9658-0463 2147031110 pg2 postpkg€¦ · 28/8/2017 · martin, troy martin, alexis martin, cassie...

middot]00099 NOTICE OF ACCELERATION AND NOTICE OF TRUSTEES 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 OF TRUST INFORMATION Date 08282017

Grantor(s) SARAH E LEVINGS A SINGLE WOMAN Original Mortgagee MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC SOLELY AS

NOMINEE FOR WALLICK AND VOLK INC ITS SUCCESSORS AND ASSIGNS Original Principal $13255400

Recording Information Instrument 2017020769 Property County Guadalupe

Property (See Attached Exhibit A) Reported Address 112 CHURCH ST SCHERTZ TX 78154

MORTGAGE SERVICING INFORMATION The Mortgage Servicer ifnot the Current Mortgagee is representing the Current Mortgagee pursuant to a Mortgage

Servicing Agreement Current Mortgagee Idaho Housing and Finance Association Mortgage Servicer Idaho Housing and Finance Association

Current Beneficiary Idaho Housing and Finance Association Mortgage Servicer Address 565 W Myrtle Boise ID 83702

SALE INFORMATION Date of Sale Tuesday the 6th day of July 2021 Time of Sale 11 OOAM or within three hours thereafter Place of Sale AT THE NORTH PORCH OF THE GUADALUPE COUNTY COURTHOUSE in

Guadalupe County Texas Or if the preceding area(s) isare no longer the area(s) designated by the Guadalupe County Commissioners Court at the area most recently designated by the Guadalupe County Commissioners Court

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 were declared to be immediately due and payable and

WHEREAS the original Trustee and any previously appointed Substitute Trustee has been removed and Deborah Martin Troy Martin Alexis Martin Cassie Martin Terri Martin Deanna Ray or Shelby Martin Braden Barnes Michael Burns Tori Jones or Suzanne Suarez any to act have been appointed as Substitute Trustees and requested to sell the Property to satisfy the indebtedness and

WHEREAS the undersigned law finn has been requested to provide these notices on behalf of the Current Mortgagee Mortgage Servicer and Substitute Trustees

NOW THEREFORE NOTICE IS HEREBY GNEN of the foregoing matters and that 1 The maturity of the Note has been accelerated and all sums secured by the Deed of Trust have been declared to be

immediately due and payable 2 Deborah Martin Troy Martin Alexis Martin Cassie Martin Terri Martin Deanna Ray or Shelby Martin Braden Barnes

Michael Burns Tori Jones or Suzanne Suarez 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 impediments to the sale of the Property and to any exceptions referenced in the Deed of Trust or appearing of record to the extent the same are still in effect and shall not cover any property that has been released from the lien of the Deed of Trust

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4 No warranties express or implied including but not limited to the implied warranties of merchantability and fitness for a particular purpose shall be conveyed at the sale save and except the Grantors warranties specifically authorized by the Grantor in the Deed of Trust The property shall be offered AS-IS purchasers will buy the property at the purchasers own risk and at his peril and no representation is made concerning the quality or nature of title to be acquired Purchasers will receive whatever interest Grantor and Grantors assigns have in the property subject to any liens or interests 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

Substitute Trustee(I) Deborah Martin Troy Martin Alexis Martin Cassie Martin Terri Martin Deanna Ray or Shelby Martin Braden Barnes Michael Burns Tori Jones or Suzanne Suarez any to act

Substitute Trustee Address 14841 Dallas Parkway Suite 425 Dallas TX 75254

Document Prepared by Bonial amp Associates PC 14841 Dallas Parkway Suite 425 Dallas TX 75254 AS ATTORNEY FOR THE HEREIN IDENTIFIED MORTGAGEE ANDOR MORTGAGE SERVICER

Certificate of Posting

I am whose address is 14841 Dallas Parkway Suite 425 Dallas TX 75254 I declare under penal of p rjury that on fCJ~-1-L~~-=~ I filed and or recorded this Notice of Foreclosure Sale at the office of the Guadalupe County C erk and caused it to be posted at the location directed by the Guadalupe County Commissioners Court

LOT 8 FISCHER ADDITION CITY OF SCHERTZ GUADALUPE COUNTY TEXAS AS DESCRIBED IN INSTRUMENT RECORDED IN VOLUME 196 PAGE 258 DEED RECORDS OF GUADALUPE COUNTY TEXAS

Return to Bonial amp Associates PC 14841 Dallas Parkway Suite 425 Dallas TX 75254

9658-0463 2147031110 PG2 POSTPKG

000124

l79TOLLERD 00000009233693 CIBOLO TX 78 l08

NOTICE OF (SUBSTITUTE) TRUSTEES 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 Date Time and Place of Sale

Date July 06 2021 Time The sale will begin at 11 00 AM or not later than three hours after that time Place THE NORTH PORCH OF THE GUADALUPE COUNTY COURTHOUSE OR AS DESIGNATED BY THE

COUNTY COMMISSIONERS or as designated by the county commissioners

2 Terms of Sale Cash

3 Instrument to be Foreclosed The Instrument to be foreclosed is the Deed of Trust or Contract Lien dated July 20 1999 and recorded in Document VOLUME 1450 PAGE 0395 real property records of GUADALUPE County Texas with CHARLES J NOEL AND VICTORIA NOEL grantor(s) and THE CIT GROUPSALES FINANCING INC mortgagee

4 Obligations Secured Deed of Trust or Contract Lien executed by CHARLES J NOEL AND VICTORIA NOEL securing the payment of the indebtednesses in the original principal amount of $9634570 and obligations therein described including but not limited to the promissory note and all modifications renewals and extensions of the promissory note US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR LEHMAN ABS MANUFACTURED HOUSING CONTRACT SENIORSUBORDINATE ASSET-BACKED CERTIFICATE TRUST SERIES 2001-B is the current mortgagee of the note and Deed of Trust or Contract Lien

5 Property to Be Sold The property to be sold is described in the attached Exhibit A

6 Mortgage Servicer Information The Mortgage Servicer is authorized to represent the Mortgagee by virtue of a servicing agreement with the Mortgagee Pursuant to the Servicing Agreement and Texas Property Code sect 510025 the Mortgage Servicer is authorized to collect the debt and to administer any resulting foreclosure of the lien securing the Property referenced above NEWREZ LLC FKA NEW PENN FINANCIAL LLC dba SHELLPOINT MORTGAGE SERVICING as Mortgage Servicer is representing the current mortgagee whose address is

C co NEWREZ LLC FKA NEW PENN FINANCIAL LLC dba SHELLPOINT MORTGAGE SERVICING r c -raquo -lt z c 55 BEATTIE PLACE -I I ~ -lt o MAILSTOP 015 ()

r-i gt GREENVILLE SC 29601 middot-middot x m -lt ~~ () cbullPi ccn w (1 Ibull)gt

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llll 1111111111111111111111111111 1111111111 1111111111111111111111111 llll lllll 111111111111111111 FCTX_NTSSrpt (11172020)-S Ver--03 NTSS00000009233693 Pagel of3

179TOLLERD 00000009233693 CIBOLO TX 78108

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 JS THE ATTORNEY OR AUTHORIZED AGENT OF THE MORTGAGEE OR MORTGAGE SERVICER

The undersigned as attorney for the mortgagee or mortgage servicer does herby remove the original trustee and all successor substitute trustees and appoints in their steed BRUCE NEYLAND OR ALLISON ASKEW whose address is co BARRETT DAFFIN FRAPPIER TURNER amp ENGEL LLP 4004 Belt Line Road Suite JOO Addison Texas 75001-4320 as Substitute Trustee who shall hereafter exercise all powers and duties set aside to the said original trustee under the said Deed of Trust and further does hereby request authorize and instruct said Substitute Trustee to conduct and direct the execution ol remedies set aside to the beneficiary therein

Israel Saucedo


My name is __________________ and my address is co 4004 Belt Line Road Suite 100

Addison Texas 75001-4320 I declare under penalty of perjury that on ___________ I filed at the office

of the GUADALUPE County Clerk and caused to be posted at the GUADALUPE County courthouse this notice of sale

Declarants Name ________________ _

Date ____________________ _

FCTX_NTSSrpt (I l17tl020)middotS Ver--03 Page 2of3


00000009233693 GUADALUPE

BEING A 0747 ACRE TRACT SIUTATED IN THE JERONIMO LEAL SURVEY A-210 GUADALUPE COUNTY TEXAS SAID 0747 ACRE TRACT IS THE RESIDUE OF A TRACT CALLED 500ACRES IN CONVEYENCE FROM JOHN C TAYLOR TO EDMOND W BUSCH RECORDED IN VOLUME 1023 AT PAGE 5IOOF THE OFFICIAL RECORDS OF SAID COUNTY AND BEING DESCRIBED BY METES AND BOUNDS AS FOLLOWS

BEGINNING AT A 12 INCH DIAMETER REBAR FOUND MARKING THE NORTH CORNER OF THE TRACT HEREIN DESCRIBED LYING AND BEING IN THE COMMON LINE OF SAID 500 ACRE TRACT AND COUNTY ROAD NO 373 (AKA TOLLE ROAD) AND BEING THE EAST CORNER OF OF A TRACT CALLED 0748ACRES DESCRIBED IN VOLUME 1396AT PAGE334

THENCE WITH THE NORTHEAST LINE OF THE TRACT HEREIN DESCRIBED SAME BEING A SEGMENT OF THE COMMON LINE OF SAID 500 ACRE TRACT AND SAID TOLLE ROAD S 28 DEGREES 37 36 E (CALLED S 28 DEGREES 33 05 E) 12017 FEET TO A 12 INCH DIAMETER REBAR FOUND AT A THREE-WAY FENCE CORNER MARKING THE EAST CORNER OF THE TRACT HEREIN DESCRIBED SAME BEING IN THE EAST CORNER OF SAID RESIDUE OF 500 ACRE TRACT AND THE NORTHEAST CORNER OF A TRACT CALLED 351 ACRES DESCRIBED IN VOLUME 1271 AT PAGE 421

THENCE WITH A FENCE ALONG THE SOUTHEAST LINE OF THE TRACT HEREIN DESCRIBED SAME BEING A SEGMENT OF THE COMMON LINE OF SAID RESIDUE OF 500ACRE TRACT WITH THAT OF SAID 351 ACRE TRACT S 61 DEGREES 13 31 W 27093 FEET (CALLED N 61 DEGREES 13 31 E 27082FEET IN VOLUME 1271 AT PAGE 421) TO A 12INCH DIAMETER REBAR FOUND AT A TWQWAY FENCE CORNER MARKING THE SOUTH CORNER OF THE TRACT HEREIN DESCRIBED SAME BEING THE SOUTH CORNER OF SAID RESIDUE OF 500 ACRE TRACT AND BEING A RE-ENTRANT CORNER OF SAID 351 ACRE TRACT

THENCE WITH THE SOUTHWEST LINE OF THE TRACT HEREIN DESCRIBED SAME BEING A SEGMENT OF THE COMMON LINE OF SAID RESIDUE OF 500 ACRE TRACT WITH THAT OF SAID 351 ACRE TRACT N 28 DEGREES 32 44 W 12000 FEET (CALLED S 28 DEGREES 34 40 E IN VOLUME 1271 AT PAGE 421) TO A 12 INCH DIAMETER REBAR FOUND MARKING THE WEST CORNER OF THE TRACT HEREIN DESCRIBED AND BEING THE SOUTH CORNER OF SAID 0748 ACRE TRACT

THENCE WITH THE NORTH WEST LINE OF THE TRACT HEREIN DESCRIBED SAME BEING THE COMMON LINE OF SAID RESIDUE OF 500 ACRE TRACT WITH THAT OF SAID 0748 ACRE TRACT N 61 DEGREES 11 21 E 27076 FEET (CALLED S 61 DEGREES 11 21 W 27076FEET IN VOLUME 1396AT PAGE 334) TO THE PLACE OF BEGINNING AND CONTAINING 0747 OF AN ACRE OF LAND

FCTX_NTSSrpt (11172020)-S Ver-03 Page 3 of3

00014 NOTICE OF FORECLOSURE SALE


I Property to Be Sold The property to be sold is described as follows

Lot 65 Block 2 Deer Creek Subdivision Section 1 Phase 8 in the City of Cibolo Guadalupe County Texas according to the plat thereof recorded in Volume 6 Page 334 Map and Plat Records of Guadalupe County Texas

2 Instrument to be Foreclosed The instrument to be foreclosed is the deerl of tii-ist recorded in ~ C -Document No 201999024495 of the real property records of Guadalupe County Texa ~ ~

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3 Date Time and Place of Sale The sale is scheduled to be held at the fo ~te pe lr1ac~middot place rri I J

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Date July 6 2021 gt25 -0 lt rr1 JC ~r n

Time The sale will begin no earlier than 1 00 pm or no later than three the~fterf1rhe S 0 ltgt

will be completed by no later than 400 pm i (Aj --lt Place Guadalupe County Courthouse in Seguin Texas the area designated by the Guadalupe

County Commissioners Court

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 The reposting 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 their bid immediately in cash if their bid is accepted

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 determine the nature and extent of such matters if any

Pursuant to the deed of trust the beneficiary 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 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 or any substitute trustee

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 Bruce Lee Esquivel and Mary Lou Esquivel

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 pennitted 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 $22865000 executed by Bruce Lee Esquivel and Mary Lou Esquivel and payable to the order of DFW Road Services Inc Jubrail Abbasi and Yousef Issa are the current owners and holders of the Obligations and are the beneficiaries under the deed of trust

Questions concerning the sale may be directed to the undersigned or to the beneficiaries Jubrail Abbasi and Yousef Issa at 8522 Vineyard Mist San Antonio TX 78255 or 2505 Hurstview Dr Hurst TX 76054

7 Default and Request to Act Default has occurred under the deed of trust and the beneficiary has requested 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

Dated June 9 2021

Roberto A Ramirez Substitute Trustee 14855 Blanco Rd Suite 102 San Antonio TX 78216 P 210-236-5452 ram irezrmz-law corn

000148

NOTICE OF TRUSTEES SALE

OWNER OF RECORD Sergio Martinez LIEN HOLDER Falcon Ridge Homeowners Association Inc AMOUNT OF LIEN $246848 (homeowner assessments late fees attorneys

fees and expenses) Does not include semi-annual assessment of $18500 to be levied July l 2021

PROPERTY ADDRESS 105 Wright Landing Cibolo Texas 78108 LEGAL DESCRIPTION Lot 15 Block 20 Falcon Ridge Subdivision Unit 3

Guadalupe County Texas

Notice is hereby given that the above-described Property is encumbered and the Owner is legally indebted to the lien holder in the amount set forth above for due but unpaid owners association assessments late fees legal expenses and filing fees levied and authorized pursuant to the Declaration of Covenants Conditions and Restrictions for Falcon Ridge Planned Unit Development executed on February 14 2002 recorded in Volume 1681 Page 309 Official Public Records of Real Property of Guadalupe County Texas as amended by the Certificate of Annexation to Declaration of Covenants Conditions and Restrictions for Falcon Ridge Planned Unit Development (Unit 3) executed on March 17 2003 recorded in Volume 1819 35 Official Public Records of Real Property of Guadalupe County Texas as amended Notice is further given that the amount of the Lien may increase if future assessments are not timely paid and said subsequent indebtedness will be secured by the Lien herein described

Falcon Ridge Homeowners Association Inc hereby gives notice that the above-described Property will be auctioned for sale at a public sale held at the place designated for public foreclosure auctions by the Commissioners of Guadalupe County Texas The sale shall commence no earlier than 1000 am on July 6 2021 The property will be sold to the highest bidder for cash or some other form of payment acceptable to the Lien Holder

Pursuant to the Texas Property Code the Owner of the Property may havea rijt n~ later than the 180th day after the date written notice of the sale is mailed to the Ownlt to rtdee~ the Property The purchaser at the foreclosure sale may not transfer ownership of o~ e a person other than the redeeming Owner during the redemption period

Executed on June 9 2021

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FALCON RIDGE HOMEOWNERS ~r-~ iSi

ASSOCIATION INC a Texas non-R corporation

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STATE OF TEXAS sect sect

COUNTY OF BEXAR sect

Before me the undersigned notary public on this day personally appeared Tom L Newton Jr acting on behalf of FALCON RIDGE HOMEOWNERS ASSOCIATION INC known to me or proved to me by presentation to me of a governmentally-issued identification card to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that they executed it for the purposes and consideration expressed in it

Given under my hand and seal of office on June 9 2021

AFTER RECORDING RETURN TO Tom L Newton Jr Allen Stein amp Durbin PC P 0 Box 101507 San Antonio Texas 78201

0528400552115519jh

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000150


OWNER OF RECORD A dale Y Moses LIEN HOLDER Cibolo Vistas Homeowners Association AMOUNT OF LIEN $479141 ($1175841 homeowner assessments and late

fees $303300 attorneys fees and expenses) Does not include semi-annual assessment of $16500 to be levied July 1 2021

PROPERTY ADDRESS 128 Vista Del Rey Cibolo Texas 78108 LEGAL DESCRIPTION Lot 41 Block 9 Cibolo Vistas Subdivision Phase 1


Notice is hereby given that the above-described Property is encumbered and the Owner is legally indebted to the lien holder in the amount set forth above for due but unpaid owners association assessments late fees legal expenses and filing fees levied and authorized pursuant to the Declaration of Covenants Conditions and Restrictions for Cibolo Vistas Phase- I and Providing for Cibolo Vistas Homeowners Association executed on March 23 2007 recorded in Volume 2457 Page 214 Official Public Records of Real Property of Guadalupe County Texas as amended Notice is further given that the amount of the Lien may increase if future assessments are not timely paid and said subsequent indebtedness will be secured by the Lien herein described

Cibolo Vistas Homeowners Association hereby gives notice that the above-described Property will be auctioned for sale at a public sale held at the place designated for public foreclosure auctions by the Commissioners of Guadalupe County Texas The sale shall commence no earlier than 1000 am on July 6 2021 The property will be sold to the highest bidder for cash or some other form of payment acceptable to the Lien Holder

Pursuant to the Texas Property Code the Owner of the Property may have a right not later than the 180th day after the date written notice of the sale is mailed to the Owner to redeem the Property The purchaser at the foreclosure sale may not transfer ownership of the Property to a person other than the redeeming Owner during the redemption period


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Before me the undersigned notary public on this day personally appeared Tom L Newton Jr acting on behalf of CIBOLO VISTAS HOMEOWNERS ASSOCIATION known to me or proved to me by presentation to me of a governmentally-issued identification card to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that they executed it for the purposes and consideration expressed in it



0591800452117381jh

-2-

000157

NOTICE OF NON-JUDICIAL FORECLOSURE SALE


WHEREAS on February 26 2021 one certain Deed of Trust to Secure Assumption of even date was executed by Reagan Schwab (Grantor) which was recorded on March 2 2021 in the Official Public Records of Guadalupe County Texas as Document No201299006898 (Assumption Deed of Trust) inuring to the benefit of Julie Schwab to secure Regan Schwabs assumption and payment of one certain Promissoiy Note dated August 12 2004 in the original principal sum of $28055800 executed by Reagan Schwab and Julie Schwab originally made payable to State Bank thereafter renewed and extended by Note dated Februaiy 4 2005 and transferred to Union Planters Bank N A dba Regions Mortgage (Note) and other obligations and covenants of Grantor under the Deed of Trust and other documents securing the Note As related to Note on August 12 2004 a Deed of Trust was executed by Julie L Schwab and Reagan K Schwab and recorded among the Official Public Records of Guadalupe County Texas on September 1 2004 as Document No 18345 and Volume 2056 Pages 0401-0413 which was renewed and extended by Deed of Trust executed Februaiy 4 2005 by same parties recorded among the Official Public Records of Guadalupe County Texas on Februaiy 16 2005 as Document No 05-03183 and Volume 2120 Pages 0102-0120 ( corporately Deed of Trust)

WHEREAS Julie Loftice (fka Julie Schwab) pursuant to a Decree of Divorce entered in Cause No 19-0789-CV-A on October 12 2020 in the 25th Judicial District Court of Guadalupe County Texas is the Beneficiaiy of the Assumption Deed of Trust (Loftice) and

WHEREAS the undersigned have been appointed Substitute Trustee in the place of the said original Trustee upon the contingency and in the manner authorized by the Deed of Trust and by law and

WHEREAS default as same is defined in the Note andor the Deed of Trust andor the Assumption Deed of Trust has occurred an Affidavit of Advancements was recorded in the Official Public Records of Guadalupe County Texas and the outstanding indebtedness for the Advancements i now wholly due and

n11QU Loftice the Beneficiaiy has requested the undersigned to sell the real property ssumption Deed of Trust to satisfy all or a portion of the said indebtedness as

of Trust as related to the Advancements and - Ct S the sale as per the Assumption Deed of Trust is subject to (i) the ing mortgage debt as per the Promissory Note dated August 12 2004 in the tu a111ttidQlitlJlsum ofS28055800 executed by Reagan Schwab and Julie Schwab originally poundt

- gt-~ _ Pag1111of45 Bl I I IPosting Ntc July Sale

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made payable to State Bank thereafter renewed and extended by Note dated February 4 2005 and transferred to Union Planters Bank NA dba Regions Mortgage (Note) (ii) judgments of record and (iii) any other sums owed by Grantor under the Deed of Trust securing the Note

NOW THEREFORE NOTICE IS HEREBY GIVEN that on Tuesday July 6 2021 beginning at 1 00 pm or not later than three hours after that time any Substitute Trustee appointed by the holder of the Note will sell the following described real property to the highest bidder for cash subject to the unpaid balance due and owing on any lien indebtedness affecting the property which is superior to the Deed of Trust at the Courthouse of Guadalupe County Texas in the area designated by the Commissioners Court of such County or if no such area has been so designated then at the place where non-judicial foreclosure sales of real property are customarily and regularly held in Guadalupe County Texas which Real Property described as follows

A 16066 acre tract being the same property described by Deed recorded in Volume 2105 Page 621 Official Records of Guadalupe County Texas out of theJamesMurphySurveyAbstract241GuadalupeCounty Texassaidparcel being more particularly described in Exhibit A attached hereto and made a part hereof for all intents and purposes

Together with all improvements on the property all rights and appurtenances running with the land and rents if any described in and secured by the Deed of Trust including but not limited to Rents The term Property shall include the Real Property and all other descriptions of property described herein and in the Assumption Deed of Trust and the Deed of Trust

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

The Property to be sold is the same property described in said Deed of Trust except as same may have been modified of record

THE SALE OF THE PROPERTY IS AS IS AND WHERE IS AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND BY THE SUBSTITUTE TRUSTEE(S) EXPRESS IMPLIED STATUTORY QUASI-STATUTORY OR OTHERWISE ANY WARRANTYOFMERCHANTABILITYORFITNESSFORAPARTICULARPURPOSEBEING EXPRESSLY DISCLAIMED NEITHER THE OWNER OF THE PROMISSORY NOTE NOR THE SUBSTITUTE TRUSTEE(S) MAKES ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO COMPLIANCE WITH LAWS RULES AGREEMENTS OR SPECIFICATIONS NOR WITH RESPECT TO CONDITION QUALITY CAP ACITYDESIGN OPERATION ABSENCE OF ANY LATENT DEFECTS OR ANY OTHER WARRANTY OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE PROPERTYALL OF WHICH ARE EXPRESSLY WAIVED BY PURCHASER PROSPECTIVE BIDDERS ARE ADVISED

Page2or 4 82 I l llPosting Ntc July Sale

TO CONDUCT AN INDEPENDENT INVESTIGATION OF THE NATURE AND PHYSICAL CONDITION OF THE PROPERTY

Therefore notice is given that on and at the date time and place for the Foreclosure Sale described above Substitute Trustee will sell the Property in accordance with the Terms of Sale described above the Assumption Deed of Trust the Deed ofTrust and applicable Texas law Again the Foreclosure Sale as per the Assumption Deed of Trust is subject to the (i)underlying existing mortgage as per the Promissory Note dated August 12 2004 in the original principal sum of $28055800 executed by Reagan Schwab and Julie Schwab originally made payable to State Bank thereafter renewed and extended by Note dated February 4 2005 and transferred to Union Planters Bank NA dba Regions Mortgage (Note) (ii) judgments of record and (iii) any other sums owed by Gran tor under the Deed of Trust securing the Note If Lender passes the Foreclosure Sale notice of the date of any rescheduled foreclosure sale will be reposted and refiled in accordance with the posting and filing requirements of the Deed ofTrust and the Texas Property Code

The Foreclosure Sale will be made expressly subject to any title matters set forth in the Deed of Trust but prospective bidders are reminded that by law the Foreclosure Sale will necessarily be made subject to all prior matters of record affecting the Property if any to the extent that they remain in force and effect and have not been subordinated to the Deed of Trust For the avoidance of doubt the Foreclosure Sale will not cover any part of the Property that has been released of public record from the lien andor 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 5 l 0075(a) of the Texas Property Code Substitute Trustee(s) 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(s)

IN WITNESS HEREOF this instrument has been executed to be effective the ~of June 2021

Offices of Elizabeth G Smith 6655 First Park T Suite 240 San Antonio TX 78213 P 210-731-9156 F 210-731-9130 Cell 210-861-3959 AndOr Jim Mills Susan Mills George Hawthorne Ed Henderson Kyle Walker and Brittany Parette on behalf of AbstractsTrustees ofTexas PO Box 9932 Austin TX 78766 P 512-340-0331 F 512-340-0226

Page3 of 4 B2111Posting Ntc July Sale

After Recording Return to Law Offices of Elizabeth G Smith 6655 First Park Ten Suite 240 San Antonio Texas 78213

Page4of 4 B2111 Posting Ntc July Sale

000160

Rpound CC i ~DED NOTICE OF NON-JUDICIAL FORECLOSURE SALE

01UIN 15 PH 3 56 Assert and protect your rights as a member of the armed forces of the Umted States If you

-- ~~ff mJtv8enring on active military duty including active military duty as a i the exas National Guard or the National Guard of another state or as a member

the armed forces of the United States please send written notice of rvice to the sender of this notice immediately

WHEREAS on February 26 2021 one certain Deed of Trust to Secure Assumption of even date was executed by Reagan Schwab (Grantor) which was recorded on March 2 2021 in the Official Public Records of Guadalupe County Texas as Document No 201299006898 ( Assumption Deed of Trust) inuring to the benefit of Julie Schwab to secure Regan Schwabs assumption and payment of one certain Promissory Note dated August 12 2004 in the original principal sum of $28055800 executed by Reagan Schwab and Julie Schwab originally made payable to State Bank thereafter renewed and extended by Note dated February 4 2005 and transferred to Union Planters Bank N A dba Regions Mortgage (Note) and other obligations and covenants of Grantor under the Deed of Trust and other documents securing the Note As related to Note on August 12 2004 a Deed of Trust was executed by Julie L Schwab and Reagan K Schwab and recorded among the Official Public Records of Guadalupe County Texas on September 1 2004 as Document No 18345 and Volume 2056 Pages 0401-0413 which was renewed and extended by Deed of Trust executed February 4 2005 by same parties recorded among the Official Public Records of Guadalupe County Texas on February 16 2005 as Document No 05-03183 and Volume 2120 Pages 0102-0120 ( corporately Deed of Trust)

WHEREAS Julie Loftice (fka Julie Schwab) pursuant to a Decree of Divorce entered in Cause No 19-0789-CV-A on October 12 2020 in the 25 th Judicial District Court of Guadalupe County Texas is the Beneficiary of the Assumption Deed of Trust (Loftice) and


WHEREAS default as same is defined in the Note andor the Deed of Trust andor the Assumption Deed of Trust has occurred an Affidavit of Advancements was recorded in the Official Public Records of Guadalupe County Texas and the outstanding indebtedness for the Advancements is now wholly due and

WHEREAS Loftice the Beneficiary has requested the undersigned to sell the real property described in the Assumption Deed of Trust to satisfy all or a portion of the said indebtedness as defined in the Deed of Trust as related to the Advancements and

WHEREAS the sale as per the Assumption Deed of Trust is subject to (i) the underlying existing mortgage debt as per the Promissory Note dated August 12 2004 in the original principal sum of $280SSS00 executed by Reagan Schwab and Julie Schwab originally

Page I of 4 B2111Posting Am Ntc July Sale



A 16066 acre tract being the same property described by Deed recorded in Volume 2105 Page 621 Official Records of Guadalupe County Texas out of the James Murphy Sunrey Abstract 241 Guadalupe County Texas said parcel being more particularly described in Exhibit A attached hereto and made a part hereof for all intents and purposes


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


THE SALE OF THE PROPERTY IS AS IS AND WHERE IS AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND BY THE SUBSTITUTE TRUSTEE(S) EXPRESS IMPLIED STATUTORY QUASI-STATUTORY OR OTHERWISE ANY WARRANTY OF MERCHANT ABILITY OR FITNESS FORA PARTICULAR PURPOSE BEING EXPRESSLY DISCLAIMED NEITHER THE OWNER OF THE PROMISSORY NOTE NOR THE SUBSTITUTE TRUSTEE(S) MAKES ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO COMPLIANCE WITH LAWS RULES AGREEMENTS OR SPECIFICATIONS NOR WITH RESPECT TO CONDITION QUALITY CAP A CITY DESIGN OPERATION ABSENCE OF ANY LATENT DEFECTS OR ANY OTHER WARRANTY OR REPRESENTATIONS WHATSOEVER WITHRESPECTTOTHEPROPERTYALLOFWHICH ARE EXPRESSLY WAIVED BY PURCHASER PROSPECTIVE BIDDERS ARE ADVISED

Page2of 4 B21 l lPosting Am Ntc July Sale


Therefore notice is given that on and at the date time and place for the Foreclosure Sale described above Substitute Trustee will sell the Property in accordance with the Terms of Sale described above the Assumption Deed of Trust the Deed of Trust and applicable Texas law Again the Foreclosure Sale as per the Assumption Deed of Trust is subject to the (i)underlying existing mortgage as per the Promissory Note dated August 12 2004 in the original principal sum of $28055800 executed by Reagan Schwab and Julie Schwab originally made payable to State Bank thereafter renewed and extended by Note dated February 4 2005 and transferred to Union Planters Bank NA dba Regions Mortgage (Note) (ii) judgments of record and (iii) any other sums owed by Gran tor under the Deed of Trust securing the Note If Lender passes the Foreclosure Sale notice of the date of any rescheduled foreclosure sale will be reposted and refiled in accordance with the posting and filing requirements of the Deed of Trust and the Texas Property Code


Pursuant to section 51007 5( a) of the Texas Property Code Substitute Trustee( s) 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(s)

iImiddotJL_ IN WITNESS HEREOF this instrument has been executed to be effective the) day of

June 2021

E 1zabe mithLaw ffices ofuiLltaueth G Smith 6655 First Park Ten S te 240 San Antonio TX 78213 P 210-731-9156 F 210-731-9130 Cell 210-861-3959 AndOr Jim Mills Susan Mills George Hawthorne Ed Henderson Kyle Walker and Brittany Parette on behalf of AbstractsTrusteesofTexas PO Box 9932Austin TX78766 P 512-340-0331 F 512-340-0226

Page 3 of 4 B2111Posting Am Ntc July Sale

Mter Recording Return to Law Offices of Elizabeth G Smith 6655 First Park Ten Suite 240 San Antonio Texas 78213

Page4of 4 B211 l Posting Am Ntc July Sale

EX tt I BI l A

FlELDNOTES Augus16200il

DEfNG l6J)66 acres of land more or less Olll of the James Murphy Survey Absuact 241 Ouadallle County Tcus and also being our or a 514 acre tract described in Volume 493 Page 446 of tile Deed Record or ~upe ~unty Tf_XIS aad ~UW mote pattlcularly described as follows _

BEGJNNINCJ at 111 Iron rod round b1 the existing northwest RO W line of 1n1emaie Highway JO for die mos1 easterly comer of this tract Rid puinf also bciog Uic most sautherl)bull corner of a 42770 llCte tract described iu Volume lm Page 954 of the Official Recotd or Guadalupe Co1111ty 1exas

TIISNCB S 692700W (Ref Brg) 56409 feet aloog said aorlhwast ROW Uae to an lroo rod m u a brotai commm marker for a corner of thiJ tract IIIJl1 lite most easterly corner of a 35al acre tract describid iu Volume 321 Page t6 oftbt Deed Records of Gwulaltlfll County fe~

THENCE along the common llac wllh 58Jd 3 bull 567 acre uaa as follows N 29bull13bull39bullbull W 19240 reer l0 an JrQn rod set at I broken coucre1e 1mrbr N 39bull09bull39 W ISOOD flt 10 an irou md set N 69bull59bull09bull W l0000 feet 10 m iron rod set our a btulten couere1e marker s 79H2J W lS000 reeuo au irou rod seura biolceti coocntc marku S 58012r W 560 Cccl uua iron rud set 111 broken concete marker IJld N76degS839bullW 14140 ampetto an irouod eta a broken COIICfeleumrker in the lllisdag

norlbcasl R0W lbie or Sllhwab Road COWJty Road 1311) for a conur of 1111s UICt

11lBNCE N 2amp-0936bull W 23910 Ccct aloqnid wirtheast ROV llne to a pip fcnccconier post found In same for the most westerly comer of diiJ uacr aac1 lhe most southedy corner or an 8234 acre tract described in Volume 483 Page 617 of the Deed Records of Guadalupe County Tew

THENCE N 59deg21 50 E 102968 feet aloog tM COD1D1on line wid1 ampaid 8234 acre ttac1 lo au iron rod ou11d in same for the QIOSt llOtberly come( of this tract and tllc most tuJrtbeasterly comer of he above refcreuced S l 4 acre tmf

THENCS S 302253bull E 9lM4 feet along tilt common line willt said 42770 aac UlCI CO tile POINT Of BEGlNNJNO and co111ainln l6066 acres of Jaod more er less

4 No warranties express or implied including but not limited to the implied warranties of merchantability and fitness for a particular purpose shall be conveyed at the sale save and except the Grantors warranties specifically authorized by the Grantor in the Deed of Trust The property shall be offered AS-IS purchasers will buy the property at the purchasers own risk and at his peril and no representation is made concerning the quality or nature of title to be acquired Purchasers will receive whatever interest Grantor and Grantors assigns have in the property subject to any liens or interests 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

Substitute Trustee(I) Deborah Martin Troy Martin Alexis Martin Cassie Martin Terri Martin Deanna Ray or Shelby Martin Braden Barnes Michael Burns Tori Jones or Suzanne Suarez any to act

Substitute Trustee Address 14841 Dallas Parkway Suite 425 Dallas TX 75254

Document Prepared by Bonial amp Associates PC 14841 Dallas Parkway Suite 425 Dallas TX 75254 AS ATTORNEY FOR THE HEREIN IDENTIFIED MORTGAGEE ANDOR MORTGAGE SERVICER


I am whose address is 14841 Dallas Parkway Suite 425 Dallas TX 75254 I declare under penal of p rjury that on fCJ~-1-L~~-=~ I filed and or recorded this Notice of Foreclosure Sale at the office of the Guadalupe County C erk and caused it to be posted at the location directed by the Guadalupe County Commissioners Court

LOT 8 FISCHER ADDITION CITY OF SCHERTZ GUADALUPE COUNTY TEXAS AS DESCRIBED IN INSTRUMENT RECORDED IN VOLUME 196 PAGE 258 DEED RECORDS OF GUADALUPE COUNTY TEXAS

Return to Bonial amp Associates PC 14841 Dallas Parkway Suite 425 Dallas TX 75254

9658-0463 2147031110 PG2 POSTPKG

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Israel Saucedo






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FCTX_NTSSrpt (I l17tl020)middotS Ver--03 of3


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Notice is hereby given that the above-described Property is encumbered and the Owner is legally indebted to the lien holder in the amount set forth above for due but unpaid owners association assessments late fees legal expenses and filing fees levied and authorized pursuant to the Declaration of Covenants Conditions and Restrictions for Falcon Ridge Planned Unit Development executed on February 14 2002 recorded in Volume 1681 Page 309 Official Public Records of Real Property of Guadalupe County Texas as amended by the Certificate of Annexation to Declaration of Covenants Conditions and Restrictions for Falcon Ridge Planned Unit Development (Unit 3) executed on March 17 2003 recorded in Volume 1819 Page 135 Official Public Records of Real Property of Guadalupe County Texas as amended Notice is further given that the amount of the Lien may increase if future assessments are not timely paid and said subsequent indebtedness will be secured by the Lien herein described





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A 16066 acre tract being the same property described by Deed recorded in Volume 2105 21 Official Records of Guadalupe County Texas out of theJamesMurphySurveyAbstract241GuadalupeCounty Texassaidparcel being more particularly described in Exhibit A attached hereto and made a part hereof for all intents and purposes















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9658-0463 2147031110 pg2 postpkg€¦ · 28/8/2017 · martin, troy martin, alexis martin, cassie...

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