January 2016 Foreclosure Sale

Transcription

January 2016 Foreclosure Sale
NOTICE OF SUBSTITUTE TRUSTEE'S SALE
CHAMBERS County
Deed of Trust Dated: June 15, 2005
Amount: $140,800.00
Grantor(s): SHIELA JOHNSON
Original Mortgagee: FIRST FRANKLIN A DIVISION OF NAT. CITY BANK OF IN
Current Mortgagee: Deutsche Bank National Trust Company, as Trustee for FFML T Trust 2005-FF8, Mortgage PassThrough Certificates, Series 2005-FF8
Mortgagee Servlcer and Address: c/o SPECIALIZED LOAN SERVICING LLC, 8742 Lucent Blvd. Ste. 300, Highlands
Ranch, CO 80129-2386
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
Recording Information: Volume 05 787, Page 713
Legal Description: SEE EXHIBIT A
Whereas, an Order to Proceed with Expedited Forecfosure under the Texas Rule Civil Procedure 736 was entered on
May 25, 2015 under Cause No. CV29216 in the 253rd Judicial District Court of CHAMBERS County, Texas
Date of Sale: January 5, 2016 between the hours of 10:00 AM and 1:00PM.
Earliest Time Sale Will Begin: 10:00 AM
Place of Sale: The foreclosure sale will be conducted at public venue in the area designated by the CHAMBERS 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 wUI be conducted at the place where the Notice Trustee 's
Sale was posted.
bt
TOMMY JACKSON OR TIFFANY BEGGS , RON HARMON OR CAROLYN CICCIO 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 Mohgagors 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 militarv duty may have special rights or relief related to this notice under federal law including the
Servicemembers Cjvil Relief Act (50 U.S.C. apo. Section 501 et seq.), and state law. including Section 51.015 Texas Property Code.
A5sert and protect your rights as a member of the anned forces of the United States. If you are or your spouse is serving
on active military dutv. including active military duty as a member of the Texas Natjonal Guard or the National Guard of
another state or as a member of a reserve component ot the armed forces of the United States. please send written notjce
of the active duty military service to the sender of this notice.
THTS INSTRUMENT APPOINTS TFfE SUBSTITUTE TRUSTEE(S) lDENTIFJED TO SELL THE PROPERTY DESCRTBED TN THE
SlfCURfn' fNSTRUMENT lDENTIFrED lN THIS NOTrCE Of' SALE THE PERSON SIGNfNG THlS NOTrCE IS TffE
ATTORNEY AlJTHORIZ£0 AGF:NT OF THE MORTGAGEE OR MORTGAGE SERVlCER
-----1
KRISTEN BATES, ATTORNEY AT LAW
HUGHES. WATTERS & ASKANASE, L.L.P.
333 Clay, Suite 2900
Houston, Texas 77002
Reference: 2014-021772
c/o Tejas Trustee Services
4100 M1dway Rd Ste I 0-tO
Carrollton, TX 75007
EXHIBIT ''A'1
FIELD NOTES of a 1.000 acre tract of land sitt1r1ted In the. W.O. SNITH SURVEY, A.S~TRACT NO. 231 CHAMEE.l{S
COUNTY, TEXAS, being out of and a part of a 3.1 ~ acr~ tract of lar.d conveyed to SHEUA JOHNSON by
SOL'THEM EXECUTlVE t<1ANAGENENT, INC, In Deed dated Jul)<14, 2003, and recorded in Volume 537 at P<~ge
631 of the Official Public Re..-ords of Chambers Cixmty, TEXas, ;;nd a par{ of the residue of LOT 18 of the JOHN
BEAZLEY SUBDIVJSION, recorded in Volurre 2 at Page 43 of the Map Records of Chambers County, Texas. This
LOOOacre !n:lct of rand is more pllrticu!arly described by metes ar.d bounds as.fellows, to-wlt:
NOTE: BEARINGS ARE BASED ON DEED BEA?JJJGS N~D FOUND WvNU~·1f~lTS IN THE EAST !JNE OF SAID 3.190
ACRE TRACT OF tAN D. R="FERENq': IS MAD£ 10 Pl..A,T OF EVErt DAIT ACCOMPANYING THIS V!ETES MID
ECUNDS DESCJUPT!ON.
8EG!i'iNlNG at an "X" found !n concrete for the Northeast corner of this tract efland, the Northeast corner of sa!d
3.190 acre tract, the Northeast comer said residue of LOT 18, at the int"rsection of the South right-of·way line
t-1cK!NNEY ROAD, 60 fuot right-of-way, and the West rlgf!t-.of-'.WJY !!ne of 0"'-.EAN DRIVE, 15D foot right-of-way.
THENCE SOU'l111J0 12' 00"' WF;Sf wlth the East 11ne of th{s tr.ad: of lam:!; the East line of sa!d 3.190 aQ'l'! tra-ct,
the .Et~stline of said resid41-e of LOT 18 i>lld the Wes.~ r!ght..,_,f.y,oay line of OCF..A.\! DRIVE a disttmce of171.29 f!!cet:
to a !h Inch Iron rod set fur the Soothe<>.!lt corne.r of this tract of land.
TP.ENCE NORTH 750 48' 00" Vv'Q""T with the South l!r.e of this tract of land, ov<>.r and aaoss said 3,190 acre tract
and resklt.~e or LOT 18 a dis!<ince of 342.00 feet to a lf.l inch lmn roo set for t"'e Southwest corner of tf!ls tract of
- !and, in the west Une of said 3.190 acre tract and in a cuNa to tlle .right ln the East right-of-way !ir;e of f.M.
Highway No. 2354; 120 foot rfght-of-vmy.
THENCE ln a Northerly dlred:lon l".'ith the west !ine of this tract of land, the west ilne of said 3.190 acre tract and
said residue of LOT :1.8, the East right-of-way r~rn: of F.M. Highway 2351 and said c:.Jrve having a centra! angle of
01 o 45' !$", a radius of 2804.79 i'eet, an arc length of $5.91 feet,. a cnord bearing of NORTH 160 26' 19" EAST
ilnd a d\ord length of 85.91 feet to a pclr.t in COilcrt>.te for the Northw~-t comer of this tract or land, the
Northwest comer of said 3.1!10 acre: tract, fue Northwest corner of safd reslc1ve. of LOT 1S, in the South right·of·
way line of Nc:KINNEY ROAD. From this corner an ''X'' ln toncrece found bears NORTH 050 lil' 58" EAST a
distance of 0.11 feet.
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NOTICE OF ACCELERATION AND NOTICE OF TRUSTEE'S SALE
PEED OF TRUST INFORMATJON:
Date:
03/06/2003
Grantor(s):
JAMES MONROE GRAY HUSBAND AND WlFE (NON PURCHASING SPOUSE)
VALERIE W GR.AY
NATIONAL CITY MORTGAGE CO.
Original Mortgagee:
$73,384.00
Original Principal:
Book 03 606 Page 808
Recording Information:
Chambers
Property County:
Property:
HELD NOTES OF A 3.691 ACRE OF LAND SI11JATED TN THE VINCB-ff BARROW
LEAGUE.. ABSTRACT Jlo,flTMBER 39, CHAMBERS COU1'.'TY, TEXAS, BETNG ALL OF A
2.5 ACRE TRACT OF LAND CO'Nv'EYED TO HA YES ALBRITTON, ET UX, BY G.M.
SPEIGHTS. ET UX, BY DEED DATED NOVEMBER 22, 1947, AND RECORDED 1N
VOLUME 105 AT PAGE 503 OF THE DEED RECORDS OF CHAi'vIBERS COUNTY,
TEXAS, Al'\JD A CALLED 1.194 ACRE TRACT OF L;~l\ID CONVEYED TO HAYES
ALBR11TON,, ET UX, BY SOPWE L SPEIGHTS, ET AL, BY DEED DATED M-\RCH 16,
1956, ANTI RECORDED fN VOLUME 175 AT PAGE 120 OF THE DEED RECORDS OF
CHAMBERS COUNTY, TEXAS.
THIS 3.691 ACRE TRACT OF LAND rs MORE PARTICULARLY DESCRIBED BY
!vlETES AND BOUNDS AS FOLLOWS, TO-\VlT:
NOTE: BEARINGS ARE BASED ON DEED BEAIUNGS Al'ID FOUND MONUMENTS lN
THE '\VEST LIEN OF SAID 2.5 ACRES. REFERENCE IS MADE TO PLAT OF EVEN
DATE ACCOMPANYING THIS METES AND BOUNDS DESCRTPTlON.
BEGfi\i'NING AT A 1/ !NCH TRON PIPE FCH.JI-m FOR THE NORTHWEST CORr\'ER OF
THIS TR.ACT OF LAND, THE NORTH\VEST COirnER OF SAID 2.5 ACRES. THE
SOUTHWEST CORt\1ER OF A 4.66 ACRE TRACT OF LAND CONVEYED TO BOLIVAR
E. ALLMON, SR., EX UX, BY ERSULA STURROCK BY DEED DATED DECEMBER 29,
1994, A.ND RECORDED IN VOLUME 225 AT PAGE 212 OF THE OFFICL\L PUBLIC
RECORDS OF CHAMBERS COUNTY, TEXAS, AND TN THE EAST UNE OF A 10 ACRE
TRACT OF LAND CONVEYED TO JESSIE JAMERSON, ET UX, BY NANCY BARRO\V
STARKE BY DEED DATED MAY 5, 1972, AND RECORDED lN VOLrnvrn 334 AT
PAGE 567 OF THE DEED RECORDS OF CHAl\IBERS COUNTY.TEXAS, FROM THIS
COR."'iER A 317 lNCH !RON PlPE FOUND BEARS NORTH 56 DEGREES 20'l0" EAST A
DISTANCE OF 0.89 FEET.
THENCE NORTH 89 DEGREES JI' 00" EAST wrrn THE NORTH LINE OF TH1S
TRACT OF LAJ\/1), TifE NORTH UNE OF SAfD 2.5 ACRES, THE NORTH LINE OF
SAID CALLED 1.194 ACRES, AND nm SOUTH LINE OF SAID 4.66 ACRES A
DISTANCE OF 524.67 FEET TO A .I TNCH IRON PIPE FOUND FOR THE NORTHEAST
COR."'iER OF THIS TRACT OF LAND, THE NORTHEAST CORNER OF SA1D CALLED
Ll 94 ACRES, AND THE NORTHWEST CORNER OF A 0.88 OF AN ACRE TRACT OF
LAND COl'•NEYED TO K.W. RHAME, ET UX, BY Al\;'NA BELLE JOHNSON,
EXECUTRIX , BY DEED DATED JULY2l, 197!, AND RECORDED TN VOUJME 326 AT
PAGE 376 OF nm DEED RECORDS OF CHAMBERS COUNTY, TEXAS.
THENCE SOUTH 01 DEGREES 00' 00" EAST WITH THE EAST LlN"E OF THIS TRACT
OF LA'l\!D, THE EAST LINE OF SAJD CALLED 1.194 ACRES, AND THE WEST UNE OF
SAJD 0.00 OF AN ACRE TRACT A DISTANCE OF 307.83 FEET TO A l INCH PrPE
FOUND FOR SOUTHEAST CORNER OF THIS TRACT OF LAND, THE SOUTHEAST
CORNER OF SAID CALLED 1.194 ACRES, nm SOUTHWEST CORNER OF SATD 0.88
OF AL~ ACRE TRACI', AJ'-.JD lN THE NORTH RIGHT OF WAY LINE OF SPEIGHTS
ROAD, 30FOOT WIDE RIGHT OF WAY .
THENCE SOUTH 89 DEGREES 23' 23'' WEST WITH THE SOUTH LLNE OF THlS
TRACT OF LAND, THE SOUTH LIN'E OF SAID CALLED 1.194 ACRES, AND THE
NORTH Lf!\'E OF SATO SPEIGHTS ROAD A DISTANCE OF 168.85 FEET TO A% INCH
TRON PIPE FOUND FOR AN ANGLE CORNER OF THfS TRACT Of LAND. THE
SOUTHWEST COR.NER OF SAfD CALLED 1.497 ACRES. AND 11fE SOUTHEAST
CORNER OF SAID 2.5 ACRES.
THENCE SOUTH 89 DEGREES 35' 00" WEST WITH THE SOUTH L1J'1E OF TI-JJS
TRACT OF LAND, THE sounr LINE OF SAID 2.5 ACRES, A1'm THE NORTH LINE OF
SPETGHTS ROAD A DTSTANCE OF 355.85 FEET TO A I TNCH TRON PlPE FOUND FOR
THE SOUTHWEST CORNER OF THIS TRACT OF LAND, THE SOUTHWEST CORNER
OF SAID 2.5 ACRES, A.~D THE SOUTHEAST CORNER SAID 10 ACRES
THENCE NORTH 01 DEGREES 00' 00" \VEST \\1TH THE WEST LfEN OF THJS TRACT
OF LAND, Tl-IE WEST LlEN OF SAID 2.5 ACRES, A1
1\ID THE EAST LlNE OF SAJD JO
ACRES A DISTANCE OF 304.74 FEET TO THE PLACE OF BEGfNNING, CONTAINING
3.691 ACRES OF LAND. MORE OR LESS.
Reported Address :
142 SPEIGHTS RD, HANK.AMER TX 77560
MORTGAGE SERVICING INFQR,_1\1.ATION:
The Mortgage Servicer, if not the Current Mmtgagee, is repre.senting the Current Mortgagee pursuant to a Mortgage
SelVicing Agreement.
Current Mortgagee :
PNC Bank, National Association
Mortgage Servicer:
PNC Mortgage
Current Beneficiary:
PNC Bank, National Association
Mortgage Servicer Address: 3232 Newmark Drive, Miamisburg, OH 45342
SALE INFORMATION:
Date of Sale:
9539-N-1608
Tuesday, the 5th dny of January, 2016
2146966405
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INSIDE THE COURTHOUSE ON THE EASTERN-MOST STEPS OF THE SECOND
LEVEL (MrDDLE FLOOR) in Chambers County, Texas, or, if the preceding area is no longer
the designated area, at the area most recently designated by the Chambers County
Comrnisf)ioner's Court.
Substitute Trustee(s):
Tommy Jackson, Ron llam10n, Evan Press, Amy Bowman, Reid Ruple, Mathew Wolfson,
David Russell, Dann Porter, Cluis Demerest, Kelley Bums, Tanya Graham. Daniel Willsie,
Leb Kemp. Traci Yeaman, Wes \Vheat.. Dana Dcncn, Cindy Denen. Vince Ross, Cristina
Camarara, Sammy llooda, Michael Burns. Alexander Wolfe, Suzanne Suarez or Adam
Womack, any to act
Substitute Trustee Address: 14841 Dallas Parkway, Suite 425, Dallas. TX 75254
Time of Sale:
Place of Sale:
WHEREAS, the above-named Grantor previously C0t1\'cyed rhe abo\'e described property in tmst to secw-e payment of
the Note set fotth in the above-described Deed ofTrnst; and
WHEREAS, a default under the Note and Deed of Trust was declared; such default was reported LO not have been
cured; and all sums secured by such Deed ofTrnst were declared to be immediately due and payable; and
WHEREAS, the original Trustee and any previously appointed Substitute Trustee has been removed and Tommy
Jackson, Ron Ham1on, Evan Press, Amy Bowman, Reid Ruple, Mathew Wolfson, David Russell. Dann Porter, Chris
Demerest, Kelley Burns, Tanya Graham, Daniel Willsie, Leb Kemp, lnici Yeamau, Wes Wheat, Dana Denen, Cindy Denen,
Vince Ross, Cristina Camarata, Sammy Hooda, Michael Bums, Alexander Wolfe, Suzanne Suare1: or Adam Womack, any to
act. have been appointed as Substitute Trustees and requested to sell the Property to satisfy the indebtedness; and
WlIEREAS, the undersigned law finn has been requested to provide these notices on behalf of the Cuffent Mortgagee,
Mortgage Servicer and Substitute Trustees;
NOW, THEREFORE, NOTJCE IS HEREBY GIVEN of the foregui11g matters and that:
J. The maturity of the "!"ote has been accelerated and all sums secured by the Deed ofTmst have been declared to be
immediately due and payable.
2. Tommy Jackson, Ron Harmon. Evan Press, Amy Bowman, Reid Ruple. Mathew Wolfson, David Russell, Dann Polter,
Chris Demerest, Kelley Burns. Tanya Graham, Daniel Willsie. Leb Kemp. Traci Yeaman, Wes Wheat. Dana Denen, Cindy
Dcnen, Vince Ross. Ciistiua Camarata. Sammy Hooda, Michael Burm, Alexander Wolfe, Suzam1e Suarez or Adam
Womack, any to act, as Substitute Trustee will sell the Property to the highest bidder for cash on the dak, al the place, and
no earlier than the time set forth above in the Sale lnformation section of this notice. The sale will begli1 within three hours
after that time.
3. This sale shall be suqject to any legal impediments to the sale of the Property and to any exceptions referenced in the Deed
ofTrnst or appearing of record to the exrent the same are still in effect and shall not cover any property that has been
released from the lien of the Deed of Trust.
4. Nu warranties, expre.ss or implied, including hut not limited to the implied warranties of merchantability and fitness for a
particular purpose shall ht! conveyed at the sale, save and except the Granror's warranries specifically authorized by the
Grantor in the Deed of Tm st. The property shall be offered "AS-IS", purchasers will buy the property "at the purchaser's
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 Grantor's assigns have in the property, su~iect to any liens or interests
of any kind that may survive the sale. Interested persons are encouragrd to consult counsel of their choice prior to
participating in the sale of the property.
~mlyy ours.
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NOTICE OF FORECLOSURE SALE
I. Pr<IJJerty to Be Sold. The property lo
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wld
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de,aibe<l as follows:
LOT 1i3. OF PTNEHURST SUl30IV1SION. A SUBDIVISION TN CllAMBFRS COUNTY. TEXAS. ACCORDING TO
THE !1.-1.AP OR PLAT THEREOF RECORDED IN VOLUME "B", PAGE 60 OF THE PLAT RECORDS OF CHAMBERS
COUNTY , TEXAS.
2. Instrume11t to be Por·eclosed. The instrument to be foreclosed is the Deed of Trust dated 02/23/2006 and recorded in Book
Document 12496 real properly records <•fChambcrs County, Texas.
844 Page 681
3. Date, Time, and l'lace t>fSale.
Date: 01 /05/2016
Time: The '.ale will begin 1lD earlier !han J 0:00 A~ or no Jaler than three hours thereafler.
Pia~:
Chamber. Co1mty Courthouse, Texa.<. at the following locatmn: INSfDE COURTHOUSl: ON EASTERN-MOST
STEPS OF IHE SECOND LEVEL (MlDDLE FLOOR)OR AS DESIGNATED BY THE COUNTY
COMMISSIONERS OFFICE or as designated by the Coun1y Commi~~ioner; Court.
4. Term .~ of Sule. The sulc will be conducted as a public auction to the highest bidder for cash . Pursuant to the deed of trust,
the mortgagee ha~ the right to uirec1 the Trnstee 10 sell the property in one or m<1re parcels and lor to ~ell al! ur only part of tho!
prope11y.
Pursuaiit to section 51.009 oftbe Tex.as Property Code, the property will be sold in AS IS, WHER.I:: JS condition. without any
c,;prcss or implied warranties. except as to the wammt.ic> of title, if any, provided for under th~ deed of tmst. Pro>pcctivc
bidders are advised to ~onduct an independent rnvcsLigation ufthe nature and phy~ical condition of the property.
Prospective bidders are reminded that by law the sale will necessarily be made subject co all prior matte~ of record affecting
the property. if any. to tJ1~ exteor that they remain in force and effect and ha,·e not been subordinated lo the deed uftrust. The
sale shall not cover any part of the propt'11y that ha~ been released of public record from the lien of rhe deed of rrust.
Pro,pective bidcler> are strougly urged lo examine the applicable property recoTds to detcm1ine the nature and extenr of such
matt.crs, if any. If the ,ale is set aside for any reason, the Purcha5cr at the sale shall be cnhtlcd only to a return of the deposit
pai<l. Th~ Purchaser sl.Jall have no further recourse against the Mortg<tgor, the Mortgagee or the Mortgagee' s attorney.
5. Obligutio11s Secur~d. The Deed of Trust executed by DOj\IITNGO HPR.NANDEZ AND RlTA HER.l\JANDEZ, provides tJ1at
ii ;;ecures the paymem of the mdcbtedne~s in the original p.rincipal amollnt of $93,600.00, and ohligatious therein described
1nclud1ng bm nm limited 10 ta) the promissory note; and (b) all renewal-; and e~tensil1ns of rhe note. HSBC BANK USA,
NAT TONAL ASSOCIA TJON, AS TRUSTEE Of THE f'lELDSTONE MORTGAGE .INVESTMENT TRUST, SbRJES 2006l
is the currem mC1rtgagee of the note and deed of trnst and OCWEN LOAN SERVJCTNG, Ll.C is mortgag>? servicer. A
servicmg agre.:ment between the mortgagee, whose addrcso. is llSBC BANK USA, NA T10NAL ASSOCtATJON. AS
TRUSTEE Of TH[. flELDSTONE .MORTGAGE lNVES1 MEl"T TRUST. SERiES 2006-l
clo OCWEN LOAN SERVfCNG. LLC. 1661 Worthington Road, Suite 100, West Palm Beach. FL 33409 and the mortgage
servi.:er and Texas Property ('ode§ 5> 1.0025 authorizes the mongagc servicer to collect the debt.
of
trust, and tl.Je mortgagee has r~qucsted a Substitute
6. Defa11/I and Request ro Acl Default has occurred wa.ler the deed
Trustee conduct this sale. Notice i~ given that before the 'ale the mortgagee may appoint another person substitute tmstee to
conduct the sale.
--~
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-- ~- - -----------TOMMY. JACKS(_?
01'< HARMON, Tiff ANY BEGGS OR
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WOI) P!~t"Hl ' R ST ORl\'t
BAYTOWN. TX 775;!
MJCHAE
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c/o A VT Tit!~ Servi s, LLC
13770 No~l Road #801529
Dalla~. TX 75380-1529
ASSERT AND PROTECT YOUR RIGHTS .AS A ME!\IBER OF THE ARMED FORCES OF THE UNITED STATES.
IF YOU ARE OR YOUR SPOUSE IS SER\1NG ON ACTIVE Mfi,TTARY DUTY, TNCLUDTNG ACTIVE
Mil.ITARY DUTY AS A MEM"BEU OF nu: l"EXAS NA TIONAl. GUARD OR HIE NA TIONAl. GUARU Ol'
ANOTlfER ~TATE OR AS A MEiV.IBER OF A RESERVE COMPONENT OF THE ARMED FORCES OF THE
UNffED STATES, PLEASE SEND WRITTEN NOTICE OF THE ACTrVE DUTY MILffARY SERVICE TO THE
SENDER OF nns NOTICE IMMEDIATELY.
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302 BAYOU BEND DRIVE
BAYTOWN, TX 77521
00000005557368
NOTICE O F (SU BSTITUTE ( TR USTEE'S SALE
Assert a nd protect your rights as a memher of the a rmed forces ofthe nited States. If vou are or your spouse is
serving on active military duty, including active milita ry duty as a member of th e Texas National Guard or the
ationa l G uard of another state or as a member of a reserve component of the a rmed forces of the United States,
please send written notice of the active duty military service to the send er ofthis notice immed iately .
I.
2.
Date, T ime, a nd Place of Sale.
Date:
January 05, 2016
Time:
The sale will begin at I O:OOAM or not later than three hours after that time.
Place
THE EASTERN STEPS, SECOND LEVEL (MIDDLE FLOOR) OF THE CHAMBERS COUNTY
COURTHOUSE OR AS DESIGNATED BY THE COUNTY COMMISSIONERS or as designated by the
county commissioners.
Terms of Sale. Cash.
3. Instrument to be Fo reclosed. The Instrument to be foreclosed is the Deed of Trust or Contract Lien dated October 15,
1998 and recorded in Document VOLUME 386, PAGE 774 real property records of C HAMBERS County, Texas, with
SHERRY WOOD AND WESLEY RAY WOOD, grantor(s) and AMERIGROUP MORTGAGE CORPORATION A
DIVISION OF MORTGAGE INVESTORS CORPORATION, mortgagee.
4. Obligations Secured . Deed of Trust or Contract Lien executed by SHERRY WOOD AND WESLEY RAY WOOD,
securing the payment of the indebtednesses in the original principal amount of $75 ,300.00, and obligations therein described
including but not limited to the promissory note and all modifications, renewals and extensions of the promissory note
CITIMORTGAGE, INC. 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 § 51.0025, the
Mortgage Servicer is authorized to collect the debt and to administer any resulting foreclosure of the lien securing the
Property referenced above. CITIMORTGAGE, INC., as Mortgage Servicer, is representing the current mortgagee, whose
address is:
c/o CITIMORTGAGE, INC.
I000 TECHNOLOGY DR!
EC/
GI
Substitute Tmstee
c/o BARRETT DAFFIN FRAPP IER TURNER & ENGEL, LLP
15000 Surveyor Boulevard, Suite I00
Addison. Texas 75001
Certificate of Posting
and my address is c:Jo I 5000 Surveyor Boulevard, Suite I 00, Addison, Texas 7500 I.
---l.U"'""'i:44-->-- - l filed at the office of the CHAMBERS County Clerk and caused to be posted
,-1-.l+-Jt..-d==-'---Lf-l-.-l"~'....-+-~,.....
11111111111111 11111 11111 111IIIII IIIII IIIIIIIIII IIIIIIIIII 11111111111111111111 11111 111111111111111111
OS00000005557368
FCTX_NSTS_Sigs.rpt- (07127120 t5) - Vcr-43
00000005557368
CHAMBERS
IEXHIBIT "A" I
LOT THIRTY-SIX (36) AND THE EAST ONE-HALF (E/2) OF LOT THIRTY-SEVEN (37) OF BAYOU BE D, A SUBDIVISION I
CHAMBERS COU TY, TEXAS , ACCORD ING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME B, PAGE 46 OF
THE MAP RECORDS OF CHAMBERS COUNTY, TEXAS.
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NOS00000005557368
FCTX_NSTS_Sigs.rpt- (07127/20 15)- Vcr-43
NOTICE OF SUBSTITUTE TRUSTEE'S SALE
CHAMBERS County
Deed of Trust Dated: February 17, 2012
Amount: $225,421.00
Grantor(s): MICHAEL B HALBROOK and STACEY HALBROOK
Original Mortgagee: UNITED SECURITY FINANCIAL, A UTAH CORPORATION
Current Mortgagee: UNITED SECURITY FINANCIAL CORP
Mortgagee Address: UNITED SECURITY FINANCIAL CORP, 710 S. ASH STREET, STE 200, GLENDALE, CO 80246
Recording Information: Document No.
Legal Description: LOT 15, BLOCK 4 OF THE FINAL PLAT OF COTION WOOD ESTATES PHASE I, A SUBDIVISION IN
CHAMBERS COUNTY. TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN UNDER FILE NO. 11465
IN THE OFFICE OF THE COUNTY CLERK OF CHAMBERS COUNTY, TEXAS.
Date of Sale: January 5, 2016 between the hours of 10:00 AM and 1:00 PM.
Earliest Time Sale Will Begin: 10:00 AM
Place of Sale: The foreclosure sale will be conducted at public venue in the area designated by the CHAMBERS 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.
TOMMY JACKSON OR TIFFANY BEGGS, RON HARMON OR CAROLYN CICCIO 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 fur1her 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 end 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. app. Section 501 et seg.l 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 vou are or your spouse is serving
on active military duty. jncluding 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 servjce to the sender of this notice.
THIS 1."ISTRU!VlENT APPOINTS THE SVBSTlTlJTE TRUSTEE(S) IDENTIFIED TO SELL THE PROPERTY DESCRIBED IN
SECURrTY INSTRUMENT IDENTTFJED IN THTS NOTT CE OF SALE THE PERSON STGNTNG THIS NOTT CE IS THE
ATTORNEY AUTHORIZED AGENT OF THE MORTGAGEE OR MORTGAGE SERVTgJ:R
SARAH ROBBINS, ATIORNEYAT LAW
HUGHES. WATTERS & ASKANASE, LL.P.
1201 Louisiana. Suite 2800
Houston, Texas 77002
Reference: 2015-006358
c/o Tejas Trustee Servic.:s
4100 Midway Rd Ste l 040
Carrollton, TX 75007
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AFTER RECORDING RETURN TO:
Patout & Shaw, PLLC
Attn: Martin C. Law
10701 Corporate Drive, Suite 390
Stafford, Texas 77477
APPOINTMENT OF SUBSTITUTE TRUSTEE
AND NOTICE OF 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.
THE STA TE OF TEXAS
COUNTY OF CHAMBERS
§
§
§
Date:
December 10, 2015
Borrowers/Grantors:
Robert Harrell and Kathy Harrell
Original Beneficiary:
Grand View Builders, Inc.
Assignee of Beneficiary:
Prepared Publications, Inc.
Original Trustee:
Walter A. Suberg, 10000 North Central Expressway, Suite
900, Dallas, Texas 75231
THIS INSTRUMENT APPOINTS THE SUBSTITUTE TRUSTEE(S) IDENTIFIED HEREIN
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 ASSIGNEE OF BENEFICIARY.
Substitute Trustee(s):
John J. Patout Jr., Travis L. Shaw, Martin C. Law, and/or
Stephanie M. Do, PA TOUT & SHAW, PLLC, 1070 I Corporate
Drive, Suite 390, Stafford, Texas 77477.
Property Description:
See EXHIBIT A attached hereto, but generally described as
2033 Hankamer Loop Road, Hankamer, Chambers County,
Texas 77560.
Deed of Trust:
Deed of Trust, dated May 23, 2012, executed by
Borrowers/Grantors, to Walter A. Suberg, as Original
Trustee, for the benefit of Grand View Builders, Inc., a
Texas Corporation, recorded as Clerk' s File No. 201332404
in the Official Public Records of Chambers County, Texas,
as modified or amended from time to time, including an
assignment of the beneficiary interest thereof to Prepared
Publications, Inc., a Texas corporation, recorded as Clerk's
File No. 201497504
in the Official Public Records of
Chambers County, Texas (the "Deed of Trust").
Secured Obligations:
A Mechanic ' s Lien Contract and Mechanic' s Lien Note,
dated May 23, 2012, executed by Borrower/Grantor, and
payable to the order of Original Beneficiary, as holder, in the
original principal amount of one hundred sixty-seven
thousand six hundred ninety-four dollars ($167,694.00),
recorded as Clerk' s File No. 201275021 in the Official
Public Records of Chambers County, Texas, as modified or
amended from time to time, including an assignment of the
beneficiary interest thereof to Prepared Publications, Inc., a
Texas corporation, recorded as Clerk' s File No. 201497504
in the Official Public Records of Chambers County, Texas
(the ''Note").
Foreclosure Sale:
Date:
Tuesday, January 5, 2015
Time:
The sale of the Property (as defined in the Deed of Trust)
will take place between the hours of 10:00 a.m. and 1:00
p.m., local time.
Place:
Chambers County Courthouse, 404 Washington Avenue,
Anahuac, Chambers County, Texas 77523, or in any other
area designated by the County Commissioners Court
pursuant to 51.002 of the Texas Property Code as the place
where foreclosure sales are to take place, or as designated by
the County Commissioners.
The Foreclosure Sale will be conducted as a public auction, and the property secured by the Deed
of Trust, including, without limitation, all right, title, interest, and privilege of the Debtor to any
real property (the "Land") described in the attached EXHIBIT A, will be sold to the highest bidder
for cash, except that Beneficiary's bid may be by credit against the indebtedness secured by the
lien of the Deed of Trust.
THE SALE OF THE PROPERTY IS "AS IS" AND "WHERE IS" AND IS WITHOUT ANY
REPRESENTATION OR WARRANTY OF ANY KIND BY BENEFICIARY AND/OR
SUBSTITUTE TRUSTEE, WHETHER EXPESSED OR IMPLIED, STATUTORY, OR
OTHERWISE, WITH ALL WARRANTIES INCLUDING WARRANTIES FOR
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE BEING EXPRESSLY
DISCLAIMED, SUBJECT TO MATIERS OF PUBLIC RECORD AND TO THE TERMS OF
THE DEED OF TRUST.
The Assignee of Beneficiary, under and pursuant to said Deed of Trust, according to the provisions
therein set out does hereby remove the original trustee and all successor substitute trustees and
appoints in their stead JOHN J. PATOUT JR, TRAVIS L. SHAW, MARTIN C. LAW, or
STEPHANIE M. DO, as Substitute Trustee, who shall hereafter exercise all powers and duties set
aside to the said Original Trustee under the Deed of Trust, and, further, does hereby request,
authorize, and instruct Substitute Trustee(s) to conduct and direct the execution of remedies set
aside to the Beneficiary therein.
A default has occurred in the payment of the Note and in the performance of the obligations of the
Deed of Trust. Due to that default, Assignee of Beneficiary has requested that the Substitute
Trustee(s) conduct a sale of the Property pursuant to the rights and duties providing for such sale
under the Deed of Trust.
The Deed of Trust may encumber both real and personal property. Formal notice is hereby given
of the Assignee of Beneficiary' s election to proceed against and sell both real and personal
property described in the Deed of Trust in accordance with the Beneficiary' s rights and remedies
under the Deed of Trust and Texas law.
Notice is hereby given that on and at the Date, Time, and Place of the Foreclosure Sale as described
above, the Substitute Trustees will sell the Property by public sale to the highest bidder for cash in
accordance with the Deed of Trust.
Patout & Shaw, PLLC
This instrument was SUBSCRIBED and SWORN to before me, the undersigned authority, by
Martin C. Law, Substitute Trustee, on this 10th day of December, 2015
Notary Public in an fo the State of Texas
CHRISTINA FEEMSTER
My Commission Expires
Mar.~h 18, 2018
My Commission Expires:D I
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EXHIBIT A
The Property, generally known as 2033 Hankamer Loop Road, Hankamer, Chambers County,
Texas 77560, with the following legal description:
Being 2.00 acres of land, more or less, situated in Chambers County, Texas, out of the ANDREW
WEA VER LEAGUE Abstract No. 311 , being a part of a 50.00 acre tract of land described in deed
dated January 28, 1918, recorded in Volume 8, Page 615 of the Deed Records of Chambers County,
Texas, from Ben Weaver, et. ux to Elsie Elner Weaver, and being more particularly described by
metes and bounds as follows , to wit:
BEGINNING at a stake in the South boundary line of said 50.00 acre tract, 1245 feet West from
the Southeast comer for the BEGINNING comer of the tract herein described;
THENCE, North 01 deg. West 295.20 feet for corner;
THENCE, South 89 deg. West 295.2 feet for comer;
THENCE, South 01 deg. East 295.2 feet to a point in the South boundary line of said 50.00 acre
tract for comer;
THENCE, North 89 deg. East 295.2 feet to the PLACE OF BEGINNING, containing 2.00 acres
of land more or less.
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NOTICE OF SUBSTITUTE TRUSTEE'S SAL~
THE STATE OF TEXAS
COUNTY OF CHAMBERS
§
§
§
KNOW Al,L MEN BY THESE PRESENTS:
WHEREAS, on April 8, 2008, Michael Dean Thomas, ( 11 Grantor 11) executed and delivered
a Real Estate Deed of Trust (the nDeed of Trust") conveying to David Zalman, as Trustee, the
hereinbelow described property to secure Prosperity Bank in the payment of an indebtedness (the
"Note") therein described, the Deed of Trust being filed and recorded under Clerk's File No.
00034574, Book OR Volume 1034, Page 390, et. seq., in the Official Public Records of Real
Property of Chambers County, Texas, to which reference is hereby made for all purposes; and
WHEREAS, default has occurred in the payment of the Note and the same is now wholly
due, and Prosperity Bank (the "Beneficiary"), the owner and holder of the Note, has requested the
undersigned to sell the Property to satisfy the Note; and
WHEREAS, the above named Trustee and any previously appointed Substitute Trustee was
removed under and in accordance with the Deed of Trust and the Beneficiary designated and
appointed L. David Smith as Substitute Trustee to enforce the Trust.
NOW, THKREFORE, pursuant to the authority conferred upon me by the Deed of Trust,
I hereby give notice that I will sell the Property at public auction to the highest bidder, for cash, on
Tuesday, Jauuar-y 5, 2016. The earliest time at which the sale will occur shall be at 10:00 o'clock
A.M. and it may take place not later than three hours after said time, and the sale shalt take place in
the area at the Chambers County Courthouse which has been designated as the area for foreclosures
to take plaee, being the area inside the courthouse located at 404 Washington A venue, Anahuac,
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Chambers County, Texas, on the eastern-most steps of the second level (middle floor) which
designated area is more particularly described in Chambers County Commissioner's Court
Designation recorded under Chambers County Clerk's File No. 89 82 553, in the Ofticial Real
Property Records of Chambers Counly, Texas, or any other area which has been designated by the
Chambers County Commissioner's Court as the area for foreclosures to take place. This conveyance
will be made su~ject lo any exceptions referenced in the Deed of Trust to the extent the same are still
in effect and shall not cover any prui of the Property that has been released from the liens ofthe Deed
of Trust. 11Je Property that will be sold at the foreclosure sale includes the following described real
property, together with all improvements and fixtures thereon and appurtenances thereto:
Being that certain 5.226 acre tract, more or less (called 5.24 acres), situated in Block
14 ,M.. M. Gregory Subdivision, M. M. Gregory Survey, Abstract No. 647, recorded
in Volume "A", Page 24 of the Plat Records ofChmnbers County, Texas, and being
that same Charles Perkins (called 5.24 acres) Tract as recorded in Volume 339, Page
517 of the Official Public Records of Chambers County, Texas, and being more
particularly described by metes and bounds on Exhibit "A" attached hereto and
made a part hereof the same as if set fo1th verbatim.
THE SALE OF THE PROPERTY IS "AS-IS" AND ''WHERE-IS" AND WITHOUT
REPRESENTATION OR WARRANTY OF ANY KIND BY THE SUBSTITUTE TRUSTEE,
EXPRESS, IMPLIED, STATUTORY, QUASI-STATUTORY OR 011-JERWISE, ANY
WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE
BEING
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DISCLAIMED.
THE SUBSTITUTE TRUSTEE MAKES NO
REPRESENTATIONS OR WARRANTIES WIDI RESPECT TO THE COMPLIANCE WITH
THE LAWS~ RULES, AGREEMENTS OR SPECIFICATIONS, COl\fDITION, QUALITY,
CAPACITY, DESIGN, OPERATION, ABSENCE OF ANY LATENT DEFECTS OR ANY
OTHER WARRANTY OR REPRESENTATION WHATSOEVER Vr1TH RESPECT TO THE
PROPERTY, ALL OF WHICH ARE EXPRESSLY WAIVED BY PURCHASER.
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 GUAIID OF ANOTHER
STATE OR AS A MEMBER OF A RESERVE COMPONENT OF THE AR1V1ED FORCES
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EXHIBIT . "A11
Being thar: ce:r:tnin 5.225 ·acre trai::t.· more or less,
situated .in Block
l~.
M. M.
GR~GORY SOBOIV!S~ON,-M.
<calle:d · s . 211 acres)
M. GREGORY SURVEY, .
1\bscz-~.ct No. ·647, recorded in Volum!i. "J\.", ·Page 24 cif the Plat Recor¢s
of '-
Chambers cuunt.y, Texas, and being tllec same -Chorl."-!s Pe.i.·kins l:::a.lle4 5 .24
~cres) tract as Tecorded in Volume 339, Page Sl7 of the Official Puplic ·
Recox-Cs ot Chennbe:rs Covnty, TEl'Xas, end being rnore par't.1cul~rly described by
metes and bounds as follows:
Eli:GINNING at Southwe st corner of Pbovementioned lllQc:k H, marked by l/2 inch
rod found . ~t ~he Northwesr. earner of that ce~tain . Block 13 an6 H~ywood
ttarnilt:on trttct dtuateO in the W&St line 0£ s:raid M. M. CJREGOltY SURVEY ,
Abst;ract; NO. 64'1 ~ E&.st line of 'r.ilai; ccrtnin T. &: N . 0. ll, R. SRCTI:ON .N0. SS, Abstract: Ne. 27? and in a fence line ani;l. Soutl'1wesr. corne::: ox tract herein
dencribed;
'l'Hl.;NCE No:rch
oO
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os ''
Bast, with t-'1e ~lest line of sa.id "?erk.ins tt'<l.Ct., t:he
west line of said M. M. GRROORY SURVEY, Abscraot .No. 6'7 and B~s~ line oi aaid
T, & N, o. R.R. SECTION NO. SS, Abstrac~ No. 277 and H. M. Hamilton tzact
1384/573 D.R.), distance
o~
25l.32 feet to l/2 inch rod
s~t
for NO"rt.hweat
corner of Said Cl1arles FerK~n~ tract and Sou~nwe~t corner of tha~ ce:r:tai~
Haywood M. Hamilton (called S ~c:r.e) crac~ 1271/6 D.R . ), being 2.4 feet we,t of
wire gate
~CB
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Rast ,
fence line;
pa~allel
to South lina of gaid Block 14 and with South line of
saic;1. H.aywooO. M. Hamilton
(c~lled
5 &ct"el t.raet: and l'!orth Hne of said Charles
PerX.1ns (calleCl S.2'1 acre) trCtct, at 816.91 f,eei: set 1/2 inch r.od. in West
~ight o! ~Y line o! st~te HighwQy ~o. l24 (~82/Jg D.~ . J ~na conel.nuing in all
a tot.al distl!l.l.1cl!: of 905 . 51 ieet to Northwest ~m:r o! tract: herein described
si~u~ied in che Base line-of $eid ElQCk 14 and Wes~ line oft.hat certain Block ll o:
saiO ~- M. GREGORY SCl;lOlV!SION;
Tl-IE:NCE South wit.h Ease line of Gt::iO llJ:oi;:X. l.4 ano·Wesc line of: :1:aid n1ock ll. , and in
said State Highway NO. 12!, a dist~nce of 251. 32 teet to e·e or saj.d Block l.4. o.no
t::-nct herein deacr ibed ;:i.nd Northeai:tt.: corner of said Block 13;
South line~£ Bllid Block H ~ncl North l.ine of a&i<1 Block 13, at
56 . Sl feet set 1/2 inch rod 1n the wes~ right of. Wby line of 6~id State Hishway No.
120. ant;l cont:l.nuing with Sovth l.ine ·of sa1C\ Ch<tx·lea Pe:ctina t:i;-e.ct: and eo.io Haywood. M.
THEliCE West. !>'1th r:he
!Iamilton ere.ct. . in all a
total · .di.~tance
of 906 . 10 teec {called . 90?. 3 feel'.) co POINT OP
BZGINNING enclosing~ tract ot lantl containing 5.226 acres gross \Callao s.z~ ac:r:es), ·
having o. '.!39 of l!lll aol:'e in aaid State Highway No_. 124, leavin9 11. 88?_,ac-4'~;3" oet_Biior~
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