent investigation of the nature and physical condition of the Property.

Pursuant to Section 51. 007 5 of the Texas Property Code, the 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 the Substitute Trustee.

Notice is given that before the Foreclosure Sale Lender may appoint another person as Substitute Trustee to conduct the Foreclosure Sale.

B~~ STATE OF TEXAS §

COUNTY OF AUSiTIN- Col or-~ i This instrument was acknowledged before me by f'f\eoA,J l,,. ~leen

g,,, Is.. 20_1_1:>

Notary Public, State of Texas Commission Expires: /- f:;-2-02-f Printed Name: Q _

wd=,o.c::~ J. ~"'l"CA-

,...~~·~ BARBARA J. BARTA

t..-.(~E;l:··-~;) Nolary Publle, State ol Texas • :..~ * Notary '°" 418893-4 ~ .......... ~ My Conwllllan lxplrae ~~RI,~ JANUARY 5. 2021

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0 0

Exhibit A: Property Description

ALL THAT CERTAIN 0.5008 ACRE TRACT SITUATED IN THE SAN FELIPE DE AUSTIN TOWN TRACT, ABSTRACT NO. 4, AUSTIN COUNTY, TEXAS, BEING THE SAME PROPERTY CONVEYED TO BRUCE M. VIERECK AND WIFE GRACE VIERECK BY DEED RECORDED IN VOLUME 163, PAGE 628 OF THE DEED RECORDS OF AUSTIN COUNTY, TEXAS, AND BEING THE 3RD TRACT DESCRIBED IN DEED FROM C. A. LAY TO LEONA PEARL VIERECK, DATED FEBRUARY 18TH ,1942, AND RECORDED N VOLUME 134, PAGE 489-91 OF THE DEED RECORDS OF AUSTIN COUNTY, TEXAS: SAID 0.5008 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT AN IRON ROD FOUND IN THE WEST LINE OF NORTH FOWLKES STREET (60' WIDE) AT IT'S INTERSECTION WITH THE NORTH LINE OF NORTH SECOND STREET (60' WIDE), FOR THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE SOUTH 79°02'00" WEST ALONG THE NORTH LINE OF NORTH SECOND STREET, A DISTANCE OF 160.30 FEET (CALL 160.01 TO AN IRON ROD FOUND FOR THE SOUTHWEST COMER OF THE HEREIN DESCRIBED TRACT; THENCE NORTH 09°49'44" WEST, A DISTANCE OF 136.21 FEET (CALL 136.125') TO AN IRON ROD FOUND FOR THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE NORTH 79°03 '49" EAST, A DISTANCE OF 160.18 FEET (CALL 160.0') TO AN IRON ROD SET IN THE WEST LINE OF NORTH FOWLKES STREET, FOR THE NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE SOUTH 09°52'47" EAST ALONG THE WEST LINE OF NORTH FOWLKES STREET, A DISTANCE OF 136.13 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.5008 ACRE OF LAND.

PROPERTY ADDRESS: 304 N FOWLKES STREET, SEALY, TX 77474

FILED

18 AUG i 3 ~JHI: l;3

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0 0

NOTICE OF SUBSTITUTE TRUSTEE'S SALE

WHEREAS, on the 91h day of March, 2015, Maribel Rojas Perez (the "Granto!''\ executed a Deed of Trust conveying to John P. Bolen, Trustee, the Property hereinafter described, to secure Texas Funding Corporation in payment of the indebtedness therein describ~d. said Deed of Trust was duly recorded in the Official Public Records of Real Property of Austin County, Texas; and

WHEREAS, Texas Funding Corporation is the owner and bolder ofUie Note secured by the Deed of Trust and has appointed the undersigned as Substitute Trustee under the Deed ofTnsst in the manner authorized by the Deed of Trust; and

WHEREAS, default has occurred in the payment of said indebtedness, and the same is now wholly due, and the owner and holder of said debt has requested the u1idersig11ed to sell the Property to satisfy said indeb~dness;

NOW, THEREFORE, NOTICE IS HEREBY GIVEN that on Tuesday, the 4th day of September, 2018, between the hours of 1 :00 P.M. and 4:00 P.M., r will sell the Property to the highest bidder for cash, inside the foyerofthe Austin County Courthouse, where the Commissioners Court has designated such sales to take place. The courthouse is located at 1 East. Main Street, Bellville, Texas 77418.

NOTICE IS FURTHER GIVEN that, except to the extent that the Substitute Trustec(s) may bind and obligate the Grantor to warrant title to the properly 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 matters ofrecord affecting the properly.

Assert and protect your l'ights as n member of the armed forces of the United States, [fyou arc or your spouse is serving on active military duty, including active military duty as a member of the Texas National Guard or the National G11a1·d 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 of this notice immediately.

Said Property is described as follows:

I. SEE ATTACHED EXHIBIT"A"

2. ALL INTEREST OF GRANTOR fN AND TO THB IMPROVEMENTS NOW OR HEREAFTER ERECTED ON THE PROPERTY AS MORE SPECIFICALLY SET FORTH IN THE ABOVE REFERENCED DEED OF TRUST.

µu Witness my hand this the} 6 day of August, 2018.

Address of Substitute Trustee:

Foreclosure Services, LLC 8101 Bo~t Club Road, Suite 320 Fort Worth, Texas 76179 ---- ·-------·-----------Return lo: Texas Funding Corporation

_P...Q,_B.02'.19.5.62..._ ..... --··-········· ... ······- .. -- --·-- ............•. - ...... ----·- -·- ··- -······ ---··--· --·-------····-·---·-· -·----.. ··-····-···· -- -Houston, TX 77224

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0 0

EXHIDIT"A"

1.00 acre of Land, more or fess, Situated in Austin County, Texas. in the San Felipe De Austin Town Tract, A-5, Austin Town Tract, A·S, and Being Block Thirty-Three of 1he Sealy Subdivision, (filed for record in ·the office of the County Clerk of Austin County, 'fexas, in Volume Y, Page 318 ofthe Deed Records) 1.00 acre tmct described in-Deed Dated.November 8, 1991, from Citizens State Bank, Sealy, Texas, et al, to David Luk and Phone Bouusawot, filed for record in the office of the County Clerk of Austill County, Texas, in Volume 650, Page 4 78 of the Official Records .

., •••- -•• •••-• ._ ••-••", -·•,., ""'" • --·•••·•••.,•Y">•·-•--•- _u.,,,.,_.,..,,.._., .. ,.,..,., 0 -··••"' .. ,._ •• ,......,_,,_. __ ._.,,..,,_... .. ,._h _______ ,.,. _____________ ...__, •~h•• - -

FILED

18 AUG i 3 AM ll: l;I~

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;:) -

0 El

NOTICE OF FORECLOSURE SALE

T YOUR RIGHTS AS A MEMBER OF THE ARMED FORCES OF THE UNITED STATES. IF YOU ARE OR YO SPOUSE IS SERVING ON ACTIVE MILITARY DUTY, INCLUDING ACTIVE MILITARY DUTY AS A MEMBER F THE TEXAS NATIONAL GUARD OR THE NATIONAL GUARD OR ANOTHER STATE OR AS A MEMBER O A RESERVE COMPONENT OF THE ARMED FORCES OF THE UNITED STATES, PLEASE SEND WRI EN NOTICE OF THE ACTIVE DUTY MILITARY SERVICE TO THE SENDER OF THIS NOTICE IMMEDIATE ;y_

1. Property to Be Sold. e property to be sold is described as follows: EXHIBIT "A"

2. Instrument to be Fore losed. The instrument to be foreclosed is the Deed of Trust dated 10/20/2003 and recorded in Document 036970 real pr perty records of Austin County, Texas.

3. Date, Time, and Place f Sale. The sale is scheduled to be held at the following date, time, and place:

Date: 0 04/2018

Time:

Place: A stin County Courthouse, Texas at the .following location: INSIDE THE FOYER OF THE AUSTIN C UNTY COURTHOUSE OR AS DESIGNATED BY THE COUNTY COMMISSIONER'S OFFICE or as designated by the County Commissioners Court.

4. Terms of Sale. The sal will be conducted as a public auction to the highest bidder for cash. Pursuant to the deed of trust, the mortgagee has the rig t to direct the Trustee to sell the property in cine or more parcels and/or to sell all or only part of the property. Pursuant to sec on 51.009 of the Texas Property Code, the property will be sold in AS IS, WHERE IS condition, without any express or i lied warranties, except as to the warranties of title, if any, provided for under the deed of trust.

5. Obligations Secured. he Deed of Trust executed by GEORGE PALMER AND GAIL PALMER, provides that it secures the payment of the indebtedn ss in the original principal amount of $65,025.00, and obligations therein described including but not limited to (a) the promiss ry note; and (b) all renewals and extensions of the note. U.S. BANK NATIONAL ASSOCIATION,· AS TRUSTEE UNDER HE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2004, 2004-CB7 TRUST, C-BASS MORT AGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2004-CB7 is the current mortgagee of the note and deed of trust and OCWEN LOAN SERVICING, LLC is mortgage servicer. A servicing agreement between the mortgagee, whose addres is U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEM T DATED AS OF OCTOBER 1, 2004, 2004-CB7 TRUST, C-BASS MORTGAGE LOAN ASSET­BACKED CERTIFICAT S, SERIES 2004-CB7 c/o OCWEN LOAN SERVICING, LLC, 1661 Worthington Road, Suite 100, West Palm Beach, FL 33 09 and the mortgage servicer and Texas Property Code § 51.0025 authorizes the mortgage servicer to collect the debt.

6. Substitute Trustee(s) ,pointed to Conduct 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 MEGAN L. RANDLE AKA MEGA L. RANDLE-BENDER OR EBBIE MURPHY , Substitute Trustee to act under and by virtue of said Deed of Trust.

THIS INSTRUMENT POINTS THE SUBSTITUTE TRUSTEE(S) IDENTIFIED TO SELL THE PROPERTY DESCRIBED IN THE CURITY INSTRUMENT IDENTIFIED IN THIS NOTICE OF SALE. THE PERSON SIGNING THIS NOTI EIS THE ATTORNEY OR AUTHORIZED AGENT OF THE MORTGAGEE OR MORTGAGE SERVIC R.

Mackie Wolf Zientz & ann, P.C. Brandon Wolf, Attorney t Law L. Keller Mackie, Attar y at Law Lori Liane Long, Attorn y at Law Tracey Midkiff, Attome at Law Marissa Sibal, Attorney t Law Parkway Office Center, uite 900 14160 North Dallas Par Dallas, TX 75254

c/o AVT Title Services, LLC 1101 Ridge Rd. Suite 222 Rockwall, TX 75087

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LOT NINETEEN-A (19-A), B OCK ONE(!), MEADOW VIEW ESTATES, A SUBDIVISION OF A CALLED 134.6506 ACRES OF LAND, OCATED IN THE H.&T.C.R.R. COMPANY SURVEY, SECTION 161, ABSTRACT 205, IN AUSTIN OUNTY, TEXAS, according to the map and plat filed for record in the office of the County Clerk of Austin Cou ty, Texas, in Volume!, Pages 249-252 of the Plat Records, and Re-Plat filed for record in the office ofthe Coun Clerk of Austin County, Texas, in Volume 1, Pages 285-286 ofthe Plat Records.

EXHIBIT "A"