NOTICE OF FORECLOSURE SALE Property to Be Sold. The

Transcription

2011-168
NOTICE OF FORECLOSURE SALE
1.
Property to Be Sold. The property to be sold is described as follows:
Tract One: 0.263 of an acre ofl~d, more or less, situated in t~e Joseph Mor~~8~Y.~ ,\JJD~
56, Polk County, Texas, and .bemg part of a 0.736 acre tract m deed recordt;d~i~cVP1UID,~:!.'-};\Cf'~.k
1~71, Page 867 et seq., Official Records, Polk County, Texas, and being a porti9nh';rlJots · ·--·Nme (9), Ten (10), Eleven (11) and Twelve(12), Block One (1), Section One (1) ofThunder
~ountain, a subdivision in Polk County, Texas as shown by the map or plat thereof recorded
m Volume 1, Page 161 of the Plat Records ofPolk County, Texas to which plat and deed and
their recording references are here made for all pertinent purposes. Said 0.263 acre tract
being more particularly described on Exhibit "A" attached hereto and made a part hereof for
all pertinent purposes;
Tract Two: 0.232 of an acre ofland, more or less, situated in the Joseph Morgan Survey, A56, Polk County, Texas, and being part of a 0.736 acre tract in deed recorded in Volume
1071, Page 867 et seq., Official Records, Polk County, Texas, and being a portion of Lots
Nine (9), Ten (10), Eleven (11) and Twelve(12), Block One (1), Section One (1) ofThunder
Mountain, a subdivision in Polk County, Texas as shown by the map or plat thereof recorded
in Volume 1, Page 161 of the Plat Records of Polk County, Texas to which plat and deed and
their recording references are here made for all pertinent purposes. Said 0.232 acre tract
being more particularly described on Exhibit "B" attached hereto and made a part hereof for
all pertinent purposes;
Tract Three: 0.362 of an acre of land, more or less, situated in the Joseph Morgan Survey,
A-56, Polk County, Texas, and being part of a 0.736 acre tract in deed recorded in Volume
1071, Page 867 et seq., Official Records, Polk County, Texas, and being a portion of Lots
Nine (9), Ten (10) and the Southeast Twenty (20') feet of Lot Eleven (11), Block Two (2),
Section One ( 1) of Thunder Mountain, a subdivision in Polk County, Texas as shown by the
map or plat thereof recorded in Volume 1, Page 161 of the Plat Records of Polk County,
Texas to which plat and deed and their recording references are here made for all pertinent
purposes. Said 0.362 acre tract being more particularly described on Exhibit "C" attached
hereto and made a part hereof for all pertinent purposes;
Tract Four: Lots Seventeen (17), Eighteen (18) and Nineteen (19), Block Two (2), Section
One (1) ofThunder Mountain, a subdivision in Polk County, Texas as shown by the map or
plat thereof recorded in Volume 1, Page 161 of the Plat Records of Polk County, Texas, to
which plat and its recording reference is here made for all pertinent purposes;
Tract Five: Lot One (1) of the Dodds Addition, located in the City of Livingston, Polk
County, Texas, as subdivision is depicted upon plat thereof recorded in Volume 11, Page 43
of the Plat Records of Polk County, Texas to which plat and its recording reference is here
made for all pertinent purposes; and
Tract Six: Lots Twenty-Two (22) and Twenty-Three (23), Block Two (2), Section One (1)
of Thunder Mountain Lake Estates, a subdivision in Polk County, Texas, as subdivision is
depicted upon plat thereof recorded in Volume 1, Page 161 of the Plat Records of Polk
County, Texas to which plat and its recording reference is here made for all pertinent
purposes
2.
Instrument(s) to be Foreclosed. The instrument(s) to be foreclosed are as follows:
(i)
Deed ofTrust and Security Agreement dated March 9, 2006, executed by Randall P.
Bright and wife, Evie S. Bright, recorded at Volume 1498, Page 908 et seq., Official
Records, Polk County, Texas, securing the payment of one note in the sum of
$184,000.00, payable to Peoples State Bank; and in Real Estate Construction
Extension/Rearrangement dated March 30,2009, recorded at Volume 1693, Page 186
et seq., Official Records, Polk County, Texas; said Deed of Trust being assumed by
Randall P. Bright in a Deed of Trust to Secure Assumption dated July 12, 2010,
recorded at Volume 1754, Page 979 et seq., Official Records, Polk County, Texas;
(ii)
Vendor's Lien reserved in that certain Warranty Deed from Wesley Kyle Smith and
wife, Dawna Michelle Smith to Randall Bright, dated July 21, 2008, further securing
a promissory note of even date therewith in the original principal amount of
$49,600.00 payable to Peoples State Bank, recorded in Volume 1656, Page 322 and
being further secured by a Deed of Trust and Security Agreement dated July 21,
2008, executed by Randall P. Bright and wife, Evie S. Bright, recorded at Volume
1656, Page 324 et seq., Official Records, Polk County, Texas;
(iii)
Deed ofTrust and Security Agreement dated January 12,2009, executed by Randall
P. Bright and wife, Evie S. Bright, recorded at Volume 1680, Page 027 et seq.,
Official Records, Polk County, Texas, securing the payment of one note in the sum
of $80,000.00, payable to Peoples State Bank;
(iv)
(v)
(vi)
D~ed ofTrus.t and ~ecurity. Agreement dated June 5, 2009, executed by Randall P.
Bnghtand wife, Evie S. Bnght, recorded at Volume 1701, Page 961 et seq., Official
Records, Polk County, Texas, securing the payment of one note in the sum of
$160,000.00, l?aya~le to Peoples State Bank; said Deed of Trust being assumed by
Randall P. Bnght m Deed of Trust to Secure Assumption dated July 12, 2010,
reco~ded ~t Volume 1_754.' Page 973 et seq., Official Records, Polk County, Texas;
ModificatiOn, ConsolidatiOn, Renewal and Extension Agreement dated August 13
2010, executed by Randall P. Bright, recorded at Volume 1761, Page 245 et seq.;
Official Records, Polk County, Texas; and
Deed ofTrust dated March 1, 2011, executed by Randall P. Bright and recorded at
Volume 1786, Page 152 et seq., Official Records, Polk County, Texas.
3.
Date, Time, and Place ofSale. The sale is scheduled to be held at the following date, time,
and place:
Date: October 4, 2011
Time: The sale will begin no earlier than 10:00 a.m. or no later than three hours thereafter.
The sale will be completed by no later than 4:00p.m.
Place: Polk County Courthouse in Livingston, Texas, at the following location: North
Foyer of the Polk County Courthouse, Livingston, Texas 773 51
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.
Terms ofSale. The sale will be conducted as a public auction to the highest bidder for cash,
4.
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 and/or to sell all or only part of the property.
Pursuant to section 51.009 ofthe 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 51.0075 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 and security interest foreclosure
sale being conducted pursuant to the power of sale granted by the deed of trust and security
agreement executed by Randall P. Bright.
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 9.604(a) of
the Texas Business and Commerce Code.
6.
Obligations Secured. The deeds of trust provide that they secure the payment of the
indebtednesses and obligations therein described (collectively, the "Obligations") including but not
limited to the: (i) real estate lien note dated March 9, 2006, in the original principal amount of
$184,000.00, executed by Randall P. Bright and wife, Evie S. Bright and payable to the order of
Peoples State Bank; (ii) real estate lien note dated July 21 ,2008, in the original principal amount of
$49,600.00, executed by Randall P. Bright and payable to the order ofPeoples State Bank; (iii) real
estate lien note dated January 12,2009, in the original principal amount of$80,000.00, executed by
Randall P. Bright and wife, Evie S. Bright and payable to the order of Peoples State Bank; (iv) real
estate lien note dated June 5, 2009, in the original principal amount of $160,000.00, executed by
Randall P. Bright and wife, Evie S. Bright and payable to the order of Peoples State Bank; and real
estate lien note dated March 1, 2011, in the original principal amount of$464,250.00, executed by
Randall P. Bright and payable to the order of Peoples State Bank. Peoples State Bank is the current
owner and holder of the Obligations and is the beneficiary under the deeds of trust.
Questions concerning the sale may be directed to the undersigned or to the beneficiary,
Peoples State Bank, Post Office Box 1287, Shepherd, Texas 77371.
Default and Request to Act. Default has occurred under the deed of trust, and the beneficiary
7.
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.
Dated: August 22, 2011
E.L. MCCieildn, Jr., Substitute Trustee
501 North Washington
Livingston, Texas 77351
Telephone (936) 327-5483
Telecopier (936) 327-2606
FlELDNOTES of0.263 Acre in the Joseph Morgan Survey, A-56, Polk CouDtY. Texas and
being part of 1.\ 0. 736 Acre Tract described in o deed from Teddy F. Pistole rupd wife, Jo.net
E. Pistole, to Randall P. Bright and wife, Evie Bright, as recorded in Volume\ J071, Page
867 ofthe Polk County Official Records. Said 0.736 Acre Tract being parr a;'fLots 9, 10,
11, ond 12, Block 1, Section 1 ofThunder Mountain Lake Estates Subdivision as shown on
!l Pial recorded in Volume 1; Page 161 of the Polk County Plat Rc::cords. Saiill 0.263 Acre
being more panicularly described as follows;
BEGlNNING at the East corner of said 0.736 Acre Tracl and the North corn~r of Lot 13 in
the South·west Right of Way of Milliken Drive, follnd a Y::'' iron rod for carne~;
THENCE with the Southeast Line of said 0.736 Acre Tract and the Northwes~ Line of Lor
13, S37°06'42"W 166.38 feet to the S01.1th comer of said 0.736 Acre Tract, thp West comer
.of Lot 13, the North comer ofLot 38, and the East corner of a 0.709 Acre Tr~ct described
in Volwne 951, Page 744 of said Ofticial Records, found a c~ain Hnk fence c0mer for
corner;
THENCE with the Southwest Line of said 0. 736 Acre Tract and the Northeasi Line of said
0.709 Acre Tract, N45°54 '45"W 70.16 feet to a 5/8" iron rod set for corner~ :
THENCE N37°02'28"E 162.45 feet to a 5/8" iron rod set for comer in th~ Notfueast Line
of said 0.736 Acre Tract and the Southwest R.jgbt of Way of"tvfilliken Drive~ \
i
THENCE whh said Une and said Right of Way, S49°07'26"E 69.99 feet to th~ Place of
Beginning and co~raining 0.263 Acre efLand.
'
EXHIBIT ".11_"
FlELDNOTES of 0.232 Acrl! in the Joseph Morgm1 Survey, A-56, Polk Co~mty, Texas lind
being pan of a 0. 736 Acre Tract described in a deed tram Teddy F. Pistole ~nd wife, Jnnet
E. Piswle, to Randall P. Bright and wife. Evie Bright, us recorded in Volu~e 1071, Page
867 of the Polk County Ofiicial Records. Said 0.736 Acre Tract being part\ofLots 9, 10.
ll, and 12, Block 1, Section 1 ofThund~r Mountain Lake Estates Subdivisi~n as shovm on
a Plat recorded in Volume 1, p,\ge 16 l of the Polk County Plat Records. S~id 0.232 Acre
being more particularly described as follows;
of
BEGINNING in the Northeast Line
said 0.736 Acre Tract in the Southwd~t Right of
Way of Milliken Drive, S49DOT26"E 67.19 feet from the North corner of sald 0. 736 Acre
Tract. set a 5/8" iron rod for corner;
:
THENCE with said Line and said Right of Way, S49DQ7'26"E 63.00 feet to~ 5/8" iron rod
set for corner;
THENCE S37D02'28"W 162.45 feet to a 5/8" iron rod set for comer in the S~uthwest Line
of said 0.736 Acre Tract and the North~ast Line of a 0.709 Acre Tract described in Volume
951, Page 744 of said Official Records;
\
THENCE with said Line, N45D54'45'~W 63.34 feet to a 5/8" iron rod set for darner~
THENCE N37°02'28"E 158.90 feet to the Place of beginning and containing 0.232 Acre of
Land.
EXHlBlT "
f2
u
F!El.lJi'IOT~S of U,:JG2 1\~L·,~ in tltl:! .lo~eph ~!organ Sucvey, A-56, tJolk. County,
alll.l ill:!i.lll.\ Clll LII:JI. sauua prupl:lL't}' COilVt:!Y~ll tu Hanc.JAll Pi. Uriijht and
Evtl:! Sui::! UL"i~IH ~Jt::;c L""i.lle.d <IS LtH!:i Y, I 0, and t:tle Soutl)~a!l t: 20 fr::e1:
of ·1.0t 11, Uloclt c! ut" TllunLiec Nuuntt~in Lal<(:! l::st:<Heli as CI:!CoL·~ull iu Volume
901, !'age
ut the l'tJllc County UHit.:icll H~l:urus.
Said O.:.l(?:! ,\t:L·e bei 11 ~
Texu~
1~if~:,
:,u
mor~:~
puL'ti~:uluL"!y
dt!:iC:tilled i:lS Loll<..ii-IS;
llEG!NNING a1: ctle South ~..:uCilt:!l" of ::;aid Lot 9 and the Wesc cor~er of Lot 8
of ::wid Dloclt 2, found ..t 3/o" it·un rod .Eor cucner in the NordiHHlst: Hight
of l~ay of Hilli'ken Dt·ivl:!;
THENCE 1-1ith tl1e South Line of said 'Loc 9, saiL! Lot 10, said L\ot ll, and
said Nonheas c High c of 11ay, N4 \1°18 'W 120.12 fee1: to the Sout)l corner of
a 0.389 Acre Tract collvl:!yed t.o Su111 Houston Electric Cooperati~e t>y deed
recocded ill Volume 954, l'i:!~e 623 uf said Official Records, fo~nd a J2" iron
cod for cor:ner;
Tll£NC£ 1-1ith the Southea:;c Line of said 0.31l9 Acr:e Tract, N40°LJ1'09"E
lJS.'J6 feet to the EasL coc111H' ot same, found a~" iron rod .E(p: corner in
the Southwest Line of a 40.7 Acrl:! Tract conveyed to the City c\f Livingston
by tl~ed recorded in Yo lUine US, Pa~e 464 of the Poll~ County Dedc..l He cords i
THE~t.:E with the Horthe~~t Line of said Lot 11 1 said Lot 10, s~id Lot 9 1
and :;aid Southwest. Li.ue, SlilJ 0 42'tli'"E 120.SJ feet to the East ciot·ner of
saiu Lot 9 and the Noz.'l:ll corner of sald Lot 8 1 found a ~" iron\ J:"Od for
corner;
TI'IENCE Hi.ttl the South~ast Line uf said Lot 9 and the Northt~est! Line of
saiu Lot. 1:! 1 St,oo41'36"H 126.32 ft:!d to the !'lace of Ueginnins ~nd
cont..1ining 0. 362 1\l.!re ul LancJ.
EXHIBIT"
L
FtLEO FOR
20H AUG 29 PH 1: 0 I
2011-169
105 SPRINGI-ITLL DR
LIVINGSTON, TX 77351
fZU~o~'
NOTICE OF SUBSTITUTE TRUSTEE SALE
Deed of Trust
Date:
February 15, 2006
Grantor(s):
CURTIS L. ROBERTS
KHARA OLIVER
Original Mortgagee:
NEW CENTURY MORTGAGE CORPORATION
Current Mortgagee:
DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL
I INC TRUST 2006-HE4
1762 EAST ST. ANDREW PLACE
SANTA ANA, CA 94705
Mortgage Servicer:
AMERICA'S SERVICING COMPANY
Recorded in: VOLUME 1494, PAGE 591
Property County: POLK
Legal Description:
LOT FOUR (4) OF SPRING 1-llLL ADDITION TO THE CITY OF LIVINGSTON, A SUBDIVISION IN POLK COUNTY,
TEXAS AS SHOWN BY THE MAP OR PLAT THEREOF RECORDED IN VOLUME 5, PAGE 50 OF THE PLAT
RECORDS, POLK COUNTY, TEXAS.
Date of Sale: Tuesday, October 4, 2011
Earliest Time Sale will Begin: 1:OOPM
Place of Sale of Property:
INSIDE THE NORTH ENTRANCE OF THE POLK COUNTY COURTHOUSE
DESIGNATED BY THE COUNTY COMMISSIONERS.
AT
THE
POSTING BOARD OR AS
The Substitute Trustee will sell the property by public auction to the highest bidder for cash at the place and date specified.
begin at the earliest time stated above or within three (3) hours after that time.
The sale will
AMERICA'S SERVICING COMPANY is acting as the Mortgage Servicer for DEUTSCHE BANK NATIONAL TRUST COMPANY, AS
TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC TRUST 2006-HE4, who is the Mortgagee of the Note and Deed of Trust
associated with the above referenced loan.
AMERICA'S SERVICING COMPANY, as Mortgage Servicer, is representing the Mortgagee,
whose address is:
DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC
TRUST 2006-HE4
c/o AMERICA'S SERVICING COMPANY
3476 STATEVIEW BLVD. MAC# X7801-013
FORT MILL, SC 29715
The Mortgage Servicer is authorized to represent the Mortgagee by virtue of a serv1cmg agreement with the Mortgagee. Pursuant to the
Servicing Agreement and Texas Property Code §51.0025, the Mortgage Servicer is authorized to collect the debt and to administer any
resulting foreclosure of the property securing the above referenced loan.
Dated this August 29, 2011.
Substitute Trustee
c/o BARRETT DAF
15000 Surveyor Boulevard, Suite 100
Addison, Texas 75001
1111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111
NOS20110134001903
NSTS3SIG.rpt · (06/06/2010)- Ver-15
,
FILED FOP Rren::.·
2011-170
'
·io.·-
'. • •
2011 AUG 29 PM ~: 08
NOTICE OF FORECLOSURE OF SALE
THE STATE OF TEXAS
#
COUNTY OF POLK
#
KNOWN ALL MEN BY THESE PRESENTS:
Pursuant to the authority conferred upon me by that certain Deed of Trust executed by
DANIEL TEMPLETON ofPolk County, Texas, to GENE BUSH, TRUSTEE, dated September 27,
2005, for the benefit of the Beneficiary therein identified, duly recorded under Clerk's File No. 9930
of the Official Public Records of Real Property of Polk County, Texas securing the payment of that
one certain promissory note in the original principal amount of$ 42,000.00, I will, as Substitute
Trustee under said Deed ofTrust, in order to satisfy the indebtedness secured thereby, default having
been amde in the payment thereof, sell on Tuesday, I)~ T() hilL 4 , 2011 (that being the first
Tuesday of said month), at public auction to the highest bidder for cash in the area designated by the
, L_.m. or within three hours thereafter
County Commissioners Court at the hour of 1 : ~'"
of that day, the property described on attached Exhibit A.
EXECUTED this
~_3
r.J
r- day of
ftJ JJ.,jf
1
~OJ/.
~-;0_
GENE BUSH- Trustee
EXHIBIT "A"
All those certain tracts or parcels of land described as LOTS 25, 26, 27, 28, 29, and 30 of
TEMPE TERRACE SUBDIVISION, SECTION 2 located in the CALVIN BARCO SURVEY, A101 in Polk County, Texas, registered in Volume 530, Page 678 et seq., of the Deed Records and as
shown by the map or plat thereof of record in Volume 3, Page 4 7 of the Plat Records ofPolk County,
Texas, together with all improvements thereon situated, inclusive of all goods which are or are to
become fixtures, now ofhereafter located in or about such property and/or improvements, including
specifically, without limitation, floor coverings, carpeting, heating, air conditioning, ventilating,
plumbing, light fixtures, awnings, antennas, curtain rods, drapery rods, Venetian blinds, window
shades, screens and shutters, mirrors fixed into place, attic and/or ceiling fans, electrical fixtures and
wiring located therein, with replacements thereof and additions thereto, all of which Grantor
represents and agrees are and will be part of and affixed to said land which is also referenced to in
Deed of Trust in Volume 1473, Page 217 of the Deed Records of Polk County, Texas.
2011-171
1.
FILED FOR PEr.fl · ·.
ZO!I AUG 31 P~i f: 39
Property to Be Sold. The property to be sold is described as folio~.· .. '::; ,, .:,_, ttrlU)&'t•
t:,r.·_··_•
• '·'
~,
··l:~::
l/'_~-M.
0. 78 of an acre of land, more or less, being out of and a part of Tr~t: rs,?&.cHO.~z of
CORRIGAN HE~GHTS, a subdivision in Polk County, Texas, as depicted upon the plat
thereofr~corded I~ Volume 3, ~age 64 of the Plat Records of Polk County, Texas to which
pl~t and Its recordmg reference Is here made for all pertinent purposes. Said 0.78 of an acre
bemg more particularly described on Exhibit "A" attached hereto and made a part hereof for
all pertinent purposes.
2.
Instrument to be Foreclosed. The instrument to be foreclosed is the deed of trust recorded
in Volume 1536, Page 935 et seq., Official Records, Polk County, Texas of the real property records
of Polk County, Texas.
3.
Date, Time, and Place ofSale. The sale is scheduled to be held at the following date, time,
and place:
Date: October 4, 2011
Time: The sale will begin no earlier than 10:00 a.m. or no later than three hours thereafter.
The sale will be completed by no later than 4:00 p.m.
Place: North Foyer of the Polk County Courthouse located at 101 West Church Street,
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 ofSale. The sale will be conducted as a public auction to the highest bidder for cash,
subject to the provisions ofthe 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 and/or to sell all or only part of the property.
Pursuant to section 51.009 ofthe 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 51.0075 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 ofSale. 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 and security
agreement executed by Juan F. Pareja.
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 oftrust and as permitted by section 9.604(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 real estate lien note in the original principal amount of $18,000.00, executed by Juan
F. Pareja and payable to the order of Rosario Delucio. Rosario Delucio 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,
Rosario Delucio at 3100 Fuller Spring, Lufkin, Texas 75901.
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.
Dated: August 31, 2011
501 North Washington
Telephone (936) 327-5483
Telecopier (936) 327-2606
Exhibit "A"
All tb.nt certai.n tntct or pru:cel of land containing 19.869 acres of" hu1.d as si~uateci .i.n the A.
VIESCA SURVEY, A-77 in Poll<: Cow1ty, Texas, and being out ofand apart ofa29.482 acn;) tract
as conveyed to the First State Brmlc ofLivillgston, Texas, by deed recorded ill Volume 494, Page 815
of the Official Records of Polk County, Texas. S:.:lid 19.869 acres being more particulru·ly described
by metes and bounds as tollo\vs:
· ·
.BEGINNING at ru1 iron rod at a fence comer for the northeast corner
19.482
of tlus <md of said
acre~:;
THENCE S 26 deg. 35' 26" E, 876.90 ft. t"o a concrete momm1ent found for the southeast
corner of this and of said 29.4S2 acres;
.
.
THENCE S 62 deg. 48' 36" W, 734.:2.3 ft., with the south line of said 29.482 acres .• to.ru1 iron
spike for the southwest corner oftb.is tract in the center of a county road;
.. TI-IENCE N 70 deg. 03' 48" W 117}7 ft., N 57 deg. 16' 43" W, 95.78 ft. and N 5.1 deg. 16'
l 1:· ·w, 780.62 fl:., with said cow1ty road, to ru1 iron spike for the northwest corner ofthis tractoi1
·
the North line ofs.ajd 29.4&2 acr~s;
THENCE N 6 Jdeg." 03' 04·" E, 1190.08 ft., with said north line, to the PLt..CE OF BEGIJ:-..lNrNG and
containing withLn these bow1d 19.689 acres of land.
·
TRACT TWO:
All that cei·tain.tr.:ict or parcel of land containing 1.816 acres of land as situated in the A
VlESCA SURVEY, A-77 .in Polk County, Texas, and being out of that certain 8.9 acre tract
conveyed by deed to Ola Kimes Duff described as the second tract ill partition deed in VolLUne 176,
Page 212 ofthe Deed Records ofsaid CoLmty. Said 1.816 acres being more partjculru·ly described
by metes and bounds as tallows:
BEGINNING at a concrete momu11ent found tor the northeast corner oft.b.is ru1.d of said 8. 9
acres, same being the southeast corner of a 29.482 acre tract as conveyed to the first State Bank of
Livi11 gston, Texas by deed recorded in Volume 494, page 815 of said deed records;
i'i·~~CE S 26 deg. 42' 14" E, 117.7911., with the east line of said 8.9 acres, to
.._:
!··
a·concrete
monument found tor the southeast corner of this trao::.;
THENCE S 63 deg. 04' 16" W, 626.54 ft., with 811 existing fence line, to a iron stake in the
--~erlter of a conntv road for the southwest corner of this tract;
THENCE N 70 deg. 03' 48" V.f, 156.82 ft., with said road, to an iron stake for the northwest
corner of tills tract ill the south
line~
of said 29.482 acres:
"THENCE N 62 deg. 48' 36" E, 734.23 ft., with said south line, to the PLACE OF
BE.G INNING ::md containing within these bounds 1. 816 acres of Jru1d.
: .: ·.
~.--:
....... ··..
2011-172
NOTICE OF TRUSTEE'S SALE
Date:
August 30 , 2011
Trustee:
GENE BUSH
FfLED FIJR Rr:r-:(, .
2011 AUG 3 J PM 2: 30
Trustee's Address:
P.O. Box 1617
Polk County
Mortgagee:
BENNIE RAY MARSH and son, JEFF MARSH
Mortgagee's Address:
214 Ponderosa
Polk County
Note:
Note dated June 13, 2011 in the amount of $82,410.00.
Deed of Trust
Date:
June 13, 2011
Grantor:
JENNIE LANGLEY and brother, ANTHONY WILSON PUTNAM
Mortgagee:
BENNIE RAY MARSH and son, JEFF MARSH
Recording information:
Volume 1799, Page 833, et seq., of the
Official
Records
of
Polk
County,
Texas.
Property:
See attached Exhibit "A".
County:
Polk
Date of Sale (first Tuesday of month) :
October 4,2011
Time of Sale:
Between the hours of 1:00 p.m. and 4:00 p.m.
Place of Sale:
Inside the Courthouse, at the posting board, Polk
County, Texas.
GENE BUSH is Trustee under the Deed of Trust.
Mortgagee has
instructed Trustee to offer the Property for sale toward the
satisfaction of the Note.
Notice is given that on the Date of Sale,
Property.for sale at public auction at the Place
bidder for cash, "AS IS". The earliest time the
Time of Sale, and the sale will be conducted no
thereafter.
--.-rL
~NE
Trustee will offer the
of Sale, to the highest
sale will occur is the
later than three hours
!h-
BUSH, Trustee
Default in Indebtedness Secured
Default has occurred in the payment of the Indebtedness Secured by the Deed of Trust and in the
performance of the covenants, agreements and conditions set forth in the Deed of Trust. The maturity of the
Indebtedness Secured by the Deed of Trust has been accelerated and such Indebtedness Secured is now wholly
due and payable.
Request to Act and Conduct Sale
The owner and holder of the Indebtedness Secured has requested that I, as Trustee under the Deed of
Trust, sell the Property, the proceeds of such sale to be applied in accordance with the provisions of the Deed of
Trust.
Sale to Include All Property Covered by Deed of Trust
The owner and holder of the Indebtedness Secured has further requested that I, as Trustee under the Deed
of Trust, sell all of the components of the Property that are personal property in accordance with the terms of
Section 9.604, of Article 9, of the Texas Business and Commerce Code. The sale of the Personalty will be held at
the same time and place as the above-described real property sale; however, to the extent permitted by Section
9.604, of Article 9, ofthe Texas Business and Commerce Code, I have been instructed to proceed as to both the
real and personal property in accordance with the rights and remedies of the owner and holder of the Indebtedness
Secured in respect of the real property.
Notice and Time of Sale
Therefore, at the date, time and place set forth above, the undersigned, as Trustee, will sell the Property to
the highest bidder pursuant to the terms of the Deed of Trust.
IN WITNESS WHEREOF, this Notice of Trustee's Sale has been executed on this the 2nd day of
7
September, 2011.
THE STATE OF TEXAS
COUNTY OF POLK
This instrument was acknowledged before me on this the 2nd day of September, 2011, by R. MALCOLM
JONES, Trustee, who acknowledged to me that he executed the same for the purposes and consideration therein
expressed, and in the capacity therein stated.
~-,.,.,.=-=--"""""'.....,._,_.......,~~"""";·R
it
Notary Public, State of Texas
Page -3-
,
2011-173
ZOII SEP -6 AH t1: 03
Notice is hereby given that a public sale at auction of the Property (as that term i~_}~~l!~~~~ 1~~~~lJ
· -'. ·
below) will be held at the date, time and place specified in this notice.
· 1:
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1
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· : '· ': .•".
Certain Terms and Information
Date of Sale: Tuesday, October 4, 2011.
Time of Sale: The earliest time at which the sale shall occur is 1:00 o'clock p.m, Livingston, Texas time. The
sale shall begin at that time or not later than three hours after that time.
Place of Sale: At the area at the Polk County Courthouse in the City of Livingston, Texas designated by the
Commissioner's Court of Polk County, Texas where foreclosure sales are to take place. Such designation, which
has been recorded in Volume 637, Page 900 ofthe Official Records of Polk County, Texas, is located inside the
north entrance of the Polk County Courthouse at the posting board.
Information Regarding the Deed of Trust Lien That Is the Subject of this Sale:
Name of Document: Deed of Trust and Security Agreement - Financing Statement (referred to
herein as the "Deed of Trust").
Date:
May 18,2010
Grantor:
SAMUEL DWAYNE BRUMLOW and GABRIELA JESSICA GARCIA
Beneficiary:
ED PEINE
Trustee:
R. MALCOLM JONES
Recording Information:
Volume 2010-1746, beginning at Page 612 ofthe Official Records
ofPolk County, Texas.
Property Description:
Lots Sixty-six (66) and Sixty-seven (67), in Section Nine (9), of Lake
Livingston Village, a subdivision in Polk County, Texas, Texas, as shown
by the map or plat thereof recorded in Volume 10, Page 38 of the Plat
Records of Polk County, Texas, to which plat and its recording reference is
hereby made for all intents and purposes, together with that certain
Southern Energy Homes of Texas Manufactured Home, manufactured on
January 26, 2001, and bearing the model designation of Southern Energy,
LabeVSeal Number NTA1091194, and Serial Number SSETX06171, as
well as all other buildings, structures, improvements, fixtures, personal
property, and property rights described in the Deed of Trust (all of the
above described real and personal property and property rights being
collectively referred to herein as the "Property").
Indebtedness Secured:
Name of Document: Promissory Note
Date:
May 18,2010
Face Amount:
TWENTY-FOUR THOUSAND AND N0/100 DOLLARS ($24,000.00)
Maker:
SAMUEL DWAYNE BRUMLOW and GABRIELA JESSICA GARCIA
Payee:
ED PEINE
Page -1-
..
Current Owner and Holder of the Note:
ED PEINE
Postponement Rights
The Deed of Trust permits the Beneficiary to postpone, withdraw or reschedule the sale for another day.
In that case, the Trustee, or, if appropriate, the 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 reposting or refiling may be after the date originally scheduled
for this sale.
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 Promissory 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 his, her, its or their ability to pay cash on
the day the Property is sold.
The sale will be made expressly subject to any liens, security interests, encumbrances and other title
matters set forth in the Deed of Trust, so prospective bidders are reminded that by law the sale will necessarily be
made subject to all liens, security interests, encumbrances and other prior matters of record affecting the Property,
if any, to the extent that they remain in full 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.
Condition of Property
The Property will be sold AS IS, WHERE IS, AND WITH ALL FAULTS, AND WITHOUT ANY
REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED.
ANY
REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL
EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES AS TO (i) THE CONDITION OF THE
PROPERTY OR ANY ASPECT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY AND ALL
EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES RELATED TO MERCHANTABILITY
OR FITNESS FOR A PARTICULAR USE OR PURPOSE; (ii) THE SOIL CONDITIONS, DRAINAGE,
TOPOGRAPHICAL FEATURES, OR OTHER CONDITIONS OF THE PROPERTY OR WHICH AFFECT
THE PROPERTY; (iii) ANY FEATURES OR CONDITIONS AT OR WHICH AFFECT THE PROPERTY
WITH RESPECT TO ANY PARTICULAR PURPOSE, USE, DEVELOPMENT POTENTIAL, OR
OTHERWISE; (iv) THE AREA, SIZE, SHAPE, CONFIGURATION, LOCATION, CAPACITY, QUANTITY,
QUALITY, VALUE, CONDITION, OR AMOUNT OF THE PROPERTY; (v) ALL EXPRESS OR IMPLIED
REPRESENTATIONS OR WARRANTIES CREATED BY ANY AFFIRMATION OF FACT OR PROMISE
OR BY ANY DESCRIPTION OF THE PROPERTY; AND (vi) ANY ENVIRONMENTAL, GEOLOGICAL,
OR OTHER CONDITION OR HAZARD OR THE ABSENCE THEREOF HERETOFORE, NOW, OR
HEREAFTER AFFECTING IN ANY MANNER ANY PART OF THE PROPERTY, IF ANY, ARE ALL
HEREBY EXPRESSLY REVOKED, NEGATED AND EXCLUDED.
Page -2-
2011-174
FILED FOR Rf ('(l:20 II SEP -1 PH I : 36
NOTICE OF FORECLOSURE OF SALE
THE STATE OF TEXAS
#
COUNTY OF POLK
#
KNOWN ALL MEN BY THESE PRESENTS:
Pursuant to the authority conferred upon me by that certain Deed of Trust executed by
CYNTHIA TEMPLETON ofPolk County, Texas, to GENE BUSH, TRUSTEE, dated September
27, 2005, for the benefit of the Beneficiary therein identified, duly recorded under Clerk's File No.
9930 of the Official Public Records of Real Property of Polk County, Texas securing the payment
of that one certain promissory note in the original principal amount of$ 42,000.00, I will, as
Substitute Trustee under said Deed of Trust, in order to satisfy the indebtedness secured thereby,
default having been made in the payment thereof, sell on Tuesday, tlu;k ~
, 2011 (that
being the first Tuesday of said month), at public auction to the highest bidder for cash in the area
designated by the County Commissioners Court at the hour of
/ : t> o
, _l_.m. or within
three hours thereafter of that day, the property described on attached Exhibit A.
EXECUTED this
7r# day of
~~. ZPII
.
-><J£iLL
GENE BUSH- Trustee
EXHIBIT "A"
All those certain tracts or parcels of land described as LOTS 25, 26, 27, 28, 29, and 30 of
TEMPE TERRACE SUBDIVISION, SECTION 2located in the CALVIN BARCO SURVEY, A101 in Polk County, Texas, registered in Volume 530, Page 678 et seq., ofthe Deed Records and as
shown by the map or plat thereof of record in Volume 3, Page 4 7 of the Plat Records ofPolk County,
Texas, together with all improvements thereon situated, inclusive of all goods which are or are to
become fixtures, now ofhereafter located in or about such property and/or improvements, including
specifically, without limitation, floor coverings, carpeting, heating, air conditioning, ventilating,
plumbing, light fixtures, awnings, antennas, curtain rods, drapery rods, Venetian blinds, window
shades, screens and shutters, mirrors fixed into place, attic and/or ceiling fans, electrical fixtures and
wiring located 'therein, with rep~acements thereof and additions thereto, all of which Grantor
represents and agrees are and will be part of and affixed to said land which is also referenced to in
Deed ofTrust in Volume 1473, Page 217 ofthe Deed Records ofPolk County, Texas.
\
2011-175
'
15257 SOUTHLAND PLANTATION
FILED FOR
Rrzqt11f~ss3oo397
2011 SEP 12 PH t: 04
service to the sender of this notice immediately.
Deed of Trust
Date:
May 16, 2002
Grantor(s):
SHERRY ANN TERRY
Original Mortgagee:
MEGAMERICA MORTGAGE GROUP, INC.
Current Mortgagee:
WELLS FARGO BANK, N.A.
FT. MILL, SC 29715
Mortgage Servicer:
Legal Description:
SEE EXHIBIT "A" ATTACHED HERETO AND IN CORPORATED HEREIN FOR ALL PURPOSES.
AT THE
POSTING
BOARD OR AS
The sale will
WELLS FARGO BANK, N.A. is acting as the Mortgage Servicer for WELLS FARGO BANK, N.A., who is the Mortgagee of the Note
and Deed of Trust associated with the above referenced loan. WELLS FARGO BANK, N.A., as Mortgage Servicer, is representing the
Mortgagee, whose address is:
c/o WELLS FARGO BANK, N.A.
ONE HOME CAMPUS
DES MOINES, lA 50328
Dated this September 12, 2011.
~
TT DAFFIN FRAPPIER TURNER & ENGEL, LLP
15 00 Surveyor Boulevard, Suite 100
111111111111111111111111111111111111111111
IIIII 11111111111111111111 111111111111111 111111111111111111
NOS20110058300397
NSTS3SIG.rpt • (09/01/201 I)· Ver-17
20110058300397
POLK
FIELDNOTES TO 3 00 ACRES OF LAND AS SITUATED IN THE ELISHA STEPHENSON SURVEY, A-761, POLK COUNTY,
TEXAS, AND BEING OUT OF TRACT TWO HUNDRED FIFTY-NINE (259), SECTION ELEVEN (II) OF SOUTH LAND
PLANTATION AS SHOWN ON PLAT RECORDED IN VOLUME 9, PAGE 43 OF THE PLAT RECORDS, AND BEING THE SAME
AS THAT CERTAIN TRACT CONVEYED BY EARL J VICKNAIR, III AND DEBRA VICKNAIR TO SHERRY A TERRY BY DEED
RECORDED IN VOLUME 1180, PAGE 448 OF THE OFFICIAL RECORDS OF SAID COUNTY SAID 3 00 ACRES BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS
BEGINNING AT l/2INCH IRON ROD SET FOR THE NORTHWEST CORNER OF THlS TRACT ON THE NORTH LINE OF SAID
TRACT 259, SAME BEING THE SOUTH LINE OF TRACT 258, AND BEING LOCATED S 80 DEG. 44' 32" E 349 88FT FROM
THE NORTHWEST CORNER OF TRACT 259,
THENCE S 80 DEG. 44' 32" E 380 57FT, WITH SAID NORTH AND SOUTH LINES, TO A I/2 INCH IRON ROD SET FOR THE
NORTHEAST CORNER OF THlS TRACT.
THENCE S 09 DEG. 15' 28" W 331 61FT, ON A LINE SEVERING SAID TRACT 259, TO A I/2INCH IRON ROD SET FOR THE
SOUTHEAST CORNER OF THIS TRACT ON THE SOUTH LINE OF TRACT 259, SAME BEING THE NORTH LINE OF TRACT
260,
THENCE N 84 DEG 16' 58" W 381 30FT, WITH SAID NORTH AND SOUTH LINES, TO A I/2INCH IRON ROD SET FOR THE
SOUTHWEST CORNER OF THIS TRACT.
THENCE N 09 DEG. 15' 28" E 355 15FT, ON A LINE SEVERING SAID TRACT 259, TO THE PLACE OF BEGINNING AND
CONTAINING WITHIN THESE BOUNDS 3 00 ACRES OF LAND OF WHICH THE NORTH 30 FEET PARALLEL AND
ADJACENT TO THE NORTH LINE OF THE ABOVE DESCRIBED 3 00 ACRE TRACT IS HEREBY RESERVED AS AN ACCESS
EASEMENT AND TOGETHER WITH ANOTHER 30 FT WIDE ACCESS EASEMENT DESCRIBED AS FOLLOWS
BEGINNING AT A 112 INCH IRON ROD FOUND FOR THE NORTHWEST CORNER OF THlS AND OF SAID TRACT 259 IN THE
CENTER OF STONEWALL TRAIL, A 60 FT WIDE ROAD EASEMENT, SAME BEING THE SOUTHWEST CORNER OF SAID
TRACT 258, AND BEING ON THE EAST LINE OF TRACT 233, SECTION 10 OF SOUTH LAND PLANTATION AS SHOWN ON
PLAT RECORDED IN VOLUME 9, PAGE 42 OF SAIDPLAT RECORDS
THENCE S 80 DEG. 44' 32" E 349 88FT, WITH THE NORTH LINE OF SAID TRACT 259 AND THE SOUTH LINE OF SAID
TRACT 258, TO A 112 INCH IRON ROD SET FOR THE NORTHEAST CORNER OF THlS TRACT, SAME BEING THE
NORTHWEST CORNER OF A 3 00 ACRE TRACT SURVEYED THlS DATE FOR SHERRY A TERRY,
THENCE S 09 DEG. 15' 28" W 30 00 FT, WITH THE WEST LINE OF SAID 3 00 ACRES, TO A 112INCH IRON ROD SET FOR THE
SOUTHEAST CORNER OF THIS TRACT,
THENCE N 80 DEG. 44' 32" W 350 46 FT, ON A LINE WITHIN SAID TRACT 259, TO A 112 INCH IRON ROD SET FOR THE
SOUTHWEST CORNER OF THIS TRACT IN THE CENTER OF SAID STONEWALL TRACT, SAME BEING ON THE WEST LINE
OF SAID TRACT 259 AND THE EAST LINE OF SAID TRACT 233,
THENCE N I 0 DEG. 22' 31" E 30 00 FT, WITH SAID ROAD AND EAST AND WEST LINES, TO THE PLACE OF BEGINNING
AND CONTAINING WITHIN THESE BOUNDS 0 241 ACRE OF LAND, MORE OR LESS.
THE BEARINGS RECITED HEREIN ARE BASED ON THE RECORDED SUBDIVISION PLAT ALL CORNERS REFERRED TO AS
"l/2INCH IRON ROD SET" HAVE A RED CAP STAMPED "LSMC PLS 1962" THlS DESCRIPTION WAS PREPARED FROM AN
ACTUAL SURVEY MADE ON THE GROUND UNDER MY SUPERVISION OF MAY I, 2002
1111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111
NOS20110058300397
NSTS3SIG.rpt • (09/01/201 I)- Ver-I 7
2011-176
EF~942
FILED' FnP
,.
J21
Rt:Tn~· 79782955
'- 20li0169803068
1011 SEP t2 PM 1: 05
sp;iu;t,ls,~iig!-b.p
Assert and protect your rights as a member of the armed forces of the United States. Ihou are or your
a}Ju,1ltfM1
military duty, including active military duty as a member of the Texas National Guard or the National Gu;"i=d of3i001hebiiate~K~_;:::,
as a member of a reserve component of the armed forces of the United States. please send written notice of the kitiv~ d~ty .in.ilitary- ·. •
Deed of Trust
Date:
February 04, 2008
Grantor(s):
CHRISTINE T BECKER
Original Mortgagee:
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS"), AS NOMINEE
Current Mortgagee:
FT. MILL, SC 29715
Mortgage Servicer:
Legal Description:
SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES.
AT THE
POSTING
BOARD OR AS
The sale will
c/o WELLS FARGO BANK, N.A.
FT. MILL, SC 29715
The Mortgage Servicer is authorized to represent the Mortgagee by virtue of a serviCmg agreement with the Mortgagee. Pursuant to the
AFFIN FRAPPIER TURNER & ENGEL, LLP
eyor Boulevard, Suite 100
1111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111
NOS20110169803068
NSTS3SIG.rpt · (09/0I/2011)- Ver-17
20110169803068
POLK
10.0 ACRES, MORE OR LESS, SITUATED IN THE B.J. HARPER SURVEY, A-36, POLK COUNTY, TEXAS AND BEING MORE
PARTICULARLY DESCRIBED IN DEED DATED JULY 8, 2004 FROM HOWARD B. MAXEY AND WIFE, BETTY MAXEY TO
CHARLES E. WILSON AND WIFE, RENTHA M. WILSON, RECORDED IN VOLUME 1398, PAGE 858 ET SEQ., OFFICIAL
RECORDS, POLK COUNTY, TEXAS, SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY FIELD NOTES
ATTACHED HERETO.
A TRACT OR PARCEL OF LAND AND CONTAINING 10.000 ACRES OUT OF THE NORTHERLY PORTION OF A CERTAIN
11.202 ACRE TRACT SO CALLED CONVEYED TO HOWARD B. AND BETTY MAXEY IN INSTRUMENT RECORDED IN
VOLUME 421, PAGE 187 AND VOLUME 992, PAGE 165 OF THE OFFICIAL RECORDS OF POLK COUNTY RESURVEYED TO
BE A TOTAL OF 11.2181 ACRES OUT OF THE B.J. HARPER SURVEY, ABSTRACT 36 IN POLK COUNTY, TEXAS, SAID 10.000
ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS TO-WIT:
BEGINNING AT A 1/2 INCH IRON ROD SET AT THE INTERSECTION OF THE NORTHEASTERLY LINE OF A SO CALLED 4
ACRE TRACT MARKED BY FENCE CONVEYED TO BARNEY MATTHEWS BY G.B. READ IN VOLUME 167, PAGE 639 OF
THE DEED RECORDS OF POLK COUNTY AT ITS INTERSECTION WITH THE SOUTHEAST RIGHT-OF-WAY LINE OF UPPER
LEGGETT 50 FT. WIDE COUNTY ROAD WHICH MARKS THE WESTERN APEX CORNER OF THE HEREIN DESCRIBED
10.000 ACRE TRACT AND THE WEST CORNER OF SAID ORIGINAL MAXIE 11.202 ACRE TRACT SO CALLED;
THENCE NORTH 67 DEGREES 54 MINUTES 00 SECONDS EAST WITH THE SOUTHEAST RIGHT-OF-WAY LINE OF SAID
UPPER LEGGED COUNTY ROAD AND THE NORTHWEST BOUNDARY OF SAID 11.202 ACRE TRACT SO CALLED A
DISTANCE OF 804.12 FT. TO A l/2 INCH IRON ROD SET AT THE NORTHEAST CORNER OF THE HEREIN DESCRIBED
TRACT AT THE NORTHWEST CORNER OF A TRACT DESCRIBED IN INSTRUMENT OUT OF VOLUME 992, PAGE 165 OF
THE DEED RECORDS OF POLK COUNTY;
THENCE SOUTH 01 DEGREES 30 MINUTES 56 SECONDS EAST WITH THE UPPER EASTERLY LINE OF SAID 11.202 ACRE
TRACT AND THE WEST CORNER OF SAID CUT OUT TRACT OUT OF THE NORTHEAST CORNER OF SAID 11.202 ACRE
TRACT A DISTANCE OF 201.67 FT. TO A 1/2 INCH IRON ROD SET AT A RE-ENTRANT CORNER OF THE HEREIN
DESCRIBED 10.000 ACRE TRACT AND SAID 11.202 ACRE TRACT;
THENCE NORTH 67 DEGREES 54 MINUTES 00 SECONDS EAST A DISTANCE OF 215.42 FT. TO A 1/2 INCH IRON ROD SET
AT THE LOWER NORTHEAST CORNER OF THE HEREIN DESCRIBED 10.000 ACRE TRACT AND THE LOWER NORTHEAST
CORNER OF SAID ORIGINAL 11.202 ACRE TRACT SO CALLED IN THE WEST BOUNDARY OF A CERTAIN 4.26 ACRE
TRACT REFERRED TO IN INSTRUMENT IN VOLUME 992, PAGE 165 OF THE DEED RECORDS OF POLK COUNTY;
THENCE SOUTH 01 DEGREES 30 MINUTES 54 SECONDS EAST WITH THE WEST BOUNDARY OF SAID 4.26 ACRE TRACT
AND WITH A FENCE LINE A DISTANCE OF 345.18 FT. TO A l/2 INCH IRON ROD SET IN A FENCE CORNER MARKING THE
SOUTHWEST CORNER OF SAID 4.26 ACRE TRACT AND MARKING AN ANGLE POINT IN THE EAST BOUNDARY OF AN
ORIGINAL 43 ACRE TRACT WHICH OUR TRACT IS A PART OF THE BESSIE MAE WARREN MURPHY, ET VIR DESCRIBED
IN INSTRUMENT RECORDED IN VOLUME 233, PAGE 352 OF THE DEED RECORDS OF POLK COUNTY;
THENCE SOUTH 02 DEGREES 36 MINUTES 04 SECONDS EAST CONTINUING WITH SAID OLD FENCE LINE AND THE
WEST BOUNDARY OF SAID ADJOINING TRACT AND THE EAST BOUNDARY OF SAID 43 ACRE TRACT AND SAID 11.202
ACRE TRACT DESCRIBED IN INSTRUMENT IN VOLUME 421, PAGE 187 AND VOLUME 992, PAGE 165 OF THE OFFICIAL
RECORDS OF POLK COUNTY A DISTANCE OF 297.26 FT. TO A l/2 INCH IRON ROD SET AT THE SOUTHEAST CORNER OF
THE HEREIN DESCRIBED 10.000 ACRE TRACT AND MARKING THE NORTHEAST CORNER OF A REMAINDER 1.2181 ACRE
TRACT HERETOFORE SURVEYED;
THENCE SOUTH 87 DEGREES 23 MINUTES 56 SECONDS WEST WITH THE NORTH BOUNDARY OF SAID 1.2181 ACRE
TRACT AND CROSSING OVER SAID ORIGINAL SO CALLED 11.202 ACRE TRACT A DISTANCE OF 403.27 FT. TO A 1/2 INCH
IRON ROD SET AT THE SOUTHWEST CORNER OF SAID 10.000 ACRE TRACT AND BEING IN A CURVE ON THE
NORTHEAST RIGHT-OF-WAY LINE OF FM HWY. NO. 942(80FT. RIGHT-OF-WAY) HAVING A RADIUS OF 2864.59FT., AN
ARC LENGTH OF 182.28 FT., CENTRAL ANGLE OF 03 DEGREES 38 MINUTES 45 SECONDS, LONG CHORD BEARS NORTH
39 DEGREES 07 MINUTES 44 SECONDS WEST-182.25 FT. TO A 3/8 INCH IRON ROD SET AT THE PT OF SAID CURVE;
THENCE NORTH 40 DEGREES 57 MINUTES 07 SECONDS WEST CONTINUING WITH SAID CURVE A DISTANCE OF 186.90
FT. TO A TEX DOT CONCRETE MONUMENT FOUND AT THE PC OF A CURVE TO THE LEFT IN SAID RIGHT-OF-WAY;
THENCE WITH SAID CURVE TO THE LEFT HAVING A RADIUS OF 421.97 FT., AN ARC LENGTH OF 264.ll FT., CENTRAL
ANGLE OF 35 DEGREES 53 MINUTES 07 SECONDS, LONG CHORD BEARS NORTH 58 DEGREES 53 MINUTES 07 SECONDS
WEST A DISTANCE OF 259.82 FT. TO A l/2 INCH IRON ROD SET AT THE PT OF SAID CURVE AND NORTH 76 DEGREES 49
MINUTES 07 SECONDS WEST A DISTANCE OF 54.88 FT. TO A 1/2 INCH IRON ROD SET IN SAID RIGHT-OF-WAY LINE
MARKING THE UPPER SOUTHWESTERLY CORNER OF THE HEREIN DESCRIBED 10.000 ACRE TRACT;
THENCE NORTH 49 DEGREES 00 MINUTES 00 SECONDS WEST MARKING THE INTERSECTION OF THE NORTHEAST
BOUNDARY OF A CERTAIN 4 ACRE TRACT PREVIOUSLY DESCRIBED IN VOLUME 167, PAGE 639 OF THE POLK COUNTY
DEED RECORDS AND WITH A VERY OLD FENCE A DISTANCE OF 74.65 FT. TO THE PLACE OF BEGINNING AND
CONTAINING 10.000 ACRES OF LAND, MORE OR LESS.
1111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111
NOS20110169803068
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222•WINDSOR LANE
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~ i7)_~~:
military duty, including active military duty as a member of the Texas National Guard or the National Guard o-fanod\sf'st!lfe'o'r
as a member of a reserve component of the armed forces of the United States. please send written notice of the actiAli:tluyf miu:taff· Li'Eq
, ' '
.'
Deed of Trust
Date:
April 23, 2007
Grantor(s):
CATHRYN A OLIVER
ROBERT K OLIVER
Original Mortgagee:
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS") AS NOMINEE
Current Mortgagee:
FT. MILL, SC 29715
Mortgage Servicer:
Recorded in: VOLUME 2007-1576; PAGE 487
Legal Description:
SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES.
Date of Sale: Tuesday, October 4, 20 II
Earliest Time Sale will Begin: I :OOPM
INSIDE THE NORTH ENTRANCE OF THE POLK
DESIGN ATED BY THE COUNTY COMMISSIONERS.
COUNTY
COURTHOUSE
AT
THE
POSTING BOARD
OR AS
The sale will
c/o WELLS FARGO BANK, N .A.
FT. MILL, SC 29715
Dated this September 12,2011.
----
R R. BROWNING
Substitute Tru ee
c/o BA
DAFFIN FRAPPIER TURNER & ENGEL, LLP
15000 Surveyor Boulevard, Suite 100
1111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111
NOS20110169805957
NSTS3SIG,rpt- (09/01/201 I)- Ver-17
20110169805957
POLK
TRACT ONE:
FIELD NOTES OF 0.323 ACRE IN THE JOSEPH MORGAN SURVEY, A-56, POLK COUNTY, TEXAS AND BEING PART OF A
16.08 ACRE TRACT CONVEYED TO JOHN W. BASKIN AND WIFE, FAYE BASKIN. BY DEED RECORDED IN VOLUME 929,
PAGE 85 OF THE POLK COUNTY OFFICIAL RECORDS. SAID 0.323 ACRE BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS;
COMMENCING AT A I" IRON PIPE FOUND FOR THE MOST NORTHERLY CORNER OF SAID 16.08 ACRE TRACT;
THENCE WITH THE EAST LINE OF SAME, S 00 DEG 17' 58" W 780.75 FEET TO A POINT FOR CORNER;
THENCE N 89 DEG 42' 02" W 238.62 FEET TO A 5/8" IRON ROD SET FOR THE SOUTHEAST CORNER AND THE ACTUAL
PLACE OF BEGINNING OF THIS 0.323 ACRE TRACT IN THE WEST RIGHT OF WAY OF A 60.00 FEET WIDE ROAD
EASEMENT;
THENCE WITH SAID RIGHT OF WAY, S 01 DEG 34' 35" W 80.00 FEET TO A 5/8" IRON ROD SET FOR CORNER;
THENCE N 88 DEG 25' 25" W 173.93 FEET TO A 5/8" IRON ROD SET FOR CORNER IN THE WEST LINE OF SAID 16.08 ACRE
TRACT AND THE EAST LINE OF LOT 3, BLOCK 4 OF LAKESIDE VILLAGE, A SUBDIVISION RECORDED IN VOLUME 9,
PAGE 30 OF THE POLK COUNTY PLAT RECORDS;
THENCE WITH SAID WEST LINE AND SAID EAST LINE, N 02 DEG 12' 00" E 35.55 FEET TO THE NORTHEAST CORNER OF
SAID LOT 3 AND THE SOUTHEAST CORNER OF LOT 4 OF SAID BLOCK, FOUND A FENCE CORNER POST FOR CORNER;
THENCE CONTINUING WITH SAID WEST LINE AND THE EAST LINE OF SAID LOT 4, N 08 DEG 44' 37" W 45.18 FEET TO A
POINT FOR CORNER;
THENCE S 88 DEG 25' 25" E, AT 1.16 FEET SET A 5/8" IRON ROD FOR REFERENCE AND CONTINUE ON SAME COURSE A
TOTAL DISTANCE OF 181.64 FEET TO THE PLACE OF BEGINNING AND CONTAINING 0.323 ACRE OF LAND, MORE OR
LESS.
TRACT TWO:
FIELD NOTES OF A 60.00 FOOT ROAD EASEMENT IN THE JOSEPH MORGAN SURVEY, A/56, POLK COUNTY, TEXAS AND
BEING ACROSS PART OF A 16.08 ACRE TRACT CONVEYED TO JOHN W. BASKIN AND WIFE, FAYE BASKIN, BY DEED
RECORDED IN VOLUME 929, PAGE 85 OF THE POLK COUNTY OFFICIAL RECORDS. SAID ROAD EASEMENT BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE NORTH CORNER OF SAID 16.08 ACRE TRACT, SAME BEING AN ANGLE CORNER OF THAT
CERTAIN TRACT CONVEYED TO DON BASKIN AND JOHN BASKIN BY DEED RECORDED IN VOLUME 427, PAGE 478 OF
THE POLK COUNTY DEED RECORDS, FOUND A I" GALVANIZED IRON PIPE FOR CORNER;
THENCE WITH THE EAST LINE OF SAID 16.00 ACRE TRACT AND THE WEST LINE OF SAID BASKIN TRACT S 00 DEG 17'
58" W 218.35 FEET TO THE ACTUAL PLACE OF BEGINNING OF THE HEREIN DESCRIBED EASEMENT;
THENCE CONTINUING WITH SAID EAST LINE AND SAID WEST LINES 00 DEG 17' 58: W 89.76 FEET TO A POINT;
THENCE S 42 DEG II 95 " W 258.09 FEET TO A POINT;
THENCE S 01 DEG 34' 35" W 371.67 FEET TO A POINT FOR THE BEGINNING OF A CUL-DE-SAC HAVING A 40.00 FOOT
RADIUS;
THENCE WITH SAID CUL-DE-SAC, IN A CURVE TO THE RIGHT, AN ARC DISTANCE OF 183.48 FEET TO A POINT FOR THE
END OF SAME;
THENCE N 01 DEG 34' 35" E 341.87 FEET TO A POINT;
THENCE N 69 DEG 00' W 56.99 FEET TO A POINT;
THENCE S 75 DEG 45' 29" W 67.91 FEET TO A POINT;
THENCE N 47 DEG 39' 22" W 86.92 FEET TO A POINT IN THE NORTHWEST LINE OF SAID 16.08 ACRE TRACT;
THENCE WITH SAID NORTHWEST LINE, N 48 DEG 29' 30" E 35.04 FEET AND N 40 DEG 42' 17" W 25.17 FEET TO A POINT;
THENCE S 47 DEG 39' 22" E 51.59 FEET TO A POINT;
THENCE N 75 DEG 45' 19" E 54.67 FEET TO A POINT;
THENCE S 69 DEG 00' E 63.00 FEET TO A POINT;
THENCE N 42 DEG 31' 45" E 318.23 FEET AND N 42 DEG 24' 22" E 16.62 FEET TO THE PLACE OF BEGINNING.
1111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111
NOS20110169805957
NSTS3SIG.rpt- (09/0112011)- Ver-17
THERE IS ALSO RESERVED ACROSS PART OF SAID 16.08 ACRE TRACT, A 10.00 FOOT UTILITY EASEMENT BEING
PARALLEL WITH AND ADJACENT TO THE OUT SIDE OF THE ABOVE DESCRIBED 60.00 FOOT ROAD EASEMENT AND
40.00 FOOT RADIUS CUL-DE-SAC.
I IIIII 1111111111111 IIIII Ill IIIII IIIII IIIII IIIII IIIII 111111111111111111111111111111111111111111111111
NOS20110169805957
NSTS3SIG.rpt- (09/01/2011)- Ver-17
2011-178
371 VICKSBURG LN
FILED FOP
NOTICE OF SUBSTITUTE TRUSTEE SA~f1l
Deed of Trust
Date:
Rrrnv2o11o1776oo12o
S£P 12 PM t~ 0l
April 07, 2006
Grantor(s):
CHARLESRJOHNSONJR
Original Mortgagee:
JPMORGAN CHASE BANK, N.A
Current Mortgagee:
JPMORGAN CHASE BANK, N.A.
8333 RIDGEPOINT DRIVE
IRVING, TX 75063
Mortgage Servicer:
JPMORGAN CHASE BANK, N.A.
Recorded in: CLERK'S FILE N0.3984
Legal Description:
LOTS THREE HUNDRED SXITY -TWO (362) , THREE HUNDRED SIXTY-THREE (363), AND THREE HUNDRED
SIXTY-FOUR (364), BLOCK ONE (1), SECTION THREE (3), SHILOH RIDGE SUBDIVISION, AS SHOWN BY THE
MAP OR PLAT THEREOF RECORDED IN VOLUME 5, PAGE 19, MAP RECORDS OF POLK COUNTY, TEXAS, AND
BEING A SUBDIVISION IN POLK COUNTY, TEXAS, AND RECORDED IN THE OFFICIAL DEED RECORDS OF POLK
COUNTY, TEXAS TO WHICH PLATS AND DEED AND THEIR RESPECTIVE RECORDINGS, REFERENCE IS HERE
MADE A PART HEREOF AS IF THE SAME WERE HEREIN COPIED VERBA TIM.
AT THE
POSTING
BOARD OR AS
The sale will
JPMORGAN CHASE BANK, N.A. is acting as the Mortgage Servicer for JPMORGAN CHASE BANK, N.A. FIKJA JPMORGAN
CHASE BANK, N.A, who is the Mortgagee of the Note and Deed of Trust associated with the above referenced loan.
JPMORGAN
CHASE BANK, N.A., as Mortgage Servicer, is representing the Mortgagee, whose address is:
JPMORGAN CHASE BANK, N.A. FIKIA JPMORGAN CHASE BANK, N.A
c/o JPMORGAN CHASE BANK, N.A.
8333 RIDGEPOINT DRIVE
IRVING, TX 75063
rveyor Boulevard, Suite 100
1111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111
NOS20110177600120
NSTS3SIG.Ipt- (09/0I/20I I)- Ver-I 7
2011-179
NOTICE OF ACCELERATION AND NOTICE OF TRUSTEE'S S~Jt £0
FnR p r.
2U II SEP ,
DEED OF TRUST INFORMATION:
Date: 04/04/2006
Grantor(s): KEVIN COLE
·
'
.. ,. .,r. 0·'~' .
2 PH , : r 0
c.
~teff:~'tNoJr~(Vu
Original Mortgagee: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.,
FOR LEGACY FINANCIAL GROUP, INC., ITS SUCCESSORS AND ~SSiONS .·. ';''.~-~ i'\~.!{
:-·-,t.•
:
.
',
1-!
Original Principal: 56,000.00
Recording Information
(if currently possessed): VOLUME 1503 PAGE 208 INSTRUMENT NUMBER 3363
Property County: Polk
Property: TRACT ONE:
LOT FOUR (4), BLOCK ONE (1), OF THE E. E. COCHRAN SUBDIVISION TO THE CITY OF LIVINGSTON, POLK
COUNTY, TEXAS, AS DEPICTED UPON THE PLAT THEREOF RECORDED IN VOLUME I,
PAGE 59 OF THE PLAT RECORDS OF POLK COUNTY, TEXAS.
TRACT TWO:
BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN POLK COUNTY,
TEXAS, OUT OF THEM. L. CHOATE SURVEY, ABSTRACT NO. 15 AND BEING ALL OF
THAT CERTAIN TRACT DESCRIBED IN DEED DATED MARCH 8, 2006 FROM JAR
PARTNERSHIP TO BETTY CHANSLER GRIFFIN ET AL, TO WHICH DEED REFERENCE
IS HEREBY MADE FOR ANY AND ALL PURPOSES AND THE SAID TRACT OR PARCEL
BEING DESCRIBED BY METES AND BOUNDS AS FOLLOWS, TO-WIT:
BEGINNING AT THE NORTHWEST CORNER OF LOT NO. 4 OF BLOCK NO. I OF THE E. E. COCHRAN
SUBDIVISION, A SUBDIVISION IN THE CITY OF LIVINGSTON, TEXAS, AS RECORDED
IN CABINET I ON SLIDE 22-A OF THE MAP AND PLAT RECORDS OF POLK COUNTY,
TEXAS, AND THE NORTHEAST CORNER OF LOT NO. 1 OF BLOCK NO. 4 OF THE WEST
END SUBDIVISION, A SUBDIVISION IN THE CITY OF LIVINGSTON, TEXAS, AS
RECORDED IN CABINET I ON SLIDE 15-A OF THE MAP AND PLAT RECORDS OF POLK
COUNTY, TEXAS, A 1" PIPE FOUND FOR CORNER IN THE SOUTH BOUNDARY LINE OF
A 20 FEET WIDE STRIP SHOWN AS A ROAD IN THE SAID E. E. COCHRAN
SUBDIVISION PLAT, SAID PIPE WITNESSED BY A 1/2" ROD BEARING N 89 DEG 37'07"
W, 120.29 FEET AND A 1/2" IRON ROD BEARING SOUTH 303.12 FEET;
THENCE NORTH WITH THE WEST BOUNDARY LINE OF THE SAID GRIFFIN TRACT, AT 20 FEET CROSS THE
NORTH BOUNDARY LINE OF SAID 20 FEET WIDE STRIP, AT 48.96 FEET THE
NORTHWEST CORNER OF THE SAID GRIFFIN TRACT, A 1/2" PIPE SET FOR CORNER
AT THE BACK OF A CURB OF WEST STREET, SAID PIPE WITNESSED BY A POWER
POLE BEARING S 13 DEGREES E, 5.2 FEET AND A FENCE CORNER BEARING S 31
DEGREES W, 7.6 FEET;
THENCE SEVEN CALLS WITH THE NORTH BOUNDARY LINE OF SAID GRIFFIN TRACT AND THE EXISTING
BACK OF CURB AS FOLLOWS:
(I) N 86 DEG 09' 55" E, 6.88 FEET, A POINT FOR CORNER;
(2) N 86 DEG 32' 3 I" E, 30.00 FEET, A POINT FOR CORNER;
(3) N 86 DEG 33' 12" E, 15.02 FEET, A POINT FOR CORNER;
(5) N 88 DEG 2 I. 31" E, 14.90 FEET, A POINT FOR CORNER;
(7) N 87 DEG 56'11" E, AT 6.42 FEET THE NORTHEAST CORNER OF THE SAID GRIFFIN TRACT, AN "X"
CHISELED FOR CORNER IN A CONCRETE DRIVE, SAID "X" IN LINE WITH THE BACK
OF CURB ON EACH SIDE OF THE DRIVEWAY, SAID "X" WITNESSED BY A FENCE
CORNER BEARINGS 21 DEG W, 17.2 FEET;
THENCE SOUTH WITH SAID GRIFFIN TRACT; AT 53.72 FEET THE SOUTHEAST CORNER OF THE SAID
GRIFFIN TRACT, THE NORTHEAST CORNER OF THE AFORESAID LOT NO. 4 AND THE
NORTHWEST CORNER OF LOT NO. 3 OF BLOCK NO. I OF THE AFORESAID REFERRED
TO E. E. COCHRAN SUBDIVISION, A 1/2" IRON PIPE SET FOR CORNER;
9469-N-2279
2146836558
PG1
POSTPKG
THENCE WEST WITH THE SOUTH BOUNDARY LINE OF THE SAID GRIFFIN TRACT AND THE NORTH
BOUNDARY LINE OF THE SAID LOT NO.4, AT 100.0 FEET THE POINT AND PLACE OF
BEGINNING AND CONTAINING 0.119 ACRE OF LAND, MORE OR LESS.
Reported Address: 915 WEST STREET, LIVINGSTON, TX 77351
MORTGAGE SERVICING INFORMATION:
The Mortgage Servicer, if not the Current Mortgagee, is representing the Current Mortgagee pursuant to a Mortgage
Servicing Agreement.
Current Mortgagee: Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-5
Mortgage Servicer: JPMorgan Chase, as successor in interest to, Washington Mutual Bank, F. A.
Current Beneficiary: Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-5
Mortgage Servicer
Address: 7255 Baymeadows Way, Jacksonville, FL 32256
SALE INFORMATION:
Date of Sale: Tuesday, the 4th day of October, 20 II
Time of Sale: I :OOPM or within three hours thereafter.
Place of Sale: INSIDE THE NORTH ENTRANCE OF THE COURTHOUSE NEAR THE POSTING
BOARD; IF THE 1ST TUESDAY OCCURS ON A COUNTY OBSERVED HOLIDAY, THE
FORECLOSURE SALE MAY BE HELD ON THE NORTH STEPS OF THE COURTHOUSE
in Polk County, Texas, or, if the preceeding area is no longer the designated area, at the area
most recently designated by the Polk County Commissioner's Court.
Substitute Trustees: Tommy Jackson, Rette Browning or Carolyn Ciccio, Selim Taherzadeh, Kendall Yow or David
Romness, any to act
Substitute Trustee Address: 944 I LBJ Freeway, Suite 250, Dallas, Texas 75243
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 SubstiMe Trustee has been removed and Tommy
Jackson, Rette Browning or Carolyn Ciccio, Selim Taher?..adeh, Kendall Yow or David Romness, any to act, have been
appointed as Substitute Trustees and requested to sell the Property to satisfy the indebtedness; and
WHEREAS, the undersigned law firm has been requested to provide these notices on behalf of the Current Mortgagee,
Mortgage Servicer and Substitute Trustees;
NOW, THEREFORE, NOTICE IS HEREBY GIVEN of the foregoing matters and that:
I. The maturity of the Note has been accelerated and all sums secured by the Deed of Trust have been declared to be
immediately due and payable.
2. Tommy Jackson, Rette Browning or Carolyn Ciccio, Selim Taherzadeh, Kendall Yow or David Romness, 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 ofthe 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 ofTrust.
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 Grantor's warranties specifically authorized by the
Grantor in the Deed ofTrust. 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, 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
ofthe property.
Very truly yours,
9469-N-2279
2146836558
PG2
POSTPKG
2005-1465-938
I
EXHIBIT "A"- LEGAL DESCRIPTION
Tract One:
Being a called 5.025 acres of land, more or less, situated in the JOHN PINCKNEY SURVEY,
Abstract No. 63, in Polk County, Texas, and being the same as that certain tract conveyed to Willie
L. Gill and Tonya L. Gill by deed recorded in Volume 1229, Page 269 et seq of the Official Records
ofsaid county and being more particularly described by metes and bounds as follows:
BEGINNING at a 5/8" iron rod found for the Northeast comerofthis tract, same being the Southeast
comer of the Robert L. Baughman 8. 756 acre tract described in Volume 1008, Page 43 et seq of said
Official Records and being a Western interior comer of the Theresa A. Jolmson 2.0 acre tract
described in Volume 1031, Page 855 et seq of said Official Records;
THENCE S 12° 37'W 365.66 ft., with the lower West line of said 2.0acres to its Southwest comer,
a 1/2" iron rod found for the Southeast comer of this tract in the center ofTinney Road, a 60ft. wide
road easement, and being on the Northwest line of the Vemon Howard 15.00 acre tract described in
Volume 1051, Page 468 et seq of said Official records;
THENCE S 73° 57' Wwith the Northlineofsaid 9.236acres, at38.34 ft. pass a 112" iron rod found
for reference comer, at 862.92 fupass-a Jl2}iron ro~et ~r reference comer, in al1914.23 ft. to a
60d nail found for the Southwest comer:of this tract in the ·~~1er ofKflie Lane, a 60 ft. wide road
easement, same being the Northwest cornefot &ai.d' 9.23.6
an4 bcjing an interior comer of the
Rodney C. Smith 10.503 acre tract described in Volume 738, Page 219' et seq of said Official
Records;
alres
THENCE N 38° 10' E 371.57 ft., with said road, to a 5/8" iron rod found for the Northwest comer
of this tract, same being the Southwest comer of the Richard Uster 5.36 acre tract described in
Volume 939, Page 272 et seq of said Official Records and being an exterior comer of said 10.503
acres;
THENCE N 67° 12' E with the South line of said 5.36 acres, at 30.00 ft.' pass a 112" iron rod set for
reference comer, in all 528.83 ft. to a 1/2" iron rod found for an interior comer of this tract, same
being the Southeast comer of said 5.36 acres and being the South co~er of said Baughman 8.756
acre tract;
•
THENCE N 64° 56' E 283.34 ft., with the Southeast line of said 8.156 acres to the PLACE OF
BEGlNNflllG and containing within these bounds 5.025 acres ofl~ more or less.
Tract Two:
Being a sixty (60) foot wide road easement, for the purpose of ingress and egress to the above
described 5.025 acre tract, and being across part of a 378.065 acre tract as described in Volume 340,
Pages 6&3 et seq of the the Deed Records of Polk County, Texas; said road easement being thirty
(30) feet on either side of the following described 'Centerline:
BEGINNING at the Southeast comer of said 5.025 acre tract;
THENCE Southwest 30 feet to point;
THENCE N 64° 24' 08" E, 574.36 feet to point;
THENCE N 61 o 35' 29" E, 176.0 feet;
THENCE N 45° 16' E, 257.13 feet to intersection with the East line o said 378.065 acre tract and
the East right of way of said 60.0 foot road easement;
:
THENCE with the East line of said 378.065 acre tract and said East right of way in a curve to tho
right with a radius of 5261.89 feet, an arc length of748.18 feet to the Northwest comer of said
378.065 acre tract in the North right of way of a County maintained s;aded road.
/
j
I
I
2011-180
F1LEO FfJR RECOI f
2011 SEP 12 PH 1: II
.(}~. 1, o i' :,1 :\;: u .LUR-0(.e!u
1. Property to Be Sold The property to be sold is described as follows:
SCi ': !- • ,_yr~urJ~.
Cf!! f: . '
-~:''
2. Instrument to be Foreclosed The instrument to be foreclosed is the Deed of Trust dated 08/16/2005 and recorded in Book
1465 Page 916 Document 8164 real property records of Polk County, Texas.
SEE EXHIBIT "A" SAVE AND EXCEPT THAT EASEMENT IN CLERK'S #2006-1509-687
3. Date, Time, and Place of Sale.
Date:
10/04/2011
Time:
The sale will begin no earlier than 01:00PM or no later than three hours thereafter.
Place:
Polk County Courthouse, Texas, at the following location: INSIDE NORTH ENTRANCE OF COURTHOUSE AT
POSTING BOARD OR AS DESIGNATED BY THE COUNTY COMMISSIONER'S OFFICE or as designated by the
County Commissioners Court
4. Terms of Sale. The sale will be conducted as a public auction to the highest bidder for cash. Pursuant to the deed of trust, the
mortgagee has the right to direct the Trustee to sell the property in one or more parcels and/or to sell all or only part of the
property.
Pursuant to section 51.009 of the Texas Property Code, the property will be sold in AS IS, WHERE IS condition, without any
express or implied warranties, except as to the warranties of title, if any, provided for under the deed of trust. Prospective
bidders are advised to conduct an independent investigation of the nature and physical condition of the property.
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.
5. Obligations Secured The Deed of Trust executed by DON ANNA EVANS AND RUSTY EVANS, provides that it secures
the payment of the indebtednesses in the original principal amount of $168,000.00, and obligations therein described including
but not limited to (a) the promissory note; and (b) all renewals and extensions of the note. U.S. BANK NATIONAL
ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE SPECIALTY UNDERWRITING AND RESIDENTIAL
FINANCE TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2006-BC1 is the current mortgagee of
the note and deed of trust.
6. Default and Request to Act. Default has occurred under the deed of trust, and the mortgagee has requested a Substitute
Trustee conduct this sale. Notice is given that before the sale the mortgagee may appoint another person substitute trustee to
conduct the sale.
09-30 I 092-31 0
414 TINNEY RD
· e Services
Dallas Parkay, #660
75254
A non-exclusive right-of-way and easement, thirty (30) feet in width, on. over and across
the residue of that certain two (2.0) acre tract situated in the HENRY W. AUGUSTINE
SURVEY, Abstract No. 31n Polk County. Texas. conveyed for cemetery purposes in deed
recorded in Volume 5, Page 123 et seq of the Deed Records of Polk County, Texas; the
centerline of said easement and right of way being more particularly described by metes
and bounds as foffows:
BEGINNING in the West line of said 2.0 acre tract and the rower Northeast line of a 22.7
acre tract described In a deed dated October 29, 1985 from Bessie Mae Murphy to larry
Wayne Dugat and wife, Sheny Kaye Dugat. as recorded in Volume 523, Pages 305 et seq
of the Official Records of Polk County, Texas, and being N 20° 00' W. 15.0 feet from the
Southwest comer of said 2.0 acre tract;
THENCE N 69° 28' 29• E, 15.93 feet:
THENCE N 35° 30' E, 116.56 feet;
THENCE S 83° 54' 30' E. 8. 76 feet to a County maintained road.
.A_
PAIE~OF~PAGEI
EUIBIT
'
..
-
.
THENCE continuing with said East line and a West line of the residue of said 173
Acre Tract. S2QOOO'E 584.69 feet to the Southeast comer of said 22.7 Acre Tract
and the Southwesttcomer of said 173 Acre Tract in the North Line of a 63.41 Acre
Trad described as Trad No. 121-6 in Volume 339, Page 740 of said Deed
Records, found a 5"' iron pipe .from comer rrom which a T Black Gum (X) was
found N10017W 30.60 feet. and an a· Magnolia (X) was found N35°17'E 29.90
feet:
·
THENCE with the South line of said 22.7 Acre Tract and the North line of said
63.41 Aere Tract. $6gG22'53W 363.60 feet to a point for corner;
THENCE N20000W 1203.11 feet to a point for comer in the North Une of said
22.7 Acre Tract and a South Line of said 423.92 Acre Tract;
THENCE with said line, N69028'29.E, at 154.89 feet pass the most Northerly
Northeast comer of said 22.7 Acre Tract and the Northwest comer of said 2.25
Acre Tract and continue with said South Une and the North Une of said 2.25 Acre
Tract a total distance of 363.60 feet to the Place of Beginning and containing
10.00 Acres of land.
THERE is reserved inside this Tract a 30.00 foot wide Road Easement, being
15.00 feet on each side of the following described center line;
BEGINNING in the West Une of said 10.00 Acre Tract. S20000'E 362.75 feet from
the Northwest comer of same;
11-tENCE S740J9'57.E 245.82 feet to a point for comer;
THENCE N6go28'29·e 163.05 feet to a point for corner in the East line of said
10.00 Acre Tract. N20°00W 695.76 feet from the Southeast corner of same.
Surveyed : February, 2001
~~rofessional
land Sur-royor, No. t658
EDBBiT
-4--
PAtlEAor )
rAtlE$
..
FILED FOR RFC()Li:
20 II SEP f 2 PH I: f 4
FIELDNOTES of 10.00 Acres in the Henry W. Augustine Survey, A-3. Poll(
County. Texas being part of a 2.25 Acre Tract described in a deed dated Octobe,c, r : .
20. 1981 from Bessie Murphy to larry Dugat, et ux. as recorded in Volume 40'\,()LI'-.ti{!A\\.~'J LVTJJ<RJU
Page 549 of the Polk County Deed Records and being part of a caned 22.7 Acre ,~;ir:.'~' :- :'~"·'·: 2._tx:-,~.
Tract described in a deed da\fld October 29, 1985 from Bessie Mae Murphy to
'· ··
·
··· ·
larry Wayne Ougat, et
as recorded in Volume 523, Page 305 of the Polk
County OffiCial Records. Said 10.00 Acres being more particularly described as
ux.
foflows:
BEGINNING at the Northeast corner of said 2.25 Acre Tract and the Northwest
comer of a 1.0 Aere Tract described in Volume 212, Page 269 of said Deed
Records and being In a South line of a 423.92 Acre Tract described as Tract
121-01 in Volume 339, Page 740 of said Deed Records, found a 5• iron post for
comer from which a 16. Sweet Gum (X) was found N2S010'E 11.39 feet. a 12· Pin
Oak (X) was found N24°18'E 20.37 feet. and a 10· Sweet Gum (X) was found
N11°41'E 35.64 feet;
THENCE with the East Une of said 2.25 Acre Tract and the West Line of said 1.0
Acre Tract. S20000'E 189.21 feet to the Southwest comer of said 1.0 Acre Tract
and the Northwest comer of the residue of a 2.0 Acre Tract described in Volume 5,
Page 123 of said Deed Records, found a 3• round Concrete Monument stamped
P-n81X for comer from which a 10· Sweet Gum (X) was found S34°33'E 39.30
teet. a 26. Pin Oak (X) was found N1~22W 37.23 feet. and a 30• Pin Oak (X) was
found N33°31'E 33.20 feet;
THENCE continuing with said East Une and the West Une of the residue of said
2.0 Acre Tract, S20000'E 143.73 feet to a point for comer;
THENCE S0~51'23"W 90.40 feet to a point for corner:
~1~
THENCE S8P08'3rE
feet to a point for corner in the East line of said 2.25
Acre Tract and the West LinErof the residue of said 2.0 Acre Tract:
THENCE with said Une, S20000'E 37.95 feet to the Southeast comer of said 2.25
Acre Tract and the most Easter1y Northeast comer of said 22.7 Acfe Tract:
THENCE with the most Easterly East Line of Said 22.7 Acre Tract and the West
Line of the residue of said 2. 0 Acre Tract, S20000'E 52.16 feet to the Southwest
comer of the residue of said 2.0 Acre Tract and the Northwest comer of a 2.052
Acre Tract described in Volume 796, Page 638 of said Official Records. and
continue with said East Une and the West Line of said 2.052 Acre Tract at 146.23
feel to the Southwest comer of said 2.052 Acre Tract and a Northwest oomer of
the residue of a 173 Acre Tract described in Volume 33, Page 549 of said Deed
Records, found a 3· round Concrete Monument stamped P·7775XX for comer
from which a 6. Water Oak (X) was found N509Q2'E 4.60 feet, an a· Pine {X) \\'aS
found S41°41'E 41.78 feet, and as· iron post was found S1S015'E 27.60 feet;
Emllrr
A
?~GE~Of )
rA~~S
2011-181
....
•
•
NOTICE OF SUBSTITUTE TRU~ I tri'S SALE
Assert and protect your rights as a member 'or the armed forces of the fTti41 ~Rlf~tli' ftre or
your spouse is serving on a~tive military duty, including active military duty as a member ofthe Texas
National GuanJ or the National Guard of another state or as a member of a r~U.I-&fl?oiQpoB~tiAfftl\e
armed forces of the United States, please send written notice of the active duty military service to the
sender ofthis notice immediately.
(5!>_,_;_9. '..:\_ 1 U,r~
WHEREAS, on March 26,200 I, Lmy Wayne Dugat and Frances Dugal executed that#,ijinf~~'H~ Equity Note
in the original principal sum of$55,000.00, bearing interest and being payable as therein set out io the order of Sebring Capital
Corporation; said Texas Home Equity Note being secured by the Vendor's lien retained in the Deed of even date therewith
covering the hereinafter described real property duly recorded, and being additionally secured by the Texas Home Equity
Security Instrument of even date therewith to Don W. Ledbetter, Trustec(s), covering the hereinafter described real property
recorded in the office of the County Clerk under File No. 2482, Polk County, Texas; creating a valid lien on the following
described real property lying and situated in Polk County. Texas, to-wit:
A COPY OF THE LEGAL DESCRIPTION IS ATTACHED HERETO AS EXHIBIT A. AND
INCORPORATED BY REFERENCE AS THOUGH FULLY SET FORTH HHREIN.
together with the improvements located thereon; and
WHEREAS, an Order to Proceed with Notice of Foreclosure Sale and Foreclosure Sale was entered on June 20.20 II.
under Cause No. CIV26,421, in the 258th Judicial District Court of Polk County, Texas~
WHEREAS GMAC MORTGAGE, LLC is representing the current owner and holder of said Note, under a written
Mortgage Servicing Agreement. The nan1e and address of the Mortgagee is THE BANK OF NEW YORK MELLON TRUST
COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR
TO JPMORGAN CHASE BANK N.A. SBM BANK ONE NATIONAL ASSOCIATION AS TRUSTEE FOR RASC 200 I KS2.
BY AND THROUGH ITS SERVICER-IN-FACf, GMAC MORTGAGE, LLC, c/o GMAC MORTGAGE, LLC, II 00 Virginia
Drive, P.O. Box 8300, Fort Washington, PA 19034.
WHEREAS. the Texas Home Equity Note is in default and the entire unpaid balance thereof is due and pavable
and Beneficiary has demanded payment of the Mortgaeor, and intends to have the power of sale set forth in the Texas
Home F.quity Security Instrument enforced; and
WHEREAS, the Beneficiary has appointed Gabriel Ozel, Tommy Jackson, Rene Browning, or Carolyn Ciccio, whose
address is c/o Gabriel Oz.cl. Pite Duncan, LLP, 4375 Jutland Drive, Suite 200. P.O. Box 17935, San Diego, CA 92177-0935.
as Substitute Trustee(s) under the Deed ofTrust and has directed the Substitute Trustcc(s) to enforce the power of sale under
the Deed ofTrust for the purpose ofcollecting the indebtedness described therein after giving notice of the time. place and tcnns
of said sale, and the property to be sold, pursuant to the Deed of Trust and the laws ofthe State of Texas~
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
THAT 1/\ve, Gabriel Ozel, Tommy Jackson, Rette Browning, or Carolyn Ciccio, Substitute Trustee(s), hereby give
notice that llwe will accordingly, after having posted written notice of the time, place and tcnns of a public sale of the
hereinafter described property, and after having given written notice at least twenty-one (21) days preceding the date of such
sale by certified mail to each debtor obligated to pay the Texas Home Equity Note at the address of ead. debtor according to
the records of the Beneficiary as required by the Texas Home Equity Security Instrument and the laws of the State of Texas,
sell the Property at public auction to the highest bidder or bidders for cash at the posting board inside north entrance of
courthouse, Polk County, Texas. or any other area designated by the Commissioners Court of such County. pursuant to Section
51_002 of the Texas Property Code as the place where foreclosure sales arc to take place. between the hours of 10:00 a_m_ and
4:00 p_m_. on the first Tuesday in October, 2011, the same beiag October 4. 2011. TI1e foreclosure sale wil! be conducted
between the hours of I :00 p.m. and 4:00 p.m. The earliest time the foreclosure sale will begin will be I :00 p.m.
EXECUTED in multiple originals on September 9, 2011.
000001-1 1376!
...
-
2011-182
FILED F0°_ R::C('!'
SUBSTITUTE TRUSTEE'S NOTICE OF SALE
1011 SEP 12 PM 2: 2S
Note:
Retail Installment Contract
Date: February 26, 2007
Original Creditor: Jim Walter Homes, Inc.
Debtor:
Elton Hitchen and Deborah Thomas
Holder:
Walter Mortgage Company, LLC
( >;_;;
-..~
r>
~
,~.
_,..,'
i"•)
.
.
Mechanic's Lien Contract with Power of Sale:
Date:
February 26, 2007
Grantor:
Elton Hitchen and Deborah Thomas
J. H. Kelly
Trustee:
Present Lienholder:
Walter Mortgage Company, LLC
Recording Information:
Document #2680 recorded in the Official Records
of Polk County, Texas
Property:
All that property (and improvements thereon) covered by and
described in the above Mechanic's Lien Contract with Power of
Sale (attached hereto for convenience is an Exhibit "A" intended
to be a copy of the property description contained in or attached to
the aforesaid Mechanic's Lien Contract with Power of Sale).
County:
Polk, Texas
Date of Sale (first Tuesday of month): October 4, 2011
Time of Sale: 10:00 o'clock A.M. or no later than three (3) hours thereafter
Place of Sale: The sale will be held at the county courthouse in Polk County, Texas
(located at 101 West Church Street, Livingston, Texas), the county in which the above
described Property is located, and at that area of said county courthouse which has been
so designated by the Commissioners' Court as follows: posting board inside north
entrance of courthouse.
Substitute Trustee: Walter Mortgage Company, LLC has appointed Kenneth M.
Culbreth, Jr. and others (identified in Exhibit "B" attached hereto) as Substitute Trustee,
each to act individually (the "Substitute Trustee") under the Mechanic's Lien Contract
with Power of Sale and has instructed Substitute Trustee to offer the above-described
Property for sale toward satisfaction of the Retail Installment Contract, as a result of the
default thereunder.
NOTICE IS HEREBY GIVEN that Substitute Trustee will offer the above
described Property (and improvements thereon) to the highest bidder for cash on the Date
of Sale, at the Time of Sale and at the Place of Sale as stated above.
Dated:
September 7, 20 11
~\.-----
Kenneth M. Culbreth, Jr., Substitute Trustee
500 N. SHORELINE, SUITE 900
CORPUS CHRISTI, TX 78471-0341
(361) 884-5678 (361) 888-9149 telefax
Exhibit "A"
All of Lots 459 and 460 of the Wiggins Village #1 Subdivision, Section (3) in Polk
County, Texas, as same is described in the Plat Record the said Subdivision in Volume 3,
page 38 of Plat Records of Polk County.
..
Exhibit "B"
Kenneth M. Culbreth, Jr.
500 North Shoreline, Suite 900
Corpus Christi, Nueces County, Texas 78471
Lori Stewart
9065 Jollyville, Suite 203A
Austin, Travis County, Texas 78759
Jim Mills
Emily Northern
Susan Mills
Cheryl Nugent
George Hawthorne
Karen Turner
Diana Miralles
Julia Churchwell
Note: Individually and separate, each Substitute Trustee listed above is authorized to act
alone without the joinder of the other Substitute Trustees.
Polk
.
.............
2011-183
FILED FDR Rrr.r!.
349897.1/JAB 08.31.11 dmh
Notice of Substitute Trustee's Sale
2011
SEP l2 PH 3: 26
rr.··· . ;, '
Date:
f_.)t... r\:~,~.J1.,4,~_:) J
August 31,2011
tr\) LV....{U/U
~ ~
.-11
p~~(:::, , ·:.:, ·n~"ln.
Substitute Trustee: Jeff "Marty" Barnhill
Lender:
Carol Elizabeth Pool
Note:
Original principal sum of $54,400.00 dated January 29, 2010
Deed of Trust
Date:
January 29, 2010
Grantor:
Michael Chapman and Diane Chapman
Lender:
Carol Elizabeth Pool
Recording information:
Property:
County:
Document No. 0784, dated January 29, 2010, Volume 1733,
Page 107 of the Official Public Records, Polk County, Texas
Lots Twenty-Nine (29) and Thirty (30), Block Five (5), Section Three (3), of
PINE HARBOR SUBDIVISION, Polk County, Texas, as depicted upon plat
thereof recorded in Volume 4, Page 10 of the Plat Records of Polk County,
Texas
Polk County, Texas
Date of Sale (first Tuesday of month):
October 4, 2011
Time of Sale: 10:30 a.m.
Place of Sale:
In the lobby of the Polk County Courthouse, 101 West Church Street,
Livingston, Texas
Robert T. Cain, Jr. is Trustee under the Deed of Trust. Lender has appointed Jeff "Marty"
Barnhill as Substitute Trustee under the Deed of Trust. Lender has instructed Substitute Trustee to
offer the Property for sale toward the satisfaction of the Note.
..
.
349897 .!/JAB 08.31.11 dmh
Notice is given that on the Date of Sale, Trustee will offer the Property for sale at public
auction at the Place of Sale, to the highest bidder for cash. The earliest time the sale will occur is
the Time of Sale, and the sale will be conducted no later than three hours thereafter.
f "Marty" Barnhill, Substitute Trustee
2011-184
FILED FnP
DATE:
SEPTEMBER 13, 2011
OWNERS:
WILFREDO AGUILAR
TRUSTEE:
LAURA KRZESIENSKI
Re:
B~=' !'rl·
2011 SEP 14 PH 2: SI
"DT: ~~~;,>~ ',':-· ·.: w:~~~"u
PO'.
1:
~.:;·-·,.·
··1 ... ,11:
Notice of Non-Judicial Foreclosure Sale for Nonpayment of Association Dues;
Section 3, Block 51, Lot 89, of Cedar Point Subdivision, a subdivision in Livingston,
Polk County, Texas, according to the map or plat thereof recorded in Vol. 8, Pages
35-36, of the plat records of Polk County, Texas
Cedar Point Property Owners Association has appointed the undersigned, Laura
Krzesienski, as Trustee. Trustee's address is 440 Louisiana, Ste. 1920, Houston, Texas 77002.
Notice is hereby given that on Tuesday, OCTOBER 4, 2011, beginning at 1:00PM, or
not later than three (3) hours after that time, the Trustee(s) will sell, to the highest bidder
submitting cashier's check, certified check or money order, the following described real
property:
SECTION THREE (3), BLOCK FIFTY-ONE (51), LOT EIGHTY-NINE (89), OF CEDAR
POINT SUBDIVISION, A SUBDIVISION IN LIVINGSTON, POLK COUNTY, TEXAS,
ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 8, PAGES 3536, OF THE PLAT RECORDS OF POLK COUNTY, TEXAS.
The sale will occur at the area designated by the Commissioners Court of POLK County,
Texas, for such sales (OR AT THE ROTUNDA OF THE POLK COUNTY COURTHOUSE).
EXECUTED EFFECTIVE AS OF SEPTEMBER 13,2011.
2011-185
DATE:
SEPTEMBER 13, 2011
OWNERS:
AKBAR MOMIN
TRUSTEE:
LAURA KRZESIENSKI
Re:
r"'' P o'_.
c ;,
FI' LEn
.. ~) Ft--·
r. ·,,
ZO II SEP I 4 PH 2: 5 I
Section 1, Block 1, Lots 27-31, of Cedar Point Subdivision, a subdivision in
Livingston, Polk County, Texas, according to the map or plat thereof recorded in
Vol. 8, Pages 27-32, of the plat records ofPolk County, Texas
Notice is hereby given that on Tuesday, OCTOBER 4, 2011, beginning at 1:00 PM, or
property:
SECTION ONE (1), BLOCK ONE (1), LOTS TWENTY-SEVEN through THIRTY-ONE (2731), OF CEDAR POINT SUBDIVISION, A SUBDIVISION IN LIVINGSTON, POLK
COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN
VOLUME 8, PAGES 27-32, OF THE PLAT RECORDS OF POLK COUNTY, TEXAS.
2011-186
FILED f." OR Rr• r;
DATE:
SEPTEMBER 13, 2011
OWNERS:
R. J. CAMPBELL, JR. and JUDY R. CAMPBELL
TRUSTEE:
LAURA KRZESIENSKI
Re:
2011 SEP 14 PM 2: 51
Section 1, Block 32, Lots 21 and 22, of Cedar Point Subdivision, a subdivision in
Vol. 8, Pages 27-32, of the plat records of Polk County, Texas
property:
SECTION ONE (1), BLOCK THIRTY-TWO (32), LOTS TWENTY-ONE and TWENTY-TWO
(21, 22), OF CEDAR POINT SUBDIVISION, A SUBDIVISION IN LIVINGSTON, POLK
EXECUTED EFFECTIVE AS OF SEPTEMBER 13, 2011.
2011-187
DATE:
SEPTEMBER 13,2011
OWNERS:
BILL W. and BETTY P. FLANIKEN
TRUSTEE:
LAURA KRZESIENSKI
Re:
2011 SEP 14 PM 2: 52
property:
SECTION THREE (3), BLOCK FIFTY-TWO (52), LOT THIRTY-SEVEN (37), OF CEDAR
2011-188
FltEn
...,...
DATE:
SEPTEMBER 13,2011
OWNERS:
DEBORAH ANN and ROBERT G. HOMANN
TRUSTEE:
LAURA KRZESIENSKI
Re:
f="Oq Pr-f' ·.
'
... -
•
>
'~
'
'
2011 SEP f ~ PM 2: 52
property:
SECTION ONE (1), BLOCK TWENTY-ONE (21), LOT FORTY-NINE (49), OF CEDAR
'
2011-189
DATE:
FILED FOR
~:=:r.~c;·
2011 SEP 14 PH 2: 52
SEPTEMBER 13, 2011
OWNERS:
TRUSTEE:
Re:
LAURA KRZESIENSKI
property:
SECTION ONE (1), BLOCK TWENTY-ONE (21), LOT FORTY-EIGHT (48), OF CEDAR
2011-190
FILED FOP PFCL!'
ZO \I SEP \ 4 PK 2: 52.
-,."
. . ~• n ,-. ,, , usvJ)'JJ'L~
() l.- ~"'._l.(.: ~~·.:' . ~
._j
DATE:
SEPTEMBER 13, 2011
OWNERS:
PAUL E. and SUSAN M. MCCOY
TRUSTEE:
LAURA KRZESIENSKI
Re:
.
'"'
?8V :: '~ ~~
\
...
':~t:~,
property:
SECTION ONE (1 ), BLOCK NINETEEN (19), LOT SIXTEEN (16), OF CEDAR POINT
SUBDIVISION, A SUBDIVISION IN LIVINGSTON, POLK COUNTY, TEXAS,
2011-191
DATE:
SEPTEMBER 13, 2011
OWNERS:
JERRY L. and ERMA J. PALMER
TRUSTEE:
LAURA KRZESIENSKI
Re:
FfLED FOP PfCrY
2011 SEP 14 PH 2: 52
property:
!SECTION TWO (2), BLOCK FORTY-SIX (46), LOT NINETEEN (49), OF CEDAR POINT
SUBDIVISION, A SUBDIVISION IN LIVINGSTON, POLK COUNTY, TEXAS, ACCORDING TO
THE MAP OR PLAT THEREOF RECORDED IN VOLUME 8, PAGES 33-34, OF THE PLAT
RECORDS OF POLK COUNTY, TEXAS.
The sale will occur at the area designated by the tommissioners Court of POLK County,
2011-192
DATE:
SEPTEMBER 13, 2011
OWNERS:
HAROLD H. and GERALDINE W. RHODES
TRUSTEE:
LAURA KRZESIENSKI
Re:
FILED Fnp
pfr'f)L
lOll SEP I 4 PH 2: 53
property:
SECTION ONE (1), BLOCK TWENTY-SIX (26), LOT SIXTY-ONE (61), OF CEDAR POINT
2011-193
FILED FOP
DATE:
SEPTEMBER 13, 2011
OWNERS:
WILLIAM and LEVON TURNER
TRUSTEE:
LAURA KRZESIENSKI
Re:
~r: ;"n
2011 SEP 14 PH 2: 53
property:
SECTION ONE (1), BLOCK FIVE (5), LOTS TWENTY-THREE through TWENTY-SEVEN
(23-27), OF CEDAR POINT SUBDIVISION, A SUBDIVISION IN LIVINGSTON, POLK
-----------------
2011-194
DATE:
SEPTEMBER 13,2011
OWNERS:
WILLIAM and LEVON TURNER
DONALDandLORNACOCHRAN
TRUSTEE:
LAURA KRZESIENSKI
Re:
FILED FOR prrn:
..
,
,
)1,
,
,
·. .
I
201l SEP 14 PH 2:53
property:
SECTION ONE (1), BLOCK SIX (6), LOTS NINE through ELEVEN (9-11), OF CEDAR
2011-195
FILED FOR ' '
r'• I'
NOTICE OF TRUSTEE'S SALE ZOII SEP I 4 PH 2: 53
DATE:
SEPTEMBER 13,2011
OWNERS:
STEPHAN and IRIS WELCH
TRUSTEE:
LAURA KRZESIENSKI
Re:
property:
SECTION ONE (1), BLOCK TWENTY-ONE (21), LOTS TWELVE and THIRTEEN (13, 13),
OF CEDAR POINT SUBDIVISION, A SUBDIVISION IN LIVINGSTON, POLK COUNTY,
TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 8,
PAGES 27-32, OF THE PLAT RECORDS OF POLK COUNTY, TEXAS.
2011-196
FILED FOP C:rcru·
2011 SEP 14 PH 2: 54
DATE:
SEPTEMBER 13, 2011
OWNER:
U.S. LAND CORPORATION
TRUSTEE:
LAURA KRZESIENSKI
Re:
Section 3, Block 51, Lots 91 and 92, of Cedar Point Subdivision, a subdivision in
property:
SECTION THREE (3), BLOCK FIFTY-ONE (51), LOTS NINETY-ONE (91) and NINETYTWO (92), OF CEDAR POINT SUBDIVISION, A SUBDIVISION IN LIVINGSTON, POLK
2011-197
DATE:
SEPTEMBER 13,2011
OWNERS:
HOME LOAN INVESTMENT BANK
TRUSTEE:
LAURA KRZESIENSKI
Re:
Vol. 8, Page 27-32, of the plat records of Polk County, Texas
property:
SECTION ONE (1), BLOCK TWENTY (20), LOTS TWENTY-NINE through THIRTY (29-30),
OF CEDAR POINT SUBDIVISION, A SUBDIVISION IN LIVINGSTON, POLK COUNTY,
TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 8,
PAGES 27-32, OF THE PLAT RECORDS OF POLK COUNTY, TEXAS.
2011-198
FILED FOP oc "·.
~
DATE:
SEPTEMBER 13, 2011
OWNER:
TRUSTEE:
LAURA KRZESIENSKI
Re:
'
. i
~
'
J:
lOll SEP 14 PM 3: 43
Polk County, Texas, according to the map or plat thereof recorded in Vol. 8, Page
property:
SECTION TWO (2), BLOCK THIRTY-SIX (36), LOT NINE (9), OF CEDAR POINT
ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 8, PAGE 3334, OF THE PLAT RECORDS OF POLK COUNTY, TEXAS.
Texas, for such sales (ORAT THE ROTUNDA OF THE POLK COUNTY COURTHOUSE).
:
2011-199
DATE:
SEPTEMBER 13,2011
OWNER:
TRUSTEE:
LAURA KRZESIENSKI
Re:
FILED FOf)
PF
cr-·'
20fl SEP It• PM 3: 43
property:
SECTION TWO (2), BLOCK THIRTY-EIGHT (38), LOT ONE (1), OF CEDAR POINT
2011-200
FILE() Fnt~'
Rr:·r,·•l:.
, ••.•
DATE:
SEPTEMBER 13,2011
OWNER:
TRUSTEE:
LAURA KRZESIENSKI
Re:
,['
j
••
2011 SEP 14 PM 3: 44
property:
SECTION TWO (2), BLOCK FORTY-NINE (49), LOT SEVEN (7), OF CEDAR POINT
:
2011-201
DATE:
SEPTEMBER 13, 2011
OWNER:
TRUSTEE:
LAURA KRZESIENSKI
Re:
ZO II SEP I 4 PM 3: 44
property:
SECTION THREE (3), BLOCK FIFTY-ONE (51), LOTS EIGHTY-ONE through EIGHTYEIGHT (81-88), OF CEDAR POINT SUBDIVISION, A SUBDIVISION IN LIVINGSTON,
POLK COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED
IN VOLUME 8, PAGES 35-36, OF THE PLAT RECORDS OF POLK COUNTY, TEXAS.

NOTICE OF FORECLOSURE SALE Property to Be Sold. The

Transcription

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