Foreclosures Sep 20 - co.guadalupe.tx.us€¦ · 10/03/2017 · spouse is serving on active military duty, includin2 active military duty as a member of the Texas National Guard

000254

bull -a_

xshyi~ v

c5 t1I 0

_

NOTICE OF SUBSTITUTE TRUSTEES SALE

Date July 201 2020

Deed of Trust

Date March 10 2017

Grantor RAUL ROSALES JR and BAILEY HERRERA

Trustee DAVID B PERKINS

Substitute Trustee STEVE D TAYLOR

Lender STEVE D TAYLOR SELF-DIRECTED IRA LLC

Recording Information

Deed of Trust dated March 10 2017 recorded in Document Number 2017005837 Official Public Records of Guadalupe County Texas

Property

Lots No Twenty-six (26) and Twenty-seven (27) Block No Thirteen (13) of the Town of Marion Texas as designated on plat recorded in the Deed Records of Guadalupe County Texas and being the same property conveyed to Virginia Vetter by Deed of Gift dated June 15 1973 and recorded in Volume 470 Page 412 of the Deed Records of Guadalupe County Texas reference to which is here made for all purposes

Note

Date March 10 2017

Amount THIRTY-SIX THOUSAND SEVEN HUNDRED SEVENTY-FOUR AND 88100 ($3677488) DOLLARS

Debtor RAUL ROSALES JR and BAILEY HERRERA

Holder STEVE D TAYLOR SELF-DIRECTED IRA LLC

Date of Sale of Property September 1 2020 (that being the first Tuesday of said month) Said sale to occur no earlier than 11 00 oclock am and no later than 200 oclock pm

Place of Sale of Property At the north porch of the Guadalupe County Courthouse in Seguin Texas or as designated by the Guadalupe County Commissioners

1

Because of the default in performance of the obligations of the Deed of Trust

Substitute Trustee will sell the property by public auction to the highest bidder for cash at

the place and date specified to satisfy the debt secured by the Deed of Trust The sale will

begin at the earliest time stated above or within three (3) hours after that time

ute Trustee

STATE OF TEXAS sect COUNTY OF COMAL sect

This instrument was acknowledged before me on this th20~ay of July 2020 by STEVE D TAYLOR Substitute Trustee

A ALLYSON HANZ NUtfY Public State of Texas

exas Comm Expires 10-05-2023

Notary ID 229184middot3

238foreclosure

2


TIDS INSTRUMENT APPOINTS THE SUBSTITUTE TRUSTEES) IDENTIFIED TO SELL THE PROPERTY DESCRIBED IN THE SECURITY

INSTRUMENT IDENTIFIED IN TIDS NOTICE OF SALE THE PERSON SIGNING TIDS NOTICE IS THE ATTORNEY OR AUTHORIZED

AGENT OF THE MORTGAGEE OR MORTGAGE SERVICER lt~ G

Matter No 090286-TX ~ ~ ~ ~

~ ~ Date July 28 2020 ~ C -

County where Real Property is Located Guadalupe ~ _ _- _ 25 ORIGINAL MORTGAGOR JOSE N RUIZ TORRES AND FRANCISCA A GARC~ IJJfSB~

-AND WIFE le r

I n a bull - ORIGINAL MORTGAGEE MORTGAGE ELECTRONIC REGISTRATION SY EM~ IN~ AS

BENEFICIARY AS NOMINEE FOR PULTE MOR GAlta1 LLC ITS SUCCESSORS AND ASSIGNS I

I middot CURRENT MORTGAGEE LAKEVIEW LOAN SERVICING LLC

MORTGAGE SERVICER LOANCARE

DEED OF TRUST DATED 9272017 RECORDING INFORMATION Recorded on 9292017 as Instrument No 2017023225

SUBJECT REAL PROPERTY (LEGAL DESCRIPTION) LOT 84 BLOCK 4 OF KENSINGTON RANCH II

SUBDIVISION UNIT 6 PUD AN ADDITION TO THE CITY OF SELMA GUADALUPE COUNTY TEXAS ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN VOLUME 8 PAGE 477 PLAT RECORDS GUADALUPE COUNTY TEXAS

NOW THEREFORE NOTICE IS HEREBY GIVEN that on 912020 the foreclosure sale will be conducted in Guadalupe County in the area designated by the Commissioners Court pursuant to Section 51002 of the Texas Property Code as the place where the foreclosure sales are to take place If no place is designated by the Commissioners Court sale will be conducted at the place where the Notice of Trustees Sale was posted The trustees sale will be conducted no earlier than 1100 AM or not later than three (3) hours after that time by one of the Substitute Trustees who will sell to the highest bidder for cash subject to the unpaid balance due and owing on any lien indebtedness superior to the Deed of Trust

LOANCARE is acting as the Mortgage Servicer for LAKEVIEW LOAN SERVICING LLC who is the Mortgagee of the Note and Deed of Trust associated with the above referenced loan LOANCARE as Mortgage Servicer is representing the Mortgagee whose address is

LAKEVIEW LOAN SERVICING LLC co LOANCARE 3637 SENTARA WAY VIRGINIA BEACH VA 23452-4262

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 sect510025 the Mortgage Servicer is

Page 1 of2

AP NOSSOT 08212019

111111111111111~ 11111 IIIII IIIII IIIII IIII IIII 4725786

MatterNo 090286-TX

authorized to collect the debt and to administer any resulting foreclosure of the property securing the above referenced loan

WHEREAS in my capacity as attorney for the Mortgagee andor Its Mortgage Servicer and pursuant to Section 510076 of the Texas Property Code I HEREBY APPOINT AND DESIGNATE TROY MARTIN DEBORAH MARTIN CASSIE MARTIN TERRI MARTIN ALEXIS MARTIN ELIZABETH ANDERSON PAUL A HOEFKER ROBERT L NEGRIN or either one of them as Substitute Trustee to act either singly or jointly under and by virtue of said Deed of Trust and hereby request said Substitute Trustees or any one of them to sell the property in said Deed of Trust described and as provided therein The address for the Substitute Trustee as required by Texas Property Code Section 510075(e) is Aldridge Pite LLP 701 N Post Oak Road Suite 205 Houston TX 77024 (713) 293-3618

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 includin2 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

By~---Paul A Hoefker Attorney Robert L Negrin Attorney Aldridge Pite LLP 70 I N Post Oak Road Suite 205 Houston TX 77024

Return to ALDRIDGE PITE LLP 4375 JUTLAND DR SUITE 200 PO BOX 17935 SAN DIEGO CA 92177-0935 FAX 619-590-1385 866-931-0036

000278

NOTICE OF FORECLOSURE SALE

Notice is hereby given of a public nonjudicial foreclosure sale

1 Deed of Trust The sale is a nonjudicial deed of trust lien foreclosure sale being

conducted pursuant to the power of sale granted by the following described deed of trust

gt-z

t 0 c_ c CJ) tJ

Ii= ~ CZ

CJ

() I

~ middotmiddot- middot- c u Cl c gt- C-

c c-

C) C)

2

follows

(a)

(b)

Date January 24 2014

Gttor Geomeg Energy LP

- eficiary Citizens Bank

stitute Trustee Scott A Ritcheson andor Douglas A Ritcheson andor Charles E Lauffer Jr andor Lance

4 Vincent i

~

Recording Information Deed of Trust dated January 24 2014 and recorded in Volume 4192 Page 219 in the Official Public Records of Guadalupe County Texas (the Deed of Trust)

Property to be Sold The property to be sold (the Property) is described as

All of the right title and interest of Grantor described in the Deed of Trust and any extension thereof in and to those certain oil gas and mineral fee and leasehold estates including without limitation all working interests leasehold estate interests mineral estate interests royalty interests overriding royalty interests revenue interests of any type production payment interests interests under any gas purchase agreements gas balancing rights and any and every other interest of any character or nature in oil gas or other minerals and any surface estate interest in and to the property more particularly described in the schedule attached hereto marked Exhibit A for identification incorporated herein and made a part hereof for all purposes (the Land)

All of the right title and interest of Grantor in and to all improvements and personal property of any kind or character defined in and subject to the provisions of the Uniform Commercial Code including the proceeds and products from any and all of such improvements and personal property and situated on any of the Land including but not limited to pipe casing tubing rods storage tanks boilers loading racks pumps foundations warehouses and all other personal property and equipment of every kind and character upon incident appurtenant or belonging to

NOTICE OF FORECLOSURE PAGE 1

and used in connection Grantors interest in the Land including all oil gas and other minerals produced or to be produced to the account of Grantor from the Land and all accounts receivable general intangibles and contract rights of Grantor in connection with the Land or Leases defined in the Deed of Trust and all proceeds products substitutions and exchanges thereof

( c) Any and all rights of Grantor to liens and security interests securing payment of proceeds from the sale of production from the Land including but not limited to those liens and security interests provided for in TEX Bus amp COM CODE ANN Sec 9343

(d) Any and all other real or personal property described in (i) the Deed of Trust and any modifications or amendments thereto or (ii) that certain Assignment to Trustee of Oil and Gas Production dated January 24 2014 in favor of Kenneth R Plunk Trustee filed for record in the Office of the County Clerk of Guadalupe County Texas in Volume 4192 Page 237 of the Official Public Records of Guadalupe County Texas and any modifications or amendments thereto (the Assignment of Production) (iii) any instrument or lien thereby renewed or extended and (iv) any instrument or lien renewing or extending same The Deed of Trust Assignment of Production and other documents described above are referred to herein collectively as the Lien Documents and

(e) Any additional right title or interest of Grantor acquired or to which a Grantor became entitled to in any of the foregoing or in the oil gas or other minerals in or under the Land at any time after the Lien Documents

3 Date Time and Place of Sale The sale is scheduled to be held at the following

date time and place

Date September 1 2020

Time The sale shall begin no earlier than 1 00 pm or no later than three (3) hours thereafter The sale shall be completed by no later than 400pm

Place Guadalupe County Courthouse in Seguin Texas at the following location

In the area of such Courthouse designated by the Guadalupe County Commissioners Court as the area where foreclosure sales shall take place or if no such area has been designated then on the north porch of the Guadalupe County Courthouse in Seguin Texas


The deed of trust permits 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 Terms 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 permitting 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 determine

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 purchasers

own risk TEXAS PROPERTY CODE sect51009 Nothing set forth in this Notice is an express or


implied 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

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 (I) the October 27 2017 promissory note in the original principal amount of

$410000000 executed by Geomeg Energy LP and payable to the order of Citizens Bank (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) Citizens Bank 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

Citizens Bank Attention Jim Griffin telephone (903) 984-8671

7 Default and Reguest to Act Default has occurred under the deed of trust and

the beneficiary has asked me as substitute trustee to conduct this sale Notice is given that

before the sale the beneficiary may appoint another person substitute trustee to conduct the sale~ ---=7

DA TED August 6 2020

821 ESE Loop 323 Suite 530 Tyler Texas 75701 Tel (903) 535-2900 Fax (903) 533-8646

OTT A RITCHESON Substitute Trustee


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


EXHIBIT A

All of Mortgagors right title and interest in and to oil gas and other minerals of every nature character interest and type including without limitation all working interest leasehold estate interest mineral estate interest royalty interest overriding royalty interest revenue interest of any type production payment interest interest under gas purchase agreements gas balancing rights and any and every other type of interest of any character or nature in oil gas or other minerals and any surface estate interest in and to the property set forth below The scope of the property interests referenced below shall not be limited or impaired by any headers labels listing of well names or the like The property shall include all leases and lands identified on this Exhibit without limitation for any specific references definitions or anything e]se that may be construed as limiting the scope of the property described herein

Guadalupe County Texas

Greiner

Lease Name Railroad Commission Lease No Field No of Wells

Greiner 03 841 26620001 2 875

This being the same property identified and described in that certain Assignment and Bill of Sale Texas Saver LLCAssignor GeomegEnergy LPAssignee recorded on December 9 2010 in Volume 2943 Page 120 Official Public Records of Guadalupe County Texas

PERSONAL PROPERTY

All oil wells pumping units casing rods production tubing separators surface flowlines wellheads tanks and other equipment incidental to and used in connection with the production treating and storing of minerals or the like (including oil and gas) from those certain oil gas and mineral leases described in this Exhibit A


00027S CampM No 44-20-0769 FILE NOS

NOTICE OF TRUSTEES 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 dutv 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 amp Moody PC 400 North Sam Houston Parkway East Suite 900A Houston Texas 77060

INSTRUMENT BEING FORECLOSED AND MORTGAGE SERVICER INFORMATION

Deed of Trust dated August 26 2002 and recorded under Vol 1746 Page 0152 or Clerks File No 15247 in the real property records of GUADALUPE County Texas with Kenneth W Larson and Mary Jane Larson as Grantor(s) and New Century Mortgage Corporation as Original Mortgagee

Deed of Trust executed by Kenneth W Larson and Mary Jane Larson securing payment of the indebtedness in the original principal amount of $6375000 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 Kenneth W Larson and Mary Jane Larson Deutsche Bank National Trust Company as Trustee for Morgan Stanley Dean Witter Capital I Inc Trust 2003-NCI Mortgage Pass-Through Certificates Series 2003-NCl is the current mortgagee (the Mortgagee) of the Note and Deed ofTrust 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 510025 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 FIELD NOTES DESCRIBING 1637 ACRES OF LAND SITUATED IN THE WILLIAM GRIFFIN SURVEY ABST 136 GUADALUPE COUNTY TX SAID 1637 ACRE TRACT IS COMPRISED OF ALL OF A TRACT CALLED THIRD TRACT (140 ACRES) IN CONVEYANCE FROM SEGUIN BLUE LIGHT CORP TO READY MIX CONCRETE CO INC RECORDED IN VOLUME 646 AT PAGE 720 PART OF A TRACT CALLED THE RESIDUE OF 2758 ACRES IN CONVEYANCE FROM THE VETERANS LAND BOARD OF THE STATE OF TEXAS TO FLOYD E HURST RECORDED IN VOLUME 396 AT PAGE 383 AND PART OF A TRACT CALLED 09926 ACRES IN CONVEYANCEFROM THE VETERANS LAND BOARD OF THE STATE OF TEXAS TO FLOYD E HU~ REORQjD IN VOLUME 316 AT PAGE 336 AND PART OF A TRACT CALLED 03681 ACRESjlN CONVE3NCE FROM HA SCHMIDT SR TO FLOYD E HURST ET UX RECORDED IN VOLUME 333_T PAGE toi_ OF THE DEED RECORDS OF SAID COUNTY AND BEING MORE PARTICUL Y DESCRtitdegED IN 1

EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF FOR ALL P Q

SALE INFORMATION

Date of Sale 09012020 Earliest Time Sale Will Begin 11 00 AM ~

Location of Sale The place of the sale shall be GUADALUPE County Couhhoust Texas at the following location The north porch of the Guadalupe County Courthouse or if the preceding area is no longer the designated area at the area most recently designated by the County Commissioners Court

TERMS OF SALE

OS~$ l l

1 ~

A default has occurred in the payment of said herein referenced indebtedness and the same is now wholly due and

~2gagee andor Mortgage Servicer has llli] il1~fi~li~f111]t~11r Substitute Trustee to sell said

GUADALUPE 4725924

property to the highest bidder for cash and to distribute or apply the proceeds of said sale in accordance with the tenns of said Deed of Trust

The Sale will be conducted as a public auction to the highest bidder for cash except that Mortgagees 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 andor to sell all or only part of the property Pursuant to Section 51009 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

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 Mortgagees 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 andor Its Mortgage Servicer and pursuant to Section 510076 of the Texas Property Code I HEREBY APPOINT AND DESIGNATE Troy Martin Deanna Ray Deborah Martin Aarti Patel Maryna Danielian Cassie Martin Terri Martin Amy Ortiz Alexis Martin Elizabeth Anderson Erika Aguirre Allison Askew Beatriz Sanchez Bruce Neyland Candice Shulte Dylan Ruiz Garrett Sanders Ramon Perez Shelby Martin Stacey Sanders Thomas Delaney Danya Gladney Aaron Demuth Codilis amp Moody PC or Auctioncom as Substitute Trustee

The address for the Substitute Trustee for purposes of Section 5 l0075(e) of the Texas Property Code is Codilis amp Moody PC 400 N Sam Houston Pkwy E Suite 900A Houston TX 77060 (281) 925-5200

Executed on the 6th day of August 2020

Nicole M Bartee Attorney at Law Codilis amp Moody PC 400 N Sam Houston Pkwy E Suite 900A Houston TX 77060 (281) 925-5200

CampM No 44-20-0769

FJeld notebull duscrlbfA9 LGJJ acr-ea of land situatld ltl the wuu1111 outtfl

bull 1hcey lbbullt lHgt-middot Bu1utalup1t County Tx lf4 1617 11ere tuet l~ compdbulled of bull 11 of bull tract cbulllled Thl rd Traict f bullO crebull 1 lA ecnvayance

middot trom Se9un Blue Li9ht Cap to Rebulldr Hlx Colerate Co Inc recotdad Jn VoJuma 646 bullt PbullIJbull 720 p1umiddott of bull tract called the cbullsid11bull ol n58 acrebull tn canvt1yanao lro111 the Yetbull~bullnbullbull Land 8oaarl of 1ho Statbull o( Tbullbullbullbull to fLoyd E U11r1t recorded ln Volulfta 1 at P1190 lBl and parl af e tract called 09925 aeca tn H1vayanobull fro11 the lletfttbullnbull tand lloard of the 9tAttl of Tbullbullbullbull to rtoyd t thtrst recorded ln Vol11111bull 316 at 1bull9bull llG and pac~t of bull trbull~t cbullllbulld D1681 aer-ebull in eoneyance fra111 HA 8ch1ddt sr to r loyd s llunt et ux neorded in Valu-e UJ at Patbull 101 of the De cl llecordbull af aid eountr and belitCJ de11cdbecl by fltttebull end bo11nds u1 follo-s

BampClNHINO at 1n lron ataJre ut 111atkln9 thfJ south eruner or itne ubullct herein de8c-rlbed iun11 belnq the south cornctr af aa1d 1-10 acre tract and lylnq in thbull northwHt llte of us ttvy 901

llfampNCamp wlth a se9111ent of the bullouthwest line N ubull Z7W 1542 hot to bull chd n 1 lnk fence poi t 1natlcln9 a rbull-entrant cocner ol the traat harmiddot ln doocdbed sarno being a c-e-entrant corner oe said 140 acre traatf

THENCE with a couth llne alan9 a se1~ent of the 1outh line of eold l~o acrA trart and sald rebullfdua ol 27 58 aerebullf K 88 bull 42 bullw 2146 feet to an iron take found mbullrkln9 thbull bullauth aorpar of the trac~ herein described

i TRENCE lnto said residue of 21 58 a erebull ti 1abullz 2511 fbullbullt to an 37 1

Iron take found 1n1rkln9 the northve t corn r of the t~act hec-ein de crlbedr

1HlllNCB wl 1h tha north Uni f aane baln9 thbull ae91111rnt ot tha ncCth U n11 tgtf bullaid 140 acre tuet ff 7J 19pound bullt 65 o feet an Jron atIce found 111u-kin9 tha narth1tut earner of irald l-110 bullorbull tUtt and at 81l reet an iron takn (ound mArkin9 the nortlteabullt corner of thbull traCt h rain dascrlbedr

TUHCE lbulla1tltt9 111ld ntbullldua of 27i8 a1r1u and aerobullII aid 09928 IICre tract bullnd aaid OJ6amp1 acre tract S 40 S~B 3391 fbullt to bulln t~on 1t1kbull tound fflllrklm the bullbullbullt cornbullr at thbull tract herbullln da11crlbed allle bdn9 11- bullbullbullt ccuncu of ld 140 aer111 ~-et emd lyln9 lri thbull ncnthwest Unbull of U5lhty 9OJ

TIJPNCpound wlth said northwest liria a follows

Al0nq bull eireuht CUtVe to the left 1u1vln9 fl radiuI of 299S6 feet

middot bullnd bull 101 clord hat b S bull tl aatlIbull S 2 W lGGo feot to an ii-Dn bulltako found and Thence 11lonq II clrculai- c11rva to the left having bull r1111dlua o 29951

bull nd 41 fefllt long choc-d that b~bullr~ S sobull 22 bullw 28 1 fe~t to the P-Ct OP BGtNHlNG and cont1lnln9 16]7 acres of lond

000280 Notice of Trustees Sale

Date August-1L 2020

Trustee Stephen A Beal

Street Address for Trustee PO Box 195607 Dallas County Texas 75219

Current Owner and Holder of the Note and Deed of Trust BP-Residential LLC

Obligation Real Estate Lien Note dated March 9 2016 from Maker Samantha Alicia Ramon and Teofilo Gomez to Payee BP-Residential LLC in the original principal amount of $8250000

Deed of Trust

Date March 9 2016 8 n C r

-lt I ~

Recording Inform~tion Fi~ed on March 11 2016 and recorded Jnder 4~cu~nt number 2016005051 Official Pubhc Records of GUADALUPE County T1xas ~ G) middot

j middot X tl Trustee Stephen A Beal

L ff bull_-Grantor Samantha Alicia Ramon and Teofilo

~ 9 i- C-i ) 0 0

) ~ LJJ Beneficiary BP-Residential LLC

Property BEING approximately 015 of an acre tJ ted in New City Block (NCB) 290 City of Seguin Guad nd being more particularly described by metes and bow )hed herein and incorporated herein

Date of Sale (first Tuesday of month) September 1 2020

Time of Sale The sale will begin no earlier than 1000 AM and no later than three hours thereafter

Place of Sale Guadalupe County Courthouse

Default has occurred under the Deed of Trust The current owner and holder of the Real Estate Lien Note and the Deed of Trust has instructed the Trustee to offer the Property for sale toward the satisfaction of the Real Estate Lien Note by a nonjudicial foreclosure sale in accordance with the power of sale granted by the Deed of Trust

Notice is given that on the Date of Sale the Trustee will offer the Property for sale at public auction at the Place of Sale to the highest bidder for cash AS IS without any express or implied warranties except warranties of title

Terms of Sale The sale will be conducted as a public auction to the highest bidder If the highest bidder is someone other than the Lender the purchase price will be payable in cash or its equivalent at the discretion of the Trustee and will be payable immediately on acceptance of the bid by the Trustee If the Lender is the highest bidder payment will be by a credit on the Obligation as permitted by the Deed of Trust

Those persons and entities desiring to purchase the Property at the public auction other than the Lender will need to demonstrate their ability to pay cash on acceptance of the bid by the Trustee

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 of Trust The sale shall not cover any part of the Property that has been released from the lien of the Deed of Trust as shown in the public records of the county where the Property is located Prospective bidders are strongly urged to examine the applicable public records to determine the nature and extent of such matters if any

The Trustee may sell the Property in one or more parcels andor sell all or only part of the Property

Pursuant to section 51009 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 Prospective bidders are advised to conduct an independent investigation of the nature and physical condition of the Property

Pursuant to section 510075 of the 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 of the day held by the 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 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 seryjce to the sender of this notice immediately

000282


TlllS INSTRUMENT APPOINTS THE SUBSTITUTE TRUSTEE(S) IDENTIFIED TO SELL THE PROPERTY DESCRIBED IN THE SECURITY INSTRUMENT

IDENTIFIED IN TIDS NOTICE OF SALE THE PERSON SIGNING TlllS NOTICE IS THE ATTORNEY OR AUTHORIZED AGENT OF THE MORTGAGEE OR

MORTGAGE SERVICER

1 Property to Be Sold The real property improvements and personal property described in and mortgaged in the Deed of Trust including the legally described real property set forth on Exhibit A attached hereto and made a part hereof and all rights and appurtenances thereto

2 Instrument to be Foreclosed The instrument to be foreclosed is the Deed of Trust recorded as Document No 201899005478 in the Official Public Records of Guadalupe County Texas (Deed of Trust)

3 Date Time and Place of Sale The sale is scheduled to be held at the following date time and place

Date Tuesday September I 2020

Time The sale will begin no earlier than 1000 AM or no later than three hours thereafter The sale will be completed by no later than 400 PM

Place North Porch of the Guadalupe County Courthouse 101 E Court Street Seguin TX 78155 OR IN THE AREA DESIGNATED BY THE COMMISSIONERS COURT PURSUANT TO SECTION 51002 OF THE TEXAS PROPERIY CODE

4 Terms 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 permitting the Beneficiary thereunder to have the bid credited to the note up to the amount of the unpaid debt seemed 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 day the Property is sold as the purchase price will be payable immediately on acceptance of the bid by the Substitute Trustee

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 of Trust The sale shall not cover any part of the property that has been released of public record from the lien of the Deed of Trust Prospective bidders are strongly urged to examine the applicable property records to determin n~re ~d extent of such matters if any ~ ~

() lraquo 0 Pursuant to the Deed of Trust the Beneficiary has the right to direct the Trnet1yengt1S~stitme rn

Trustee to sell the property in one or more parcels andor to sell all or only part of piqperty- )

~- middotmiddot) -lta c middotlt

rn - n 0 C N c z a- -lt -lt

Pursuant to section 51009 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 Prospective bidders are advised to conduct an independent investigation of the nature and physical condition of the property

Pursuant to section 510075 of the Texas Property Code the Substitute 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 of the day held by the Substitute Trustee

5 Type of Sale The sale is a nonjudicial deed-of-trust lien and security interest foreclosure sale being conducted pursuant to the power of sale granted by the Deed of Trust

The real property and personal property encumbered by the Deed of Trust will be sold at the sale in accordance with the provisions of the Deed of Trust and as permitted by section 9604(a) of the Texas Business and Commerce Code

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 the Promissory Note in the original principal amount of $30000000 executed by WILLIAM A HIGHTOWER an adult individual and ANN SUSAN HIGHTOWER an adult individual and payable to the order of PFLUGER-KELLER FAMDY INVESTMENTS LTD a Texas limited partnership (Mortgagee) as the current owner and holder of the Obligations and is the Beneficiary under the Deed of Trust

7 Default and Request to Act Default has occurred under the Deed of Trust and the Beneficiary has requested me as Substitute Trustee to conduct this sale Notice is given that before the sale the Beneficiary may appoint another person substitute trustee to conduct the sale

WHEREAS in my capacity as attorney for the Mortgagee andor Its Mortgage Servicer and pursuant to Section 510076 of the Texas Property Code I HEREBY APPOINT AND DESIGNATE A LEE RIGBY as Substitute Trustee to act under and by virtue of said Deed of Trust and hereby request said Substitute Trustee to sell the property in said Deed of Trust described and as provided therein The address for the Substitute Trustee as required by Texas Property Code Section 510075(e) is Rigby Slack PLLC 3500 Jefferson St Suite 330 Austin Texas 78731 (512) 782-2061

Assert and protect your rights as a member of the armed forces of the United States If you are or your spouse ls 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

[Remainder of Page Intentionally Left Blank]

Dated August 6 2020 ALee y Rigby Slack PLLC 3500 Jefferson St Suite 330 Austin Texas 78731 Ph 512-782-2061 Fax 512-782-2061

STATE OF TEXAS sect COUNTY OF TRAVIS sect

This instrument was acknowledged before me on the 6th day of August 2020 by A Lee Rigby who acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated

~~~ CARA HOLT Notary Public State of Texas liJ~middotmiddotmiddotmiddotmiddotmiddot~~~ Notary Public State of Texu -i_~ ir1i Comm Expires 04-15-2023 ~~yen1 Notary ID 128364B67

EXHIBIT A

Mot ACRE TRACT

Being a 1105 ACRE TRACT situated In and belg compli$ed of part of Lot 14 of BlImberg Patk SubdMsion recorded in Volume 65 Page SS3 of the Deed Records and part of a celled 10 acre tract described In a Partition AQreement between Louis J Blumberg et el and Louis J Blumberg el aJ recorded In VoLune 217 Page 275 and per1 of a two (2) aae lract in conveyance to John F Vivroux el al recorded In Volume 181 Page 532 of the Doecl Record$ situated In the J 0 Clements Survey A-11 GuadatJpe County Texas Said 1105 acre tr8d ii that trad caBed 1105 acres ii conveyance from FISERV ISS amp Company FBO Wiliam A Hightower IRA to NTC amp CO LLP FBO Wlnam A Hightower IRA dated February 20 2009 recorded In Volume 2712 Page 300 of lhe Official Records of uld oounty and bcllng described by metes llJd bounds es follows

BEGINNING at a 112 Inch diameter Ribar h)uncI mar1dng the nor1h111C1t eoner of the tract heroin dC$0lbed aame being the northwasl comer of aUS piof 1105 acra Ired nOlthcut come of a trad called 077 acre in coweyance from Charmaine M Wilke to Marte Chauret et ux dated March 10 2017 recorded In Document Number 2017005528 of the Official ReltIOlds of said county tying Ir the south Ine of Blumberg Par$( (aka County Road 130) called 40 strip for road In Volume 274 Page 510 and 217 Page 275 of the Deed Records of aald county

ll-lENCE wilh the north line of the tract herein dellCllled same being lhe common line of uid prior 1105 acre lrad and said Blumberg Parks 89 sr 54bull E 13497 feet (called Seebull 57 54 E 13497 feet)deg a mag nail found marking the nortMast corner of tho Inlet heRllrl doscribed same being the northeast comer of bullaid prior 1105 acre trect lying in the weal llne of a ttact called 06959 acre in oorweyanco from Wclb Fargo Bank N A IO Robert E Thier et al TMtee dated October 30 2017 recorded in Oocumenl Number 2017025529 of the Offidal RoCOfds of ampaid county

ll-lENCE wtth the east line of the tract herein clescribed same being the comnOn line of aald prior 1105 acre traa and lMld 06959 acre tract S 01bull 27 54 e et 37361 feet a concrete nail set and at 37391 feel (called S 01bull 27 54 E 37179 lI) the south faa of a wood nitalnlng wan marking the southeast comer of the Ired heleln de$Cllbed same being lha ampOJlheast coma of ampaid prior 1105 acre tract sovthwoat corn6 of $Bid 06969 acre ltad lying In the wale( edge 11 the 49833 contour line lying In the north Ene of a tract called 33 acres iI conveyance from Bruno Blumberg el al to Texas Hydro-EledrieCorp dated AugU$l 31 1931 recolded in Volume 139 Pa~ 33 of tho Dead Records of said county further desolbed as the nonh line of called 33 acres In conveyance from BNngt Blumberg et at to Texas Hydro El8ctrie Company daed August 31 1931 and lICOfded in Volume 139 at Pllge 33 of the Deed Relt01da of said county ald lying In lhe north tno of Like Placid

THENCE with the wetera 0lt1Ge at 49833 contour hre alorg the 10llh faQe of a 08 wide wood retllning vtall 1111d alon9 tte common line of 111id 1 105 acn lraci and north Une or said laIce Placif as lollovs

N 89 54 48wW 145 feel N 39 sr 47bull w 193 feet N 74bull 59 53 W 1967 feel s a3bull 55 57bull w 1966 feet N 61 44 ZW 1756 leel N 79 45 r W 1341 feel N 78 26 15 W 1980 reet N 05 01 05 E 9 71 feet N 84 22 03 W 965 feel S 03bull 08 11bull W 881 foot N 75bull 51 20bull W 1967 feet and N 54bull 30 13 W 2107 feel lo the southwest comet of l~ trat heren dtscribed SCTle being the Soulhwe$t

comer of said prior 1105 acre ltect tiOUheast corner of said 0 77 acre tract

THENCE with lho W41$l llne of the 118ltl herein Oesalgted sa-nit being 1hil common lile of sald prior 1105 ecre tract and said on acre lrad N 01bull 40 00 Wal 1605 feet a 318 Inch dhlmeter reber found a1121os feet a 318 Inch dlametet tebat lound and al 33599 feel (called 01bull 40 00 W 33599 feel bull Basb of Seari~) the PLACE OF BEGINNING and containing 1101 ACRES OF LAND

I hereby oer1ify the fongcing field notes represenl the results of an o~lhe-iJlouncl survey made under my supervlalonmiddot February 12 2018

Because of the default in performance of the obligations of the Deed of Trust

Substitute Trustee will sell the property by public auction to the highest bidder for cash at

the place and date specified to satisfy the debt secured by the Deed of Trust The sale will

begin at the earliest time stated above or within three (3) hours after that time

ute Trustee

STATE OF TEXAS sect COUNTY OF COMAL sect

This instrument was acknowledged before me on this th20~ay of July 2020 by STEVE D TAYLOR Substitute Trustee

A ALLYSON HANZ NUtfY Public State of Texas

exas Comm Expires 10-05-2023

Notary ID 229184middot3

238foreclosure

2





Matter No 090286-TX ~ ~ ~ ~

~ ~ Date July 28 2020 ~ C -


-AND WIFE le r












Page 1 of2

AP NOSSOT 08212019


MatterNo 090286-TX






000278





gt-z

t 0 c_ c CJ) tJ

Ii= ~ CZ

CJ

() I


c c-

C) C)

2

follows

(a)

(b)





4 Vincent i

~











date time and place






















































EXHIBIT A



Greiner


Greiner 03 841 26620001 2 875


PERSONAL PROPERTY





TRUSTEE








SALE INFORMATION



TERMS OF SALE

OS~$ l l

1 ~



GUADALUPE 4725924









CampM No 44-20-0769
















Date August-1L 2020





Deed of Trust


-lt I ~




~ 9 i- C-i ) 0 0















000282




MORTGAGE SERVICER



























EXHIBIT A

Mot ACRE TRACT














Matter No 090286-TX ~ ~ ~ ~

~ ~ Date July 28 2020 ~ C -


-AND WIFE le r












Page 1 of2

AP NOSSOT 08212019


MatterNo 090286-TX






000278





gt-z

t 0 c_ c CJ) tJ

Ii= ~ CZ

CJ

() I


c c-

C) C)

2

follows

(a)

(b)





4 Vincent i

~











date time and place






















































EXHIBIT A



Greiner


Greiner 03 841 26620001 2 875


PERSONAL PROPERTY





TRUSTEE








SALE INFORMATION



TERMS OF SALE

OS~$ l l

1 ~



GUADALUPE 4725924









CampM No 44-20-0769
















Date August-1L 2020





Deed of Trust


-lt I ~




~ 9 i- C-i ) 0 0















000282




MORTGAGE SERVICER



























EXHIBIT A

Mot ACRE TRACT










MatterNo 090286-TX






000278





gt-z

t 0 c_ c CJ) tJ

Ii= ~ CZ

CJ

() I


c c-

C) C)

2

follows

(a)

(b)





4 Vincent i

~











date time and place






















































EXHIBIT A



Greiner


Greiner 03 841 26620001 2 875


PERSONAL PROPERTY





TRUSTEE








SALE INFORMATION



TERMS OF SALE

OS~$ l l

1 ~



GUADALUPE 4725924









CampM No 44-20-0769
















Date August-1L 2020





Deed of Trust


-lt I ~




~ 9 i- C-i ) 0 0















000282




MORTGAGE SERVICER



























EXHIBIT A

Mot ACRE TRACT










000278





gt-z

t 0 c_ c CJ) tJ

Ii= ~ CZ

CJ

() I


c c-

C) C)

2

follows

(a)

(b)





4 Vincent i

~











date time and place






















































EXHIBIT A



Greiner


Greiner 03 841 26620001 2 875


PERSONAL PROPERTY





TRUSTEE








SALE INFORMATION



TERMS OF SALE

OS~$ l l

1 ~



GUADALUPE 4725924









CampM No 44-20-0769
















Date August-1L 2020





Deed of Trust


-lt I ~




~ 9 i- C-i ) 0 0















000282




MORTGAGE SERVICER



























EXHIBIT A

Mot ACRE TRACT















date time and place






















































EXHIBIT A



Greiner


Greiner 03 841 26620001 2 875


PERSONAL PROPERTY





TRUSTEE








SALE INFORMATION



TERMS OF SALE

OS~$ l l

1 ~



GUADALUPE 4725924









CampM No 44-20-0769
















Date August-1L 2020





Deed of Trust


-lt I ~




~ 9 i- C-i ) 0 0















000282




MORTGAGE SERVICER



























EXHIBIT A

Mot ACRE TRACT


























































EXHIBIT A



Greiner


Greiner 03 841 26620001 2 875


PERSONAL PROPERTY





TRUSTEE








SALE INFORMATION



TERMS OF SALE

OS~$ l l

1 ~



GUADALUPE 4725924









CampM No 44-20-0769
















Date August-1L 2020





Deed of Trust


-lt I ~




~ 9 i- C-i ) 0 0















000282




MORTGAGE SERVICER



























EXHIBIT A

Mot ACRE TRACT



































EXHIBIT A



Greiner


Greiner 03 841 26620001 2 875


PERSONAL PROPERTY





TRUSTEE








SALE INFORMATION



TERMS OF SALE

OS~$ l l

1 ~



GUADALUPE 4725924









CampM No 44-20-0769
















Date August-1L 2020





Deed of Trust


-lt I ~




~ 9 i- C-i ) 0 0















000282




MORTGAGE SERVICER



























EXHIBIT A

Mot ACRE TRACT













EXHIBIT A



Greiner


Greiner 03 841 26620001 2 875


PERSONAL PROPERTY





TRUSTEE








SALE INFORMATION



TERMS OF SALE

OS~$ l l

1 ~



GUADALUPE 4725924









CampM No 44-20-0769
















Date August-1L 2020





Deed of Trust


-lt I ~




~ 9 i- C-i ) 0 0















000282




MORTGAGE SERVICER



























EXHIBIT A

Mot ACRE TRACT










EXHIBIT A



Greiner


Greiner 03 841 26620001 2 875


PERSONAL PROPERTY





TRUSTEE








SALE INFORMATION



TERMS OF SALE

OS~$ l l

1 ~



GUADALUPE 4725924









CampM No 44-20-0769
















Date August-1L 2020





Deed of Trust


-lt I ~




~ 9 i- C-i ) 0 0















000282




MORTGAGE SERVICER



























EXHIBIT A

Mot ACRE TRACT












TRUSTEE








SALE INFORMATION



TERMS OF SALE

OS~$ l l

1 ~



GUADALUPE 4725924









CampM No 44-20-0769
















Date August-1L 2020





Deed of Trust


-lt I ~




~ 9 i- C-i ) 0 0















000282




MORTGAGE SERVICER



























EXHIBIT A

Mot ACRE TRACT


















CampM No 44-20-0769
















Date August-1L 2020





Deed of Trust


-lt I ~




~ 9 i- C-i ) 0 0















000282




MORTGAGE SERVICER



























EXHIBIT A

Mot ACRE TRACT

























Date August-1L 2020





Deed of Trust


-lt I ~




~ 9 i- C-i ) 0 0















000282




MORTGAGE SERVICER



























EXHIBIT A

Mot ACRE TRACT











Date August-1L 2020





Deed of Trust


-lt I ~




~ 9 i- C-i ) 0 0















000282




MORTGAGE SERVICER



























EXHIBIT A

Mot ACRE TRACT

















000282




MORTGAGE SERVICER



























EXHIBIT A

Mot ACRE TRACT










000282




MORTGAGE SERVICER



























EXHIBIT A

Mot ACRE TRACT























EXHIBIT A

Mot ACRE TRACT














EXHIBIT A

Mot ACRE TRACT










EXHIBIT A

Mot ACRE TRACT








