G00203
108 LANDMARK PARK 00000008813552 CIBOLO TX 78 08
NOTICE OF (SUBSTITUTE TRUSTEES SALE
Assert and protect your rights as a member of the armed forces of the United States If you are or your spouse is serving on active military duty including active military duty as a member of the Texas National Guard or the National Guard of another state or as a member of a reserve component of the armed forces of the United States please send written notice of the active duty military servie to the sender of this notice immediately
1 Date Time and Place of Sale
Date August 04 2020
Time The sale will begin at 1200 PM or not later than three hours after that time
Place THE NORTH PORCH OF THE GUADALUPE COUNTY COURTHOUSE OR AS DESIGNATED BY THE
COUNTY COMMISSIONERS or as designated by the county commissioners
2 Terms of Sale Cash
3 Instrument to be Foreclosed The Instrument to be foreclosed is the Deed of Trust or Contract Lien dated March 18
2016 and recorded in Document CLERKS FILE NO 2016006076 real property records of GUADALUPE County Texas
with JARVELL JACKSON AND ANGELIA L JACKSON grantor(s) and MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS INC (MERS) AS NOMINEE mortgagee
4 Obligations Secured Deed of Trust or Contmiddotact Lien executed by JARVELL JACKSON AND ANGELIA L
JACKSON securing the payment of the indebtednesses in the original principal amount of $26455800 and obligations
therein described including but not limited to the promissory note and all modifications renewals and extensions of the
promissory note MIDFIRST BANK is the cu1Tent mortgagee of the note and Deed of Trust or Contract Lien
5 Property to Be Sold The property to be sold is described in the attached Exhibit A
6 Mortgage Servicer Information The Mortgage Servicer is authorized to represent the Mortgagee by virtue of a
serv1cmg agreement with the Mortgagee Pursuant to the Servicing Agreement and Texas Property Code sect 510025 the
Mortgage Servicer is authorized to collect the debt and to administer any resulting foreclosure of the lien securing the
Property referenced above MIDLAND MORTGAGE A DIVISION OF MIDFIRST BANK as Mortgage Servicer is
representing the current mortgagee whose address is
co MIDLAND MORTGAGE A DIVISION OF MIDFIRST BANK n 999NW GRAND BLVD 0 c r
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OKLAHOMA CITY OK 73118-6077 -lt - ) n c_ -_r C nr- rr1 z ximiddot cfli I cCIJ tja~ D icbull3 r= ---11 x ~ ~r rn n 9 0
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1111111111111111111111111 11111 11111 11111 1111111m 11111111111111111111 1111111111111111111111 FCTX_NTSSrpl (020312020)-S Ver-02 NTSS000000088 I 3 5 52 Page I of3
1011 LANDMARK PARK 0000000111113552 CIBOLO TX 711I08
THIS INSTRUMENT APPOINTS THE SUBSTITUTE TRUSTEE(S) IDENTIFIED TO SELL THE PROPERTY DESCRIBED IN THE SECURITY INSTRUMENT IDENTIFIED IN THIS NOTICE OF SALE THE PERSON SIGNING THIS NOTICE IS THE ATTORNEY OR AUTHORIZED AGENT OF THE MORTGAGEE OR MORTGAGE SERVICER
The undersigned as attorney for the mortgagee or mortgage servicer does herby remove the original trustee and all successor substitute trustees and appoints in their steed AMY ORTIZ AARTI PATEL STACEY SANDERS RAMON PEREZ GARRETT SANDERS ERIKA AGUIRRE BEATRIZ SANCHEZ DYLAN RUIZ CANDICE SHULTE MARYNA DANIELIAN DEBORAH MARTIN TROY MARTIN ALEXIS MARTIN CASSIE MARTIN TERRI MARTIN SHELBY MARTIN BRUCE NEYLAND OR ALLISON ASKEW whose address is co BARRETT DAFFIN FRAPPIER TURNER amp ENGEL LLP 4004 Belt Line Road Suite 100 Addison Texas 75001-4320 as Substitute Trustee who shall hereafter exercise all powers and duties set aside to the said original trustee under the said Deed of Trust and further does
hereby request authorize and instruct said Substitute Trustee to conduct and direct the execution of remedies set aside to the beneficiary therein
-
Israel Saucedo
Certificate of Posting
My name is _________________ _ and my address is co 4004 Belt Line Road Suite 100
Addison Texas 75001-4320 I declare under penalty of perjury that on __________ I filed at the office
of the GUADALUPE County Clerk and caused to be posted at the GUADALUPE County courthouse this notice of sale
Declarants Name _______________ _
Date _________________ _
FCTX_NTSSpl (02032020)-S Ver-02 Pagel of3
108 LANDMARK PARK 00000008813552 CIBOLO TX 78I08
00000008813552 GUADALUPE
I EXHIBIT A I LOT 145 BLOCK 004 LANDMARK POINTE SUBDIVISION PHASE II WITHIN THE CORPORATE LIMITS OF THE CITY OF CIBOLO GUADALUPE COUNTY TEXAS ACCORDING TO A MAP OR PLAT THEREOF RECORDED IN VOLUME 8 PAOE(S) 255 PLAT RECORDS OF GUADALUPE COUNTY TEXAS
FCTX_NTSSrpt (02032020)-S Ver-02 Page3or3
uUU2i1 20-018923
Notice of Substitute Trustees Sale
Notice Concerning Military Duty Assert and protect your rights as a member of the armed forces of the United States If you are or your spouse is serving on active military duty including active military duty as a member of the Texas National Guard or the National Guard of another state or as a member of a reserve component of the armed forces of the United States please send written notice of the active duty military service to the sender of this notice immediately Tex Prop Codesect Sl002(i)
Mortgage Servicer LOANCARE LLC Mortgage Servicers Address 363 Vir middot middotaBeachVir middot middota23452
bull The mortgage servicer is authorized to reprcscnt the Mortgagee by virtue of a servicing agreemeot with the Mortgagee tctt) the bull bull
Deed of Trust Date July 23 2019
Original Beneficiary Mortgagee MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC AS NOMINEE FOR AMCAP MORTGAGE LTD ITS SUCCESSORS AND ASSIGNS
Recorded in Volume na Page na Instrument No 201999016568
Original MortgagorGrantor ANDREW CASH MOORE Current Beneficiary Mortgagee LAKEVIEW LOAN SERVICING LLC
Servicing AgJeement and Texas Property Code sect S 10025 the Mortgage Servicer is authorized to collect the debt and to ~Y restig foreclosure of the property securing the above referenced loan =
-lt SecuresNote in the original principal amount of$2 l 601500 executed by ANDREW MOORE and payable to the order of Lender
Property AddressMailing Address 306 MISTFLOWER NEW BRAUNFELS TX 78130
Legal Description of Property to be Sold LOT 25 BLOCK 6 OF ELLEY LANE SUBDMSION UNIT 2 AN ADDITION TO THE CITY OF NEW BRAUNFELS GUADALUPE COUNTY TEXAS ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN VOLUME 8 PAGE 799 MAP AND PLAT RECORDS GUADALUPE COUNTY TEXAS APN 56345171176
--1 D_at_e __ o_f_Sa_l_e_A_u_gust-------04_-2-0c2_0 ________ 1_E~a=r=ll=estctim=e Sale will begin 1200 PM
Place of sale of Property Guadalupe County Courthouse IO 1 E Court Street Seguin TX 78155
OR AS DESIGNATED BY THE COUNTY COMMISSIONERS OFFICE OR IN THE AREA DESIGNATED BY THE COMMISSIONERS COURT PURSUANT TO SECTION 51002 OF THE TEXAS PROPERTY CODE
The Substitute Trustee will sell the property by public auction to the highest bidder for cash at the place and date specified The sale will begin at the earliest time stated above or within three (3) hours after that time
Appointment of Substitute Trustee Default has occurred in the payment of the Note and in the performance oftbe
obligations of the Deed of Trust the same is now wholly due Because of that default LAKEVIEW LOAN SERVICING UC the owner and holder of the Note has requested Muyna Danielian Pamela Thomas Aarti Patel Amy Ortiz Garrett Sanders Stacey Sanders Dylan Ruiz Joshua Sanders Ramiro Cuevas Amy Bowman Deborah Martin Troy Martin Alexis Martin Cassie Martin Terri Martin Shelby Martin whose address is I Maucbly Irvine
CA 92618 or Deborah Martin Troy Martin Alexis Martin Cassie Martin Terri Martin DeamJa Ray or Shelby Martin whose address is 14800 Landmark Blvd Suite 850 Dallas TX 75254 to sell the property The Trustee(s)
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hashave been appointed Substitute Trustee in the place of the original trustee in the manner authorized by the deed of trust
Terms of Sale The Foreclosure Sale will be conducted as a public auction and the Property will be sold to the highest bidder for cash except that LAKEVIEW LOAN SERVICING UC bid may be by credit against the indebtedness secured by the lien of the Deed of Trust
Pursuant to section 51009 of the Texas Property Code the Property will be sold AS IS without any expressed or implied warranties except as to the warranties (if any) provided for under the Deed of Trust Prospective bidders are advised to conduct an independent investigation of the nature and physical condition of the Property
Pursuant to section 510075(a) of the Texas Property Code Maryna Danielian Pamela Thomas Aarti Patel Amy Ortiz Garrett Sanders Stacey Sanders Dylan Ruiz Joshua Sanders Ramiro Cuevas Amy Bowman Deborah Martin Troy Martin Alexis Martin Cassie Martin Terri Martin Shelby Martin whose address is 1 Mauchly Irvine CA 92618 or Deborah Martin Troy Martin Alexis Martin Cassie Martin Terri Martin Deanna Ray or Shelby Martin whose address is 14800 Landmark Blvd Suite 850 Dallas TX 75254 Trustee reserves the right to set further reasonable conditions for conducting the Foreclosure Sale Any such further conditions shall be announced before bidding is opened for the first sale of the day held by Maryna Danielian Pamela Thomas Aarti Patel Amy Ortiz Garrett Sanders Stacey Sanders Dylan Ruiz Joshua Sanders Ramiro Cuevas Amy Bowman Deborah Martin Troy Martin Alexis Martin Cassie Martin Terri Martin Shelby Martin whose address is 1 Mauchly Irvine CA 92618 or Deborah Martin Troy Martin Alexis Martin Cassie Martin Terri Martin Deanna Ray or Shelby Martin whose address is 14800 Landmark Blvd Suite 850 Dallas TX 75254 Trustee
Limitation of Damages If the sale is set aside for any reason the purchaser at the sale shall be entitled only to a return of the funds paid The purchaser shall have no further recourse against Mortgagor the Mortgagee or the Mortgagees attorney
Maryna Danielian Pamela Thomas Aarti Patel Amy Ortiz Garrett Sanders Stacey Sanders Dylan Ruiz Joshua Sanders Ramiro Cuevas Amy Bowman Deborah Martin Troy Martin Alexis Martin Cassie Martin Terri Martin Shelby Martin or Deborah Martin Troy Martin Alexis Martin Cassie Martin Terri Martin Deanna Ray or Shelby Martin Trustee
co RAS CRANE LLC 10700 Abbotts Bridge Road Suite 170 Duluth Georgia 30097 PH (470)321-7112
000220
20TX373-0014 3908 GENTLE MEADOW NEW BRAUNFELS TX 78130
NOTICE OF FORECLOSURE SALE
Property TI1e Property to be sold is described as follows
LOT 2 BLOCK 7 LEGEND POND LEGEND POINT PHASE 4 IN TIIE CITY OF NEW BRAUNFELS GUADALUPE COUNTY TEXAS ACCORDING TO PLAT THEREOF RECORDED IN VOLUME 8 PAGES 548-549 MAP AND PLAT RECORDS OF GUADALUPE COUNTY TEXAS
Security Instrument Deed of Trust dated August 24 2017 and recorded on September 13 2017 as Instrument Number 2017021829 in the real property records of GUADALUPE County Texas which contains a power of sale
Sale Infonnation August 04 2020 at 1200 PM or not later than three hours thereafter at the north porch of the Guadalupe County Courthouse or as designated by the County Commissioners Court
Terms of Sale Public auction to highest bidder for cash In accordance with Texas Property Code section 5 l009 the Property will be sold as is without any expressed or implied warranties except as to warranties of title and will be acquired by the purchaser at its own risk In accordance with Texas Property Code section 510075 the substitute trustee reserves the right to set additional reasonable conditions for conducting the sale and will announce the conditions before bidding is opened for the first sale of the day held by the substitute trustee
Obligation Secured The Deed of Trust executed by HALEY M HAMMERS secures the repayment of a Note dated August 24 2017 in the amount of $19556300 FREEDOM MORTGAGE CORPORATION whose address is co Freedom Mortgage Corporation 907 Pleasant Valley Avenue Suite 3 Mt Laurel NJ 08054 is the current mortgagee of the Deed of Trust and Note and Freedom Mortgage Corporation is the current mortgage servicer for the mortgagee Pursuant to a servicing agreement and Texas Property Code section 510025 the mortgagee authorizes the mortgage servicer to administer the foreclosure on its behal L
Substitute Trustee In accordance with Texas Property Code section 510076 and the Security Instrument referenced above mortgagee and mortgage servicers attorney appoint the substitute trustees listed below
THIS INSTRUMENT APPOINTS THE SUBSTITUTE TRUSTEE(S) IDENTIFIED TO SELL THE PROPERTY DESCRIBED IN THE SECURITY INSTRUMENT IDENTIFIED IN TIHS NQTICE OF SALE THE PERSON SIGNING THIS NOTICE IS THE ATTORNEY OR AUTHO D ~EN~F THE MORTGAGEE OR MORTGAGE SERVICER -lt c 0
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ASSERT AND PROTECT YOUR RIGHTS AS A MEMBER OF THE ARMED FORCES OF THE UNITED STATES IF YOU ARE OR YOUR SPOUSE IS SERVING ON ACTIVE MILITARY DUTY INCLUDING ACTIVE MILITARY DUTY AS A MEMBER OF THE TEXAS NATIONAL GUARD OR THE NATIONAL GUARD OF ANOTHER STATE OR AS A MEMBER OF A RESERVE COMPONENT OF THE ARMED FORCES OF THE UNITED STATES PLEASE SEND WRITTEN NOTICE OF THE ACTIVE DUTY MILITARY SERVICE TO THE SENDER OF THIS NOTICE IMMEDIATELY
Miller Watson amp George PC Dustin C George Attorney at Law Tracey Midkiff Attorney at Law Jonathan Andring Attorney at Law 5550 Granite Parkway Suite 245 Plano TX 75024
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e(s) y Ortiz Aarti Patel Stacey Sanders Ramon Perez Garrett Sanders Erika Aguirre Beatriz Sanchez Dylan Ruiz Candice Shulte Maryna Danielian Deborah Martin Troy Martin Alexis Martin Cassie Martin Terri Martin Shelby Martin Elizabeth Anderson Deanna Ray co Miller Watson amp George PC 5550 Granite Parkway Suite 245 Plano TX 75024
Certificate of Posting
declare under penalty of perjury that on the j _t day of 20~ I filed and posted this Notice of Foreclosure Sale in accordance with the
requireme of GUADALUPE County Texas and Texas Property Code sections 51002(b)(l) and 51002(b)(2)
Carrington Foreclosure Services LLC PO Box 3309 000223 Anaheim California 92803 For Sale Information (888) 313-1969 For Reinstatement Requests 1-866-874-5860
RE Pay Off Requests 1-800-561-4567 TS 20-24333 2020 JUN I 8 AH 11 I 0
1 liltSt KIEL CIIUNfY CL[rl GUADALUPE CGIUNTY
NOTICE OF SUBSTITUTE TRUSTEES SALE MY ampii
0 WHEREAS on 10212004 LOUIS TIJTTLE AND KRISTY TU1TLE as GrantorBorrower executed and delivered that certain Deed of Trust in favor of CTC REAL ESTA TE SERVICES as Trustee MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC SOLELY AS NOMINEE FOR FULL SPECTRUM LENDING INC as Beneficiary which deed of trust secures the payment of that certain promissory note of even date therewith in the original amount of $11520000 payable to the order of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC SOLELY AS NOMINEE FOR FULL SPECTRUM LENDING INC which Deed of Trust is Recorded on 1152004 as Volume 22963 Book 2082 Page 483 Loan Mod Rerecorded on 11192013 as Vol 4165 PG 0745 in Guadalupe County Texas Deed of Trust covers all of the real property personal property and fixtures described therein including but not limited to all the following described property rights and interests (the Property) to-wit
LOT SEVEN (7) BLOCK ONE (1) VOSS FARMS SUBDMSION UNIT 1 SITUATED IN GUADALUPE COUNTY TEXAS ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 6 PAGE 558 MAP AND PLAT RECORDS OF GUADALUPE COUNTY TEXAS
Commonly known as 1630 ELIZABETH CT NEW BRAUNFELS TX 78130
WHEREAS the Trustee named in the Deed of Trust having been removed the legal holder of the indebtedness described in the Deed of Trust appointed Troy Martin Deborah Martin Cassie Martin Terri Martin Alexis Martin Elizabeth Anderson or either of them as Substitute Trustee ( each being referred to as the Substitute Trustee) upon the contingency and in the manner authorized by the Deed of Trust and
WHEREAS defaults have occurred in the covenants of the Deed of Trust monetary or otherwise and the indebtedness secured by and described in the Deed of Trust is now wholly due and Carrington Mortgage Services LLC whose address is 1600 Douglass Road Suite 200 A Anaheim CA 92806 is acting as the mortgage servicer for THE BANK OF NEW YORK MELLON FK A The Bank of New York as trustee for registered Holders of CW ABS Inc Asset-Backed Certificates Series 2004-12 which is the mortgagee of the Note and Deed of Trust or mortgage and the legal holder of such indebtedness and the liens securing same has requested either one of the Substitute Trustees to sell the Property in accordance with applicable law and the terms and provisions of the Deed of Trust Carrington Mortgage Services LLC is authorized to represent the mortgagee by virtue of a written servicing agreement with the mortgagee Pursuant to that agreement and Texas Property Code Section 510025 Carrington Mortgage Services LLC is authorized to administer the foreclosure referenced herein
NOW THEREFORE NOTICE IS HEREBY GIVEN that on 842020 at 1100 AM or no later than three (3) hours after such time in Guadalupe County Texas the Substitute Trustee will sell the Property at public venue to the highest bidder for cash The sale will take place at the area designated by the Commissioners Court for sales of real property under a power of sale conferred by a deed of trust or other contract lien as follows The North porch of the Guadalupe County Courthouse
NOTICE IS FURTHER GIVEN that except to the extent that the Substitute Trustee may bind and obligate Mortgagors to warrant title the Property under the terms of the Deed of Trust conveyance of the Property shall be made without any representations or warranties whatsoever express or implied
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If the Trustee is unable to convey title for any reason the successful bidders sole and exclusive remedy shall be the return of monies paid to the Trustee and the successful bidder shall have no further recourse
If the sale is set aside for any reason the Purchaser at the sale shall be entitled only to a return of the deposit paid The Purchaser shall have no further recourse against the Mortgagor the Mortgagee or the Mortgagees Attorney
ASSERT AND PROTECT YOUR RIGHTS AS A MEMBER OF THE ARMED FORCES OF THE UNITED STATES IF YOU ARE OR YOUR SPOUSE IS SERVING ON ACTIVE MilIT ARY DUTY INCLUDING ACTIVE MILITARY DUTY AS A MEMBER OF THE TEXAS NATIONAL GUARD OR Tllli NATIONAL GUARD OF ANOTHER STATE OR AS A MEMBER OF A RESERVE COMPONENT OF THE ARMED FORCES OF THE UNITED STA TES PLEASE SEND WRITTEN NOTICE OF THE ACTIVE DUTY MILITARY SERVICE TO THE SENDER OF THIS NOTICE IMMEDIATELY
TIIlS INSTRUMENT APPOINTS THE SUBSTITUTE TRUSTEE(S) IDENTIFIED TO SELL THE PROPERTY DESCRIBED IN THE SECURITY INSTRUMENT IDENTIFIED IN THIS NOTICE OF SALE THE PERSON SIGNING Tms NOTICE IS THE ATTORNEY OR AUTHORIZED AGENT OF THE MORTGAGEE OR MORTGAGE SERVICER
WITNESS my hand this 6172020 WITNESS my hand this
~JUC(Z s~~ By Monica Sandoval Trustee Sale Specialist
Team Lead Carrington Foreclosure Services LLC as
authorized agent for Mortgagee or Mortgage Servicer
1500 South Douglass Road Suite 150 Anaheim CA 92806
stitut Trustee(s) Martin Cassie Martin Terri
Martin Alexis Martin Elizabeth Anderson
CO Carrington Foreclosure Services LLC 1500 South Douglass Road Suite 150
Anaheim CA 92806
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE
00023L
Notice of Foreclosure Sale
June 29 2020
Deed of Trust (Deed of Trust) bull Dated April 17 2018 -lt ~
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c_ Granter Mary Ann Talbot C r- m
Trustee Roy Neal Linnartz I j ~~~
Substitute Trustee Peter A James -middot--0 Jc 496 Comal Ave rn New Braunfels Texas 78130 ~ n
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Lender Shepherds Glen Partners LLC --lt
Recorded in Instrument No 201899008183 Guadalupe County Texas
of the real property records of
Legal Description All that certain tract or parcel of land known and designated as Lot 13 Block 1 Shepherds Glen Subdivision according to map or plat thereof recorded in Volume 8 Page 581-582 Map and Plat Records of Guadalupe County Texas (the Shepherds Glen Subdivision Plat)
Secures Promissory Note (Note) in the original principal amount of $4950000 executed by Mary Ann Talbot (Borrower) and payable to the order of Lender
Foreclosure Sale
Date Tuesday August 04 2020
Time The sale of the Property will be held between the hours of 1000 AM and 400 PM local time the earliest time at which the Foreclosure Sale will begin is 1 00 pm and not later than three hours thereafter
Place THE NORTH PORCH OF THE GUADALUPE COUNTY COURTHOUSE OR IN THE AREA DESIGNATED BY THE COMMISSIONERS COURT PURSUANT TO SECTION 51002 OF THE TEXAS PROPERTY CODE
Terms of Sale The Foreclosure Sale will be conducted as a public auction and the Property will be sold to the highest bidder for cash except that Shepherds Glen Partners LLCs bid may be by credit against the indebtedness secured by the lien of the Deed of Trust
Default has occurred in the payment of the Note and in the performance of the obligations of the Deed of Trust Because of that default Shepherds Glen Partners LLC the owner and holder of the Note has requested Trustee to sell the Property
The Deed of Trust may encumber both real and personal property Formal notice is hereby given of Shepherds Glen Partners LLCs election to proceed against and sell both the real property and any personal property described in the Deed of Trust in accordance with Shepherds Glen Partners LLCs rights and remedies under the Deed of Trust and section 9604(a) of the Texas Business and Commerce Code
Therefore notice is given that on and at the Date Time and Place for the Foreclosure Sale described above Trustee will sell the Property in accordance with the Terms of Sale described above the Deed of Trust and applicable Texas law
If Shepherds Glen Partners LLC passes the Foreclosure Sale notice of the date of any rescheduled foreclosure sale will be reposted and refiled in accordance with the posting and filing requirements of the Deed of Trust and the Texas Property Code
The Foreclosure Sale will be made expressly subject to any title matters set forth in the Deed of Trust but prospective bidders are reminded that by law the Foreclosure Sale will necessarily be made subject to all prior matters of record affecting the Property if any to the extent that they remain in force and effect and have not been subordinated to the Deed of Trust For the avoidance of doubt the Foreclosure Sale will not cover any part of the Property that has been released of public record from the lien andor security interest of the Deed of Trust by Shepherds Glen Partners LLC Prospective bidders are strongly urged to examine the applicable property records to determine the nature and extent of such matters if any
Pursuant to section 51009 of the Texas Property Code the Property will be sold AS IS without any expressed or implied warranties except as to the warranties (if any) provided for under the Deed of Trust Prospective bidders are advised to conduct an independent investigation of the nature and physical condition of the Property
Pursuant to section 5 l0075(a) of the Texas Property Code Trustee reserves the right to set further reasonable conditions for conducting the Foreclosure Sale Any such further conditions shall be announced before bidding is opened for the first sale of the day held by Trustee
Assert and protect your rights as a member of the armed forces of the United States If you are or your spouse is serving on active military duty including active military duty as a member of the Texas National Guard or the National Guard of another state or as a member of a reserve component of the armed forces of the United States please send written notice of the active duty military service to the sender of this notice immediately
Peter A James 496 Comal Ave New Braunfels Texas 78130 Telephone (830) 625-9300 Fax (830) 214-2054
ST A TE OF TEXAS )
COUNTY OF COMAL )
Before me the undersigned notary public on this day personally appeared Peter A James known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed
Given under my hand and seal of office on June 29 2020
11111 -1~Gl~ JOYCE KIDDER CULBERTSON ~f=~~Notary Public State of Texas -1 -s_j Comm Expires 07-25middot2023
_t--Of~~~ 11~ Notary ID 132102419
000235 NOTICE OF TRUSTEES SALE
OWNER OF RECORD Justin R Arraiga and Amanda L Struble LIEN HOLDER Cibolo Vistas Homeowners Association AMOUNT OF LIEN $366899 ($135099 homeowner assessments and late
fees $231800 attorneys fees and expenses) Does not include quarterly assessment of $7500 levied on July 1 2020
PROPERTY ADDRESS 116 Tranquil View Cibolo Texas 78108 LEGAL DESCRIPTION Lot 5 Block 1 Cibolo Vistas Subdivision Phase 3B and 2C-
1 Guadalupe County Texas
Notice is hereby given that the above-described Property is encumbered and the Owners are legally indebted to the lien holder in the amount set forth above for due but unpaid owners association assessments late fees legal expenses and filing fees levied and authorized pursuant to the Declaration of Covenants Conditions and Restrictions for Cibolo Vistas Phase-I and Providing for Cibolo Vistas Homeowners Association executed on March 23 2007 recorded in Volume 2457 Page 214 Official Public Records of Real Property of Guadalupe County Texas as amended by the Supplemental Declaration of Covenants Conditions and Restrictions for Cibolo Vistas Phase 3B and 2C-1 and Phase 3C executed on January 18 2013 recorded in Volume 4048 Page 311 Official Public Records of Real Property of Guadalupe County Texas as amended Notice is further given that the amount of the Lien may increase if future assessments are not timely paid and said subsequent indebtedness will be secured by the Lien herein described
Cibolo Vistas Homeowners Association hereby gives notice that the above-described Property will be auctioned for sale at a public sale held at the place designated for public foreclosure auctions by the Commissioners of Guadalupe County Texas The sale shall commence no earlier than 1000 am on August 4 2020 The property will be sold to the highest bidder for cash or some other form of payment acceptable to the Lien Holder
Pursuant to the Texas Property Code the Owners of the Property may have a right not later than the 180th day after the date written notice of the sale is mailed to the Owners to redeem the Property The purchaser at the foreclosure sale may not transfer ownership of the Property to a person other than the redeeming Owner during the redemption period
Executed on July 2 2020
gt- CIBOLO VISTAS HOMEOWNERS D ASSOCIATION a Texas non-profit
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ST A TE OF TEXAS sect sect
COUNTY OF BEXAR sect
Before me the undersigned notary public on this day personally appeared Tom L Nevrton Jr acting on behalf of CIBOLO VISTAS HOMEOWNERS ASSOCIATION known to me or proved to me by presentation to me of a governmentally-issued identification card to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that they executed it for the purposes and consideration expressed in it
Given under my hand and seal of office on July 2 2020
Notary~~~xas AFTER RECORDING RETURN TO Tom L Newton Jr Allen Stein amp Durbin PC P 0 Box 101507 San Antonio Texas 78201
0591800391932659jh
-2-
000236
NOTICE OF SUBSTITUTE TRUSTEES SALE
Assert and protect your rights as a member of the armed forces of the Unites States If you are or your spouse is serving on active military duty including active military duty as a member of the Texas National Guard or the National Guard of another state or as a member of a reserve component of the armed forces of the United States please send written notice of the active duty military service to the sender of this notice immediately
Home Equity Deed of Trust
Date of Security Instrument February 23 2004
Grantor Robert W Heyward and Patricia A Heyward
Original Mortgagee MERS (for The CIT GroupConsumer Finance Inc)
Recording Information Instrument 04077 Vol 1972 Page 953 Official Public Real Property (Deed) Records of Guadalupe County Texas
Current Mortgagee Apex Bank (f7ka Bank of Camden)
Mortgage Servicer Pursuant to any Servicing Agreement between the Mortgage Servicer and Mortgagee the Mortgage Servicer is authorized to represent the Mortgagee Pursuant to any Servicing agreement and Texas Property Code sect 51 0025 the Mortgage Servicer is authorized to collect the debt and to administer any resulting foreclosure of the lien securing the Property referenced above
Date of Sale August 4 2020 Time of Sale 1100 am or not later than three hours after that time Place of Sale THE NORTH PORCH OF THE GUADALUPE COUNTY COURTHOUSE
OR IF THE PRECEDING AREA IS NO LONGER THE DESIGNATED AREA AT THE AREA MOST RECENTLY DESIGNATED BY THE GUADALUPE COUNTY COMMISSIONERS COURT
Legal Description of Property to be sold
LOT 8 ANGELS ACRES GUADALUPE COUNTY TEXAS ACCORDING TO THE MAP OR PLAT THEREOF RE(ORDED IN VOLUME 4 PAGES 152-153 OF THE PLAT-lt REeuroORQS OF =-GUADALUPE COUNTY TEXAS ~ ~ 0
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Terms of sale Cash i
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NOTICE OF SUBSTITUTE TRUSTEES SALE PAGE 1 OF2 APEX-HEYWARD [2019-02489]070620bmw
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Substitute Trustee PRATT AYCOCK LTD 5050 Quorum Dr Suite 625 Dallas Texas 75254 Tele 469-294-4748 bwyseprattaycockcom
~~~ After filing return to
PRATT AYCOCK LTD Attn Bennett M Wyse 5050 Quorum Dr Suite 625 Dallas Texas 75254
NOTICE OF SUBSTITUTE TRUSTEES SALE PAOE20F2 APEX-HEYWARD [2019-02489]070620bmw
l
CAUSE NO 20-0481-CV-A
APEX BANK fka BANK OF CAMDEN
Plaintiff
v
ROBERT W HEYWARD SR PATRICIA A HEYWARD and ROBERT W HEYWARD JR ATTORNEY-IN-FACT FOR PATRICIA A HEYWARD
Defe11da11ts
IN RE 219 ANGEL LANE SEGUIN TEXAS 78155
sect sect sect sect sect sect sect sect sect sect sect sect
sect sect sect sect sect
IN THE DISTRICT COURT FILED
J21 M
JUN 3 0 2020
OF GUADALUPE COUNTY TEXAS
2o 2ST11 JUDICIAL DISTRICT
FINAL DEFAULT JUDGMENT AGAINST DEFENDANTS ROBERT W HEYWARD SR PATRICIA A HEYWARD
AND ROBERT W HEYWARD JR ATTORNEY-IN-FACT FOR PATRICIA A HEYWARD AND ORDER AUTHORIZING NON-JUDICIAL FORECLOSURE
CAME ON this date entered below for consideration Plaintiffs Motion for Entry of Final
Default Judgment against Robert W Heyward Sr Patricia A Hevward and Robert W Heyward
Jr Attorney-in-Fact for Patricia A Heyward and Order Authorizing Non-Judicial Foreclosure in
the above-entitled and numbered cause wherein Apex Bank fka Bank of Camden (hereinafter
Apex Bank) is Plaintiff and Robert W Heyward Sr Patricia A Heyward and Robert W
Heyward Jr Attorney-in-Fact for Patricia A Heyward are the Defendants against whom
judgment shall be rendered
The Plaintiff through its attorney of record has announced ready for trial Defendants
Robert W Heyward Sr Patricia A Heyward and Robert W Heyward Jr Attorney-in-Fact for
Patricia A Heyward although having been duly and legally cited to appear and answer failed to
FINAL DEFAULT JUDGMENT AND ORDER PAGE I OF4 APEX-HEYWARD 3200 (2019-02489]bmw 04i20i20
appear and answer and wholly made default
Plaintiff appeared by and through its attorney of record Citations were served on
Defendants Robert W Heyward Sr Patricia A Heyward and Robert W Heyward Jr Attorneyshy
in-Fact for Patricia A Heyward according to law and returned to the Clerk where they remained
on file for the time required by law
The case was presented to the Court The Court having read the pleadings and the
documents on file has determined that it has jurisdiction over the subject matter and of the parties
to this proceeding and is of the opinion that the allegations of Plaintiff have been admitted against
Defendants Robert W Heyward Sr Patricia A Heyward and Robert W Heyward Jr Attorneyshy
in-Fact for Patricia A Heyward
The Court finds that Defendants Robert W Heyward Sr and Patricia A Heyward
executed a Promissory Note and Allonge (Note) and a Texas Home Equity Deed of Trust
(Lien) (collectively the Loan Agreement) for the benefit of The CIT GroupConsumer
Finance Inc (the Original Lender) on or about February 23 2004 and the Loan Agreement
(Note and Lien) was subsequently assigned to Bank of Camden nka Apex Bank on or about June
5 2012 as shown by Plaintiffs pleadings and the evidence on file with the Court
The Court also finds that the account with Apex Bank (as described in the affidavit of a
representative of Plaintiff Apex Bank on file with the Court) went into default and the default
was not cured and the account has been accelerated
The Court further finds that Plaintiff Apex Bank is entitled to declaratory judgment that
Plaintiff Apex Bank has a valid and subsisting lien against the subject real property and
improvements commonly known as 219 Angel Lane Seguin GUADALUPE County Texas
FINAL DEFAULr JUDGMENT AND ORDER PAGE20F4 APEX-HEYWARDbullbull 3200 2019-02489]bmw042020
78155 (the Property) and more particularly described as follows
LOT 8 ANGELS ACRES GUADALUPE COUNTY TEXAS ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 4 PAGES 152-153 OF THE PLAT RECORDS OF GUADALUPE COUNTY TEXAS
and that Plaintiff Apex Bank is entitled to enforce its lien and is authorized by this Court
Order to foreclose against the Property by a non-judicial foreclosure to be held in accordance with
the terms and conditions of the Lien Documents TEX CONST art V sect 8 and art XVI sect 50(a)(6)
and with TEX PROP CODE sect51002
The Court also finds that all conditions precedent have been performed or have occurred
as required by TEX R Clv P 54 for Plaintiff to enforce its security interest against the Property
IT IS THEREFORE ORDERED ADJUDGED AND DECREED that Plaintiff Apex
Bank has a valid and subsisting lien against the Property and that Plaintiff Apex Bank is hereby
entitled and authorized to enforce its lien against the Property by conducting a non-judicial
foreclosure sale of the Property which shall be held in accordance with the terms and conditions
of the Lien Documents and TEX PROP CODE sect51002 and it is further
ORDERED ADJUDGED AND DECREED that this final judgment and order shall
serve as an Order of Foreclosure of the lien in accordance with TEX CONST ART XVI sect50(a)(6)
and it is further
ORDERED ADJUDGED AND DECREED that the non-judicial foreclosure shall
divest Defendants Robert W Heyward Sr Patricia A Heyward and Robert W Heyward Jr
Attorney-in-Fact for Patricia A Heyward of all of their interests in the Property and that the
purchaser of the Property at the non-judicial sale shall thereby be vested with all right title and
interest to and in the Property and it is further
ORDERED ADJUDGED AND DECREED that no personal liability or deficiency for
FINAL DEFAULT JUDGMENT AND ORDER PAGE30F4 APEX-HEYWARDbullbullbullbull3200 [2019-02489]bmw04200
the debt under the loan agreement shall be asserted against any of the Defendants and it is further
ORDERED ADJUDGED AND DECREED that Plaintiff Apex Bank recover of and
from Defendants all costs in this behalf expended and it is further
ORDERED ADJUDGED AND DECREED that after the non-judicial foreclosure sale
is held if the Property remains occupied after this judgment becomes final then the purchaser of
the Property at the foreclosure sale shall be entitled to the issuance of a writ of possession from
the clerk of this court against any occupant of the Property in accordance with TEX R Civ P 310
without further order ofthis Court and it is finally
ORDERED ADJUDGED AND DECREED that Plaintiff Apex Bank shall be allowed
such other writs and processes that may be necessary in the enforcement of Plaintiffs lien against
the Property and this Final Judgment
SIGNED on this the _n day of- JV- Q_ 2020
L Respectfully submitted
Isl Bennetti1 Wy~
Bennett M Wyse Texas State Bar No 24008315 PRATT AYCOCK LTD
5050 Quorum Dr Suite 625 Dallas Texas 75254 Office Telephone 4692944748 Alt Office Telephone 2144735551 Fax 2145409333 Email bwyseprattaycockcom Website wwwtxtnlawcom
ATTORNEYS FOR PLAINTIFF APEX BANK
FINAL DEFAULT JUDGMENT AND ORDER PAGE40F4 APEX-HEYWARDbull J00 [2019-02-189)bmw042020
GOU238 TRUSTEES NOTICE OF FORECLOSURE SALE
THE STA TE OF TEXAS )( )(
COUNTY OF GUADALUPE )(
WHEREAS by a Deed of Trust (the Deed of Trust) dated effective May 23 2018 Amanda Bean and John P Adair (the Debtor) conveyed certain property situated in Guadalupe County Texas to A Robert Raetzsch Trustee for the benefit of Concrete City Investments LLC (the bull~oteholder) to secure the indebtedness evidenced by that certain note (the Note) in the original principal amount of $8334000 which was executed by the Debtor to the Noteholder and to secure any and all other indebtedness described in the Deed of Trust
WHEREAS the Deed of Trust encumbers certain real property (the Property) located in Guadalupe County Texas described as follows
Lot 9 JACKSON EST ATES SUBDIVISION a subdivision in Guadalupe County Texas according to plat recorded in Volume 8 Page 530 Map and Plat Records Guadalupe County Texas
WHEREAS the Deed of Trust was recorded in the Official Public Records of Guadalupe County Texas under Document Number 201899011668
WHEREAS default has occurred under the terms and provisions of the Deed of Trust and the Note is now wholly due and the owner and holder of the Note has requested the undersigned as Trustee to enforce the power of sale of the Deed of Trust by selling the Property
NOW THEREFORE the undersigned as Trustee herein described hereby gives notice that Trustee will accordingly sell the Property at public auction to the highest bidder for cash AS IS at the courthouse of Guadalupe County Texas in the area designated by the commissioners court of said county for foreclosure sales of real property as evidenced by a written instrument filed in the real property records of said county being the North porch of the Guadalupe County Courthouse 101 E Court Street Seguin Guadalupe County Texas (the earliest time at which the foreclosure will be held is 1 00 oclock pm) between the hours of I 00 oclock pm and 400 oclock pm on August 4 2020 after due posting and filing of this notice and after written notice of such sale having been given by certified mail to the Debtor and any other Debtor who according to the records of the Noteholder is obligated to pay the indebtedness described above This sale will be conducted subject to the right of rescission contained in Section 51016 of the Texas Property Code
PROVIDED HOWEVER the Property is being sold subject to all matters that are prior or superior to the Deed of Trust
Assert and protect your rights if you are a member of the armed forces of the United States If you are or your spouse is serving on active military duty including active military duty as a member of the Texas National Guard or the National Guard of another state or as a member of a reserve component of the armed forces of the United States please send written notice of the active duty military service to the sender of this notice immediately
DATED this 9th day of July 2020 = cgt fJ c r
A Robert Raetzsch Trustee 202 N Camp Street Seguin Texas 78155
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1011 LANDMARK PARK 0000000111113552 CIBOLO TX 711I08
THIS INSTRUMENT APPOINTS THE SUBSTITUTE TRUSTEE(S) IDENTIFIED TO SELL THE PROPERTY DESCRIBED IN THE SECURITY INSTRUMENT IDENTIFIED IN THIS NOTICE OF SALE THE PERSON SIGNING THIS NOTICE IS THE ATTORNEY OR AUTHORIZED AGENT OF THE MORTGAGEE OR MORTGAGE SERVICER
The undersigned as attorney for the mortgagee or mortgage servicer does herby remove the original trustee and all successor substitute trustees and appoints in their steed AMY ORTIZ AARTI PATEL STACEY SANDERS RAMON PEREZ GARRETT SANDERS ERIKA AGUIRRE BEATRIZ SANCHEZ DYLAN RUIZ CANDICE SHULTE MARYNA DANIELIAN DEBORAH MARTIN TROY MARTIN ALEXIS MARTIN CASSIE MARTIN TERRI MARTIN SHELBY MARTIN BRUCE NEYLAND OR ALLISON ASKEW whose address is co BARRETT DAFFIN FRAPPIER TURNER amp ENGEL LLP 4004 Belt Line Road Suite 100 Addison Texas 75001-4320 as Substitute Trustee who shall hereafter exercise all powers and duties set aside to the said original trustee under the said Deed of Trust and further does
hereby request authorize and instruct said Substitute Trustee to conduct and direct the execution of remedies set aside to the beneficiary therein
-
Israel Saucedo
Certificate of Posting
My name is _________________ _ and my address is co 4004 Belt Line Road Suite 100
Addison Texas 75001-4320 I declare under penalty of perjury that on __________ I filed at the office
of the GUADALUPE County Clerk and caused to be posted at the GUADALUPE County courthouse this notice of sale
Declarants Name _______________ _
Date _________________ _
FCTX_NTSSpl (02032020)-S Ver-02 Pagel of3
108 LANDMARK PARK 00000008813552 CIBOLO TX 78I08
00000008813552 GUADALUPE
I EXHIBIT A I LOT 145 BLOCK 004 LANDMARK POINTE SUBDIVISION PHASE II WITHIN THE CORPORATE LIMITS OF THE CITY OF CIBOLO GUADALUPE COUNTY TEXAS ACCORDING TO A MAP OR PLAT THEREOF RECORDED IN VOLUME 8 PAOE(S) 255 PLAT RECORDS OF GUADALUPE COUNTY TEXAS
FCTX_NTSSrpt (02032020)-S Ver-02 Page3or3
uUU2i1 20-018923
Notice of Substitute Trustees Sale
Notice Concerning Military Duty Assert and protect your rights as a member of the armed forces of the United States If you are or your spouse is serving on active military duty including active military duty as a member of the Texas National Guard or the National Guard of another state or as a member of a reserve component of the armed forces of the United States please send written notice of the active duty military service to the sender of this notice immediately Tex Prop Codesect Sl002(i)
Mortgage Servicer LOANCARE LLC Mortgage Servicers Address 363 Vir middot middotaBeachVir middot middota23452
bull The mortgage servicer is authorized to reprcscnt the Mortgagee by virtue of a servicing agreemeot with the Mortgagee tctt) the bull bull
Deed of Trust Date July 23 2019
Original Beneficiary Mortgagee MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC AS NOMINEE FOR AMCAP MORTGAGE LTD ITS SUCCESSORS AND ASSIGNS
Recorded in Volume na Page na Instrument No 201999016568
Original MortgagorGrantor ANDREW CASH MOORE Current Beneficiary Mortgagee LAKEVIEW LOAN SERVICING LLC
Servicing AgJeement and Texas Property Code sect S 10025 the Mortgage Servicer is authorized to collect the debt and to ~Y restig foreclosure of the property securing the above referenced loan =
-lt SecuresNote in the original principal amount of$2 l 601500 executed by ANDREW MOORE and payable to the order of Lender
Property AddressMailing Address 306 MISTFLOWER NEW BRAUNFELS TX 78130
Legal Description of Property to be Sold LOT 25 BLOCK 6 OF ELLEY LANE SUBDMSION UNIT 2 AN ADDITION TO THE CITY OF NEW BRAUNFELS GUADALUPE COUNTY TEXAS ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN VOLUME 8 PAGE 799 MAP AND PLAT RECORDS GUADALUPE COUNTY TEXAS APN 56345171176
--1 D_at_e __ o_f_Sa_l_e_A_u_gust-------04_-2-0c2_0 ________ 1_E~a=r=ll=estctim=e Sale will begin 1200 PM
Place of sale of Property Guadalupe County Courthouse IO 1 E Court Street Seguin TX 78155
OR AS DESIGNATED BY THE COUNTY COMMISSIONERS OFFICE OR IN THE AREA DESIGNATED BY THE COMMISSIONERS COURT PURSUANT TO SECTION 51002 OF THE TEXAS PROPERTY CODE
The Substitute Trustee will sell the property by public auction to the highest bidder for cash at the place and date specified The sale will begin at the earliest time stated above or within three (3) hours after that time
Appointment of Substitute Trustee Default has occurred in the payment of the Note and in the performance oftbe
obligations of the Deed of Trust the same is now wholly due Because of that default LAKEVIEW LOAN SERVICING UC the owner and holder of the Note has requested Muyna Danielian Pamela Thomas Aarti Patel Amy Ortiz Garrett Sanders Stacey Sanders Dylan Ruiz Joshua Sanders Ramiro Cuevas Amy Bowman Deborah Martin Troy Martin Alexis Martin Cassie Martin Terri Martin Shelby Martin whose address is I Maucbly Irvine
CA 92618 or Deborah Martin Troy Martin Alexis Martin Cassie Martin Terri Martin DeamJa Ray or Shelby Martin whose address is 14800 Landmark Blvd Suite 850 Dallas TX 75254 to sell the property The Trustee(s)
11111 I 11111 IIRIIIIIIIDIIIIIIIII I I I 111111111 IIIIIHIIIIIIIIIIIHIIHIIIII II nbull IIIIIIIIIRllllllllllll 111
hashave been appointed Substitute Trustee in the place of the original trustee in the manner authorized by the deed of trust
Terms of Sale The Foreclosure Sale will be conducted as a public auction and the Property will be sold to the highest bidder for cash except that LAKEVIEW LOAN SERVICING UC bid may be by credit against the indebtedness secured by the lien of the Deed of Trust
Pursuant to section 51009 of the Texas Property Code the Property will be sold AS IS without any expressed or implied warranties except as to the warranties (if any) provided for under the Deed of Trust Prospective bidders are advised to conduct an independent investigation of the nature and physical condition of the Property
Pursuant to section 510075(a) of the Texas Property Code Maryna Danielian Pamela Thomas Aarti Patel Amy Ortiz Garrett Sanders Stacey Sanders Dylan Ruiz Joshua Sanders Ramiro Cuevas Amy Bowman Deborah Martin Troy Martin Alexis Martin Cassie Martin Terri Martin Shelby Martin whose address is 1 Mauchly Irvine CA 92618 or Deborah Martin Troy Martin Alexis Martin Cassie Martin Terri Martin Deanna Ray or Shelby Martin whose address is 14800 Landmark Blvd Suite 850 Dallas TX 75254 Trustee reserves the right to set further reasonable conditions for conducting the Foreclosure Sale Any such further conditions shall be announced before bidding is opened for the first sale of the day held by Maryna Danielian Pamela Thomas Aarti Patel Amy Ortiz Garrett Sanders Stacey Sanders Dylan Ruiz Joshua Sanders Ramiro Cuevas Amy Bowman Deborah Martin Troy Martin Alexis Martin Cassie Martin Terri Martin Shelby Martin whose address is 1 Mauchly Irvine CA 92618 or Deborah Martin Troy Martin Alexis Martin Cassie Martin Terri Martin Deanna Ray or Shelby Martin whose address is 14800 Landmark Blvd Suite 850 Dallas TX 75254 Trustee
Limitation of Damages If the sale is set aside for any reason the purchaser at the sale shall be entitled only to a return of the funds paid The purchaser shall have no further recourse against Mortgagor the Mortgagee or the Mortgagees attorney
Maryna Danielian Pamela Thomas Aarti Patel Amy Ortiz Garrett Sanders Stacey Sanders Dylan Ruiz Joshua Sanders Ramiro Cuevas Amy Bowman Deborah Martin Troy Martin Alexis Martin Cassie Martin Terri Martin Shelby Martin or Deborah Martin Troy Martin Alexis Martin Cassie Martin Terri Martin Deanna Ray or Shelby Martin Trustee
co RAS CRANE LLC 10700 Abbotts Bridge Road Suite 170 Duluth Georgia 30097 PH (470)321-7112
000220
20TX373-0014 3908 GENTLE MEADOW NEW BRAUNFELS TX 78130
NOTICE OF FORECLOSURE SALE
Property TI1e Property to be sold is described as follows
LOT 2 BLOCK 7 LEGEND POND LEGEND POINT PHASE 4 IN TIIE CITY OF NEW BRAUNFELS GUADALUPE COUNTY TEXAS ACCORDING TO PLAT THEREOF RECORDED IN VOLUME 8 PAGES 548-549 MAP AND PLAT RECORDS OF GUADALUPE COUNTY TEXAS
Security Instrument Deed of Trust dated August 24 2017 and recorded on September 13 2017 as Instrument Number 2017021829 in the real property records of GUADALUPE County Texas which contains a power of sale
Sale Infonnation August 04 2020 at 1200 PM or not later than three hours thereafter at the north porch of the Guadalupe County Courthouse or as designated by the County Commissioners Court
Terms of Sale Public auction to highest bidder for cash In accordance with Texas Property Code section 5 l009 the Property will be sold as is without any expressed or implied warranties except as to warranties of title and will be acquired by the purchaser at its own risk In accordance with Texas Property Code section 510075 the substitute trustee reserves the right to set additional reasonable conditions for conducting the sale and will announce the conditions before bidding is opened for the first sale of the day held by the substitute trustee
Obligation Secured The Deed of Trust executed by HALEY M HAMMERS secures the repayment of a Note dated August 24 2017 in the amount of $19556300 FREEDOM MORTGAGE CORPORATION whose address is co Freedom Mortgage Corporation 907 Pleasant Valley Avenue Suite 3 Mt Laurel NJ 08054 is the current mortgagee of the Deed of Trust and Note and Freedom Mortgage Corporation is the current mortgage servicer for the mortgagee Pursuant to a servicing agreement and Texas Property Code section 510025 the mortgagee authorizes the mortgage servicer to administer the foreclosure on its behal L
Substitute Trustee In accordance with Texas Property Code section 510076 and the Security Instrument referenced above mortgagee and mortgage servicers attorney appoint the substitute trustees listed below
THIS INSTRUMENT APPOINTS THE SUBSTITUTE TRUSTEE(S) IDENTIFIED TO SELL THE PROPERTY DESCRIBED IN THE SECURITY INSTRUMENT IDENTIFIED IN TIHS NQTICE OF SALE THE PERSON SIGNING THIS NOTICE IS THE ATTORNEY OR AUTHO D ~EN~F THE MORTGAGEE OR MORTGAGE SERVICER -lt c 0
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ASSERT AND PROTECT YOUR RIGHTS AS A MEMBER OF THE ARMED FORCES OF THE UNITED STATES IF YOU ARE OR YOUR SPOUSE IS SERVING ON ACTIVE MILITARY DUTY INCLUDING ACTIVE MILITARY DUTY AS A MEMBER OF THE TEXAS NATIONAL GUARD OR THE NATIONAL GUARD OF ANOTHER STATE OR AS A MEMBER OF A RESERVE COMPONENT OF THE ARMED FORCES OF THE UNITED STATES PLEASE SEND WRITTEN NOTICE OF THE ACTIVE DUTY MILITARY SERVICE TO THE SENDER OF THIS NOTICE IMMEDIATELY
Miller Watson amp George PC Dustin C George Attorney at Law Tracey Midkiff Attorney at Law Jonathan Andring Attorney at Law 5550 Granite Parkway Suite 245 Plano TX 75024
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e(s) y Ortiz Aarti Patel Stacey Sanders Ramon Perez Garrett Sanders Erika Aguirre Beatriz Sanchez Dylan Ruiz Candice Shulte Maryna Danielian Deborah Martin Troy Martin Alexis Martin Cassie Martin Terri Martin Shelby Martin Elizabeth Anderson Deanna Ray co Miller Watson amp George PC 5550 Granite Parkway Suite 245 Plano TX 75024
Certificate of Posting
declare under penalty of perjury that on the j _t day of 20~ I filed and posted this Notice of Foreclosure Sale in accordance with the
requireme of GUADALUPE County Texas and Texas Property Code sections 51002(b)(l) and 51002(b)(2)
Carrington Foreclosure Services LLC PO Box 3309 000223 Anaheim California 92803 For Sale Information (888) 313-1969 For Reinstatement Requests 1-866-874-5860
RE Pay Off Requests 1-800-561-4567 TS 20-24333 2020 JUN I 8 AH 11 I 0
1 liltSt KIEL CIIUNfY CL[rl GUADALUPE CGIUNTY
NOTICE OF SUBSTITUTE TRUSTEES SALE MY ampii
0 WHEREAS on 10212004 LOUIS TIJTTLE AND KRISTY TU1TLE as GrantorBorrower executed and delivered that certain Deed of Trust in favor of CTC REAL ESTA TE SERVICES as Trustee MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC SOLELY AS NOMINEE FOR FULL SPECTRUM LENDING INC as Beneficiary which deed of trust secures the payment of that certain promissory note of even date therewith in the original amount of $11520000 payable to the order of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC SOLELY AS NOMINEE FOR FULL SPECTRUM LENDING INC which Deed of Trust is Recorded on 1152004 as Volume 22963 Book 2082 Page 483 Loan Mod Rerecorded on 11192013 as Vol 4165 PG 0745 in Guadalupe County Texas Deed of Trust covers all of the real property personal property and fixtures described therein including but not limited to all the following described property rights and interests (the Property) to-wit
LOT SEVEN (7) BLOCK ONE (1) VOSS FARMS SUBDMSION UNIT 1 SITUATED IN GUADALUPE COUNTY TEXAS ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 6 PAGE 558 MAP AND PLAT RECORDS OF GUADALUPE COUNTY TEXAS
Commonly known as 1630 ELIZABETH CT NEW BRAUNFELS TX 78130
WHEREAS the Trustee named in the Deed of Trust having been removed the legal holder of the indebtedness described in the Deed of Trust appointed Troy Martin Deborah Martin Cassie Martin Terri Martin Alexis Martin Elizabeth Anderson or either of them as Substitute Trustee ( each being referred to as the Substitute Trustee) upon the contingency and in the manner authorized by the Deed of Trust and
WHEREAS defaults have occurred in the covenants of the Deed of Trust monetary or otherwise and the indebtedness secured by and described in the Deed of Trust is now wholly due and Carrington Mortgage Services LLC whose address is 1600 Douglass Road Suite 200 A Anaheim CA 92806 is acting as the mortgage servicer for THE BANK OF NEW YORK MELLON FK A The Bank of New York as trustee for registered Holders of CW ABS Inc Asset-Backed Certificates Series 2004-12 which is the mortgagee of the Note and Deed of Trust or mortgage and the legal holder of such indebtedness and the liens securing same has requested either one of the Substitute Trustees to sell the Property in accordance with applicable law and the terms and provisions of the Deed of Trust Carrington Mortgage Services LLC is authorized to represent the mortgagee by virtue of a written servicing agreement with the mortgagee Pursuant to that agreement and Texas Property Code Section 510025 Carrington Mortgage Services LLC is authorized to administer the foreclosure referenced herein
NOW THEREFORE NOTICE IS HEREBY GIVEN that on 842020 at 1100 AM or no later than three (3) hours after such time in Guadalupe County Texas the Substitute Trustee will sell the Property at public venue to the highest bidder for cash The sale will take place at the area designated by the Commissioners Court for sales of real property under a power of sale conferred by a deed of trust or other contract lien as follows The North porch of the Guadalupe County Courthouse
NOTICE IS FURTHER GIVEN that except to the extent that the Substitute Trustee may bind and obligate Mortgagors to warrant title the Property under the terms of the Deed of Trust conveyance of the Property shall be made without any representations or warranties whatsoever express or implied
I 11111111~ Ill H~ lllll 11111111111111111 4724799
If the Trustee is unable to convey title for any reason the successful bidders sole and exclusive remedy shall be the return of monies paid to the Trustee and the successful bidder shall have no further recourse
If the sale is set aside for any reason the Purchaser at the sale shall be entitled only to a return of the deposit paid The Purchaser shall have no further recourse against the Mortgagor the Mortgagee or the Mortgagees Attorney
ASSERT AND PROTECT YOUR RIGHTS AS A MEMBER OF THE ARMED FORCES OF THE UNITED STATES IF YOU ARE OR YOUR SPOUSE IS SERVING ON ACTIVE MilIT ARY DUTY INCLUDING ACTIVE MILITARY DUTY AS A MEMBER OF THE TEXAS NATIONAL GUARD OR Tllli NATIONAL GUARD OF ANOTHER STATE OR AS A MEMBER OF A RESERVE COMPONENT OF THE ARMED FORCES OF THE UNITED STA TES PLEASE SEND WRITTEN NOTICE OF THE ACTIVE DUTY MILITARY SERVICE TO THE SENDER OF THIS NOTICE IMMEDIATELY
TIIlS INSTRUMENT APPOINTS THE SUBSTITUTE TRUSTEE(S) IDENTIFIED TO SELL THE PROPERTY DESCRIBED IN THE SECURITY INSTRUMENT IDENTIFIED IN THIS NOTICE OF SALE THE PERSON SIGNING Tms NOTICE IS THE ATTORNEY OR AUTHORIZED AGENT OF THE MORTGAGEE OR MORTGAGE SERVICER
WITNESS my hand this 6172020 WITNESS my hand this
~JUC(Z s~~ By Monica Sandoval Trustee Sale Specialist
Team Lead Carrington Foreclosure Services LLC as
authorized agent for Mortgagee or Mortgage Servicer
1500 South Douglass Road Suite 150 Anaheim CA 92806
stitut Trustee(s) Martin Cassie Martin Terri
Martin Alexis Martin Elizabeth Anderson
CO Carrington Foreclosure Services LLC 1500 South Douglass Road Suite 150
Anaheim CA 92806
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE
00023L
Notice of Foreclosure Sale
June 29 2020
Deed of Trust (Deed of Trust) bull Dated April 17 2018 -lt ~
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Trustee Roy Neal Linnartz I j ~~~
Substitute Trustee Peter A James -middot--0 Jc 496 Comal Ave rn New Braunfels Texas 78130 ~ n
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Lender Shepherds Glen Partners LLC --lt
Recorded in Instrument No 201899008183 Guadalupe County Texas
of the real property records of
Legal Description All that certain tract or parcel of land known and designated as Lot 13 Block 1 Shepherds Glen Subdivision according to map or plat thereof recorded in Volume 8 Page 581-582 Map and Plat Records of Guadalupe County Texas (the Shepherds Glen Subdivision Plat)
Secures Promissory Note (Note) in the original principal amount of $4950000 executed by Mary Ann Talbot (Borrower) and payable to the order of Lender
Foreclosure Sale
Date Tuesday August 04 2020
Time The sale of the Property will be held between the hours of 1000 AM and 400 PM local time the earliest time at which the Foreclosure Sale will begin is 1 00 pm and not later than three hours thereafter
Place THE NORTH PORCH OF THE GUADALUPE COUNTY COURTHOUSE OR IN THE AREA DESIGNATED BY THE COMMISSIONERS COURT PURSUANT TO SECTION 51002 OF THE TEXAS PROPERTY CODE
Terms of Sale The Foreclosure Sale will be conducted as a public auction and the Property will be sold to the highest bidder for cash except that Shepherds Glen Partners LLCs bid may be by credit against the indebtedness secured by the lien of the Deed of Trust
Default has occurred in the payment of the Note and in the performance of the obligations of the Deed of Trust Because of that default Shepherds Glen Partners LLC the owner and holder of the Note has requested Trustee to sell the Property
The Deed of Trust may encumber both real and personal property Formal notice is hereby given of Shepherds Glen Partners LLCs election to proceed against and sell both the real property and any personal property described in the Deed of Trust in accordance with Shepherds Glen Partners LLCs rights and remedies under the Deed of Trust and section 9604(a) of the Texas Business and Commerce Code
Therefore notice is given that on and at the Date Time and Place for the Foreclosure Sale described above Trustee will sell the Property in accordance with the Terms of Sale described above the Deed of Trust and applicable Texas law
If Shepherds Glen Partners LLC passes the Foreclosure Sale notice of the date of any rescheduled foreclosure sale will be reposted and refiled in accordance with the posting and filing requirements of the Deed of Trust and the Texas Property Code
The Foreclosure Sale will be made expressly subject to any title matters set forth in the Deed of Trust but prospective bidders are reminded that by law the Foreclosure Sale will necessarily be made subject to all prior matters of record affecting the Property if any to the extent that they remain in force and effect and have not been subordinated to the Deed of Trust For the avoidance of doubt the Foreclosure Sale will not cover any part of the Property that has been released of public record from the lien andor security interest of the Deed of Trust by Shepherds Glen Partners LLC Prospective bidders are strongly urged to examine the applicable property records to determine the nature and extent of such matters if any
Pursuant to section 51009 of the Texas Property Code the Property will be sold AS IS without any expressed or implied warranties except as to the warranties (if any) provided for under the Deed of Trust Prospective bidders are advised to conduct an independent investigation of the nature and physical condition of the Property
Pursuant to section 5 l0075(a) of the Texas Property Code Trustee reserves the right to set further reasonable conditions for conducting the Foreclosure Sale Any such further conditions shall be announced before bidding is opened for the first sale of the day held by Trustee
Assert and protect your rights as a member of the armed forces of the United States If you are or your spouse is serving on active military duty including active military duty as a member of the Texas National Guard or the National Guard of another state or as a member of a reserve component of the armed forces of the United States please send written notice of the active duty military service to the sender of this notice immediately
Peter A James 496 Comal Ave New Braunfels Texas 78130 Telephone (830) 625-9300 Fax (830) 214-2054
ST A TE OF TEXAS )
COUNTY OF COMAL )
Before me the undersigned notary public on this day personally appeared Peter A James known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed
Given under my hand and seal of office on June 29 2020
11111 -1~Gl~ JOYCE KIDDER CULBERTSON ~f=~~Notary Public State of Texas -1 -s_j Comm Expires 07-25middot2023
_t--Of~~~ 11~ Notary ID 132102419
000235 NOTICE OF TRUSTEES SALE
OWNER OF RECORD Justin R Arraiga and Amanda L Struble LIEN HOLDER Cibolo Vistas Homeowners Association AMOUNT OF LIEN $366899 ($135099 homeowner assessments and late
fees $231800 attorneys fees and expenses) Does not include quarterly assessment of $7500 levied on July 1 2020
PROPERTY ADDRESS 116 Tranquil View Cibolo Texas 78108 LEGAL DESCRIPTION Lot 5 Block 1 Cibolo Vistas Subdivision Phase 3B and 2C-
1 Guadalupe County Texas
Notice is hereby given that the above-described Property is encumbered and the Owners are legally indebted to the lien holder in the amount set forth above for due but unpaid owners association assessments late fees legal expenses and filing fees levied and authorized pursuant to the Declaration of Covenants Conditions and Restrictions for Cibolo Vistas Phase-I and Providing for Cibolo Vistas Homeowners Association executed on March 23 2007 recorded in Volume 2457 Page 214 Official Public Records of Real Property of Guadalupe County Texas as amended by the Supplemental Declaration of Covenants Conditions and Restrictions for Cibolo Vistas Phase 3B and 2C-1 and Phase 3C executed on January 18 2013 recorded in Volume 4048 Page 311 Official Public Records of Real Property of Guadalupe County Texas as amended Notice is further given that the amount of the Lien may increase if future assessments are not timely paid and said subsequent indebtedness will be secured by the Lien herein described
Cibolo Vistas Homeowners Association hereby gives notice that the above-described Property will be auctioned for sale at a public sale held at the place designated for public foreclosure auctions by the Commissioners of Guadalupe County Texas The sale shall commence no earlier than 1000 am on August 4 2020 The property will be sold to the highest bidder for cash or some other form of payment acceptable to the Lien Holder
Pursuant to the Texas Property Code the Owners of the Property may have a right not later than the 180th day after the date written notice of the sale is mailed to the Owners to redeem the Property The purchaser at the foreclosure sale may not transfer ownership of the Property to a person other than the redeeming Owner during the redemption period
Executed on July 2 2020
gt- CIBOLO VISTAS HOMEOWNERS D ASSOCIATION a Texas non-profit
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ST A TE OF TEXAS sect sect
COUNTY OF BEXAR sect
Before me the undersigned notary public on this day personally appeared Tom L Nevrton Jr acting on behalf of CIBOLO VISTAS HOMEOWNERS ASSOCIATION known to me or proved to me by presentation to me of a governmentally-issued identification card to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that they executed it for the purposes and consideration expressed in it
Given under my hand and seal of office on July 2 2020
Notary~~~xas AFTER RECORDING RETURN TO Tom L Newton Jr Allen Stein amp Durbin PC P 0 Box 101507 San Antonio Texas 78201
0591800391932659jh
-2-
000236
NOTICE OF SUBSTITUTE TRUSTEES SALE
Assert and protect your rights as a member of the armed forces of the Unites States If you are or your spouse is serving on active military duty including active military duty as a member of the Texas National Guard or the National Guard of another state or as a member of a reserve component of the armed forces of the United States please send written notice of the active duty military service to the sender of this notice immediately
Home Equity Deed of Trust
Date of Security Instrument February 23 2004
Grantor Robert W Heyward and Patricia A Heyward
Original Mortgagee MERS (for The CIT GroupConsumer Finance Inc)
Recording Information Instrument 04077 Vol 1972 Page 953 Official Public Real Property (Deed) Records of Guadalupe County Texas
Current Mortgagee Apex Bank (f7ka Bank of Camden)
Mortgage Servicer Pursuant to any Servicing Agreement between the Mortgage Servicer and Mortgagee the Mortgage Servicer is authorized to represent the Mortgagee Pursuant to any Servicing agreement and Texas Property Code sect 51 0025 the Mortgage Servicer is authorized to collect the debt and to administer any resulting foreclosure of the lien securing the Property referenced above
Date of Sale August 4 2020 Time of Sale 1100 am or not later than three hours after that time Place of Sale THE NORTH PORCH OF THE GUADALUPE COUNTY COURTHOUSE
OR IF THE PRECEDING AREA IS NO LONGER THE DESIGNATED AREA AT THE AREA MOST RECENTLY DESIGNATED BY THE GUADALUPE COUNTY COMMISSIONERS COURT
Legal Description of Property to be sold
LOT 8 ANGELS ACRES GUADALUPE COUNTY TEXAS ACCORDING TO THE MAP OR PLAT THEREOF RE(ORDED IN VOLUME 4 PAGES 152-153 OF THE PLAT-lt REeuroORQS OF =-GUADALUPE COUNTY TEXAS ~ ~ 0
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Terms of sale Cash i
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NOTICE OF SUBSTITUTE TRUSTEES SALE PAGE 1 OF2 APEX-HEYWARD [2019-02489]070620bmw
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Substitute Trustee PRATT AYCOCK LTD 5050 Quorum Dr Suite 625 Dallas Texas 75254 Tele 469-294-4748 bwyseprattaycockcom
~~~ After filing return to
PRATT AYCOCK LTD Attn Bennett M Wyse 5050 Quorum Dr Suite 625 Dallas Texas 75254
NOTICE OF SUBSTITUTE TRUSTEES SALE PAOE20F2 APEX-HEYWARD [2019-02489]070620bmw
l
CAUSE NO 20-0481-CV-A
APEX BANK fka BANK OF CAMDEN
Plaintiff
v
ROBERT W HEYWARD SR PATRICIA A HEYWARD and ROBERT W HEYWARD JR ATTORNEY-IN-FACT FOR PATRICIA A HEYWARD
Defe11da11ts
IN RE 219 ANGEL LANE SEGUIN TEXAS 78155
sect sect sect sect sect sect sect sect sect sect sect sect
sect sect sect sect sect
IN THE DISTRICT COURT FILED
J21 M
JUN 3 0 2020
OF GUADALUPE COUNTY TEXAS
2o 2ST11 JUDICIAL DISTRICT
FINAL DEFAULT JUDGMENT AGAINST DEFENDANTS ROBERT W HEYWARD SR PATRICIA A HEYWARD
AND ROBERT W HEYWARD JR ATTORNEY-IN-FACT FOR PATRICIA A HEYWARD AND ORDER AUTHORIZING NON-JUDICIAL FORECLOSURE
CAME ON this date entered below for consideration Plaintiffs Motion for Entry of Final
Default Judgment against Robert W Heyward Sr Patricia A Hevward and Robert W Heyward
Jr Attorney-in-Fact for Patricia A Heyward and Order Authorizing Non-Judicial Foreclosure in
the above-entitled and numbered cause wherein Apex Bank fka Bank of Camden (hereinafter
Apex Bank) is Plaintiff and Robert W Heyward Sr Patricia A Heyward and Robert W
Heyward Jr Attorney-in-Fact for Patricia A Heyward are the Defendants against whom
judgment shall be rendered
The Plaintiff through its attorney of record has announced ready for trial Defendants
Robert W Heyward Sr Patricia A Heyward and Robert W Heyward Jr Attorney-in-Fact for
Patricia A Heyward although having been duly and legally cited to appear and answer failed to
FINAL DEFAULT JUDGMENT AND ORDER PAGE I OF4 APEX-HEYWARD 3200 (2019-02489]bmw 04i20i20
appear and answer and wholly made default
Plaintiff appeared by and through its attorney of record Citations were served on
Defendants Robert W Heyward Sr Patricia A Heyward and Robert W Heyward Jr Attorneyshy
in-Fact for Patricia A Heyward according to law and returned to the Clerk where they remained
on file for the time required by law
The case was presented to the Court The Court having read the pleadings and the
documents on file has determined that it has jurisdiction over the subject matter and of the parties
to this proceeding and is of the opinion that the allegations of Plaintiff have been admitted against
Defendants Robert W Heyward Sr Patricia A Heyward and Robert W Heyward Jr Attorneyshy
in-Fact for Patricia A Heyward
The Court finds that Defendants Robert W Heyward Sr and Patricia A Heyward
executed a Promissory Note and Allonge (Note) and a Texas Home Equity Deed of Trust
(Lien) (collectively the Loan Agreement) for the benefit of The CIT GroupConsumer
Finance Inc (the Original Lender) on or about February 23 2004 and the Loan Agreement
(Note and Lien) was subsequently assigned to Bank of Camden nka Apex Bank on or about June
5 2012 as shown by Plaintiffs pleadings and the evidence on file with the Court
The Court also finds that the account with Apex Bank (as described in the affidavit of a
representative of Plaintiff Apex Bank on file with the Court) went into default and the default
was not cured and the account has been accelerated
The Court further finds that Plaintiff Apex Bank is entitled to declaratory judgment that
Plaintiff Apex Bank has a valid and subsisting lien against the subject real property and
improvements commonly known as 219 Angel Lane Seguin GUADALUPE County Texas
FINAL DEFAULr JUDGMENT AND ORDER PAGE20F4 APEX-HEYWARDbullbull 3200 2019-02489]bmw042020
78155 (the Property) and more particularly described as follows
LOT 8 ANGELS ACRES GUADALUPE COUNTY TEXAS ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 4 PAGES 152-153 OF THE PLAT RECORDS OF GUADALUPE COUNTY TEXAS
and that Plaintiff Apex Bank is entitled to enforce its lien and is authorized by this Court
Order to foreclose against the Property by a non-judicial foreclosure to be held in accordance with
the terms and conditions of the Lien Documents TEX CONST art V sect 8 and art XVI sect 50(a)(6)
and with TEX PROP CODE sect51002
The Court also finds that all conditions precedent have been performed or have occurred
as required by TEX R Clv P 54 for Plaintiff to enforce its security interest against the Property
IT IS THEREFORE ORDERED ADJUDGED AND DECREED that Plaintiff Apex
Bank has a valid and subsisting lien against the Property and that Plaintiff Apex Bank is hereby
entitled and authorized to enforce its lien against the Property by conducting a non-judicial
foreclosure sale of the Property which shall be held in accordance with the terms and conditions
of the Lien Documents and TEX PROP CODE sect51002 and it is further
ORDERED ADJUDGED AND DECREED that this final judgment and order shall
serve as an Order of Foreclosure of the lien in accordance with TEX CONST ART XVI sect50(a)(6)
and it is further
ORDERED ADJUDGED AND DECREED that the non-judicial foreclosure shall
divest Defendants Robert W Heyward Sr Patricia A Heyward and Robert W Heyward Jr
Attorney-in-Fact for Patricia A Heyward of all of their interests in the Property and that the
purchaser of the Property at the non-judicial sale shall thereby be vested with all right title and
interest to and in the Property and it is further
ORDERED ADJUDGED AND DECREED that no personal liability or deficiency for
FINAL DEFAULT JUDGMENT AND ORDER PAGE30F4 APEX-HEYWARDbullbullbullbull3200 [2019-02489]bmw04200
the debt under the loan agreement shall be asserted against any of the Defendants and it is further
ORDERED ADJUDGED AND DECREED that Plaintiff Apex Bank recover of and
from Defendants all costs in this behalf expended and it is further
ORDERED ADJUDGED AND DECREED that after the non-judicial foreclosure sale
is held if the Property remains occupied after this judgment becomes final then the purchaser of
the Property at the foreclosure sale shall be entitled to the issuance of a writ of possession from
the clerk of this court against any occupant of the Property in accordance with TEX R Civ P 310
without further order ofthis Court and it is finally
ORDERED ADJUDGED AND DECREED that Plaintiff Apex Bank shall be allowed
such other writs and processes that may be necessary in the enforcement of Plaintiffs lien against
the Property and this Final Judgment
SIGNED on this the _n day of- JV- Q_ 2020
L Respectfully submitted
Isl Bennetti1 Wy~
Bennett M Wyse Texas State Bar No 24008315 PRATT AYCOCK LTD
5050 Quorum Dr Suite 625 Dallas Texas 75254 Office Telephone 4692944748 Alt Office Telephone 2144735551 Fax 2145409333 Email bwyseprattaycockcom Website wwwtxtnlawcom
ATTORNEYS FOR PLAINTIFF APEX BANK
FINAL DEFAULT JUDGMENT AND ORDER PAGE40F4 APEX-HEYWARDbull J00 [2019-02-189)bmw042020
GOU238 TRUSTEES NOTICE OF FORECLOSURE SALE
THE STA TE OF TEXAS )( )(
COUNTY OF GUADALUPE )(
WHEREAS by a Deed of Trust (the Deed of Trust) dated effective May 23 2018 Amanda Bean and John P Adair (the Debtor) conveyed certain property situated in Guadalupe County Texas to A Robert Raetzsch Trustee for the benefit of Concrete City Investments LLC (the bull~oteholder) to secure the indebtedness evidenced by that certain note (the Note) in the original principal amount of $8334000 which was executed by the Debtor to the Noteholder and to secure any and all other indebtedness described in the Deed of Trust
WHEREAS the Deed of Trust encumbers certain real property (the Property) located in Guadalupe County Texas described as follows
Lot 9 JACKSON EST ATES SUBDIVISION a subdivision in Guadalupe County Texas according to plat recorded in Volume 8 Page 530 Map and Plat Records Guadalupe County Texas
WHEREAS the Deed of Trust was recorded in the Official Public Records of Guadalupe County Texas under Document Number 201899011668
WHEREAS default has occurred under the terms and provisions of the Deed of Trust and the Note is now wholly due and the owner and holder of the Note has requested the undersigned as Trustee to enforce the power of sale of the Deed of Trust by selling the Property
NOW THEREFORE the undersigned as Trustee herein described hereby gives notice that Trustee will accordingly sell the Property at public auction to the highest bidder for cash AS IS at the courthouse of Guadalupe County Texas in the area designated by the commissioners court of said county for foreclosure sales of real property as evidenced by a written instrument filed in the real property records of said county being the North porch of the Guadalupe County Courthouse 101 E Court Street Seguin Guadalupe County Texas (the earliest time at which the foreclosure will be held is 1 00 oclock pm) between the hours of I 00 oclock pm and 400 oclock pm on August 4 2020 after due posting and filing of this notice and after written notice of such sale having been given by certified mail to the Debtor and any other Debtor who according to the records of the Noteholder is obligated to pay the indebtedness described above This sale will be conducted subject to the right of rescission contained in Section 51016 of the Texas Property Code
PROVIDED HOWEVER the Property is being sold subject to all matters that are prior or superior to the Deed of Trust
Assert and protect your rights if you are a member of the armed forces of the United States If you are or your spouse is serving on active military duty including active military duty as a member of the Texas National Guard or the National Guard of another state or as a member of a reserve component of the armed forces of the United States please send written notice of the active duty military service to the sender of this notice immediately
DATED this 9th day of July 2020 = cgt fJ c r
A Robert Raetzsch Trustee 202 N Camp Street Seguin Texas 78155
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108 LANDMARK PARK 00000008813552 CIBOLO TX 78I08
00000008813552 GUADALUPE
I EXHIBIT A I LOT 145 BLOCK 004 LANDMARK POINTE SUBDIVISION PHASE II WITHIN THE CORPORATE LIMITS OF THE CITY OF CIBOLO GUADALUPE COUNTY TEXAS ACCORDING TO A MAP OR PLAT THEREOF RECORDED IN VOLUME 8 PAOE(S) 255 PLAT RECORDS OF GUADALUPE COUNTY TEXAS
FCTX_NTSSrpt (02032020)-S Ver-02 Page3or3
uUU2i1 20-018923
Notice of Substitute Trustees Sale
Notice Concerning Military Duty Assert and protect your rights as a member of the armed forces of the United States If you are or your spouse is serving on active military duty including active military duty as a member of the Texas National Guard or the National Guard of another state or as a member of a reserve component of the armed forces of the United States please send written notice of the active duty military service to the sender of this notice immediately Tex Prop Codesect Sl002(i)
Mortgage Servicer LOANCARE LLC Mortgage Servicers Address 363 Vir middot middotaBeachVir middot middota23452
bull The mortgage servicer is authorized to reprcscnt the Mortgagee by virtue of a servicing agreemeot with the Mortgagee tctt) the bull bull
Deed of Trust Date July 23 2019
Original Beneficiary Mortgagee MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC AS NOMINEE FOR AMCAP MORTGAGE LTD ITS SUCCESSORS AND ASSIGNS
Recorded in Volume na Page na Instrument No 201999016568
Original MortgagorGrantor ANDREW CASH MOORE Current Beneficiary Mortgagee LAKEVIEW LOAN SERVICING LLC
Servicing AgJeement and Texas Property Code sect S 10025 the Mortgage Servicer is authorized to collect the debt and to ~Y restig foreclosure of the property securing the above referenced loan =
-lt SecuresNote in the original principal amount of$2 l 601500 executed by ANDREW MOORE and payable to the order of Lender
Property AddressMailing Address 306 MISTFLOWER NEW BRAUNFELS TX 78130
Legal Description of Property to be Sold LOT 25 BLOCK 6 OF ELLEY LANE SUBDMSION UNIT 2 AN ADDITION TO THE CITY OF NEW BRAUNFELS GUADALUPE COUNTY TEXAS ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN VOLUME 8 PAGE 799 MAP AND PLAT RECORDS GUADALUPE COUNTY TEXAS APN 56345171176
--1 D_at_e __ o_f_Sa_l_e_A_u_gust-------04_-2-0c2_0 ________ 1_E~a=r=ll=estctim=e Sale will begin 1200 PM
Place of sale of Property Guadalupe County Courthouse IO 1 E Court Street Seguin TX 78155
OR AS DESIGNATED BY THE COUNTY COMMISSIONERS OFFICE OR IN THE AREA DESIGNATED BY THE COMMISSIONERS COURT PURSUANT TO SECTION 51002 OF THE TEXAS PROPERTY CODE
The Substitute Trustee will sell the property by public auction to the highest bidder for cash at the place and date specified The sale will begin at the earliest time stated above or within three (3) hours after that time
Appointment of Substitute Trustee Default has occurred in the payment of the Note and in the performance oftbe
obligations of the Deed of Trust the same is now wholly due Because of that default LAKEVIEW LOAN SERVICING UC the owner and holder of the Note has requested Muyna Danielian Pamela Thomas Aarti Patel Amy Ortiz Garrett Sanders Stacey Sanders Dylan Ruiz Joshua Sanders Ramiro Cuevas Amy Bowman Deborah Martin Troy Martin Alexis Martin Cassie Martin Terri Martin Shelby Martin whose address is I Maucbly Irvine
CA 92618 or Deborah Martin Troy Martin Alexis Martin Cassie Martin Terri Martin DeamJa Ray or Shelby Martin whose address is 14800 Landmark Blvd Suite 850 Dallas TX 75254 to sell the property The Trustee(s)
11111 I 11111 IIRIIIIIIIDIIIIIIIII I I I 111111111 IIIIIHIIIIIIIIIIIHIIHIIIII II nbull IIIIIIIIIRllllllllllll 111
hashave been appointed Substitute Trustee in the place of the original trustee in the manner authorized by the deed of trust
Terms of Sale The Foreclosure Sale will be conducted as a public auction and the Property will be sold to the highest bidder for cash except that LAKEVIEW LOAN SERVICING UC bid may be by credit against the indebtedness secured by the lien of the Deed of Trust
Pursuant to section 51009 of the Texas Property Code the Property will be sold AS IS without any expressed or implied warranties except as to the warranties (if any) provided for under the Deed of Trust Prospective bidders are advised to conduct an independent investigation of the nature and physical condition of the Property
Pursuant to section 510075(a) of the Texas Property Code Maryna Danielian Pamela Thomas Aarti Patel Amy Ortiz Garrett Sanders Stacey Sanders Dylan Ruiz Joshua Sanders Ramiro Cuevas Amy Bowman Deborah Martin Troy Martin Alexis Martin Cassie Martin Terri Martin Shelby Martin whose address is 1 Mauchly Irvine CA 92618 or Deborah Martin Troy Martin Alexis Martin Cassie Martin Terri Martin Deanna Ray or Shelby Martin whose address is 14800 Landmark Blvd Suite 850 Dallas TX 75254 Trustee reserves the right to set further reasonable conditions for conducting the Foreclosure Sale Any such further conditions shall be announced before bidding is opened for the first sale of the day held by Maryna Danielian Pamela Thomas Aarti Patel Amy Ortiz Garrett Sanders Stacey Sanders Dylan Ruiz Joshua Sanders Ramiro Cuevas Amy Bowman Deborah Martin Troy Martin Alexis Martin Cassie Martin Terri Martin Shelby Martin whose address is 1 Mauchly Irvine CA 92618 or Deborah Martin Troy Martin Alexis Martin Cassie Martin Terri Martin Deanna Ray or Shelby Martin whose address is 14800 Landmark Blvd Suite 850 Dallas TX 75254 Trustee
Limitation of Damages If the sale is set aside for any reason the purchaser at the sale shall be entitled only to a return of the funds paid The purchaser shall have no further recourse against Mortgagor the Mortgagee or the Mortgagees attorney
Maryna Danielian Pamela Thomas Aarti Patel Amy Ortiz Garrett Sanders Stacey Sanders Dylan Ruiz Joshua Sanders Ramiro Cuevas Amy Bowman Deborah Martin Troy Martin Alexis Martin Cassie Martin Terri Martin Shelby Martin or Deborah Martin Troy Martin Alexis Martin Cassie Martin Terri Martin Deanna Ray or Shelby Martin Trustee
co RAS CRANE LLC 10700 Abbotts Bridge Road Suite 170 Duluth Georgia 30097 PH (470)321-7112
000220
20TX373-0014 3908 GENTLE MEADOW NEW BRAUNFELS TX 78130
NOTICE OF FORECLOSURE SALE
Property TI1e Property to be sold is described as follows
LOT 2 BLOCK 7 LEGEND POND LEGEND POINT PHASE 4 IN TIIE CITY OF NEW BRAUNFELS GUADALUPE COUNTY TEXAS ACCORDING TO PLAT THEREOF RECORDED IN VOLUME 8 PAGES 548-549 MAP AND PLAT RECORDS OF GUADALUPE COUNTY TEXAS
Security Instrument Deed of Trust dated August 24 2017 and recorded on September 13 2017 as Instrument Number 2017021829 in the real property records of GUADALUPE County Texas which contains a power of sale
Sale Infonnation August 04 2020 at 1200 PM or not later than three hours thereafter at the north porch of the Guadalupe County Courthouse or as designated by the County Commissioners Court
Terms of Sale Public auction to highest bidder for cash In accordance with Texas Property Code section 5 l009 the Property will be sold as is without any expressed or implied warranties except as to warranties of title and will be acquired by the purchaser at its own risk In accordance with Texas Property Code section 510075 the substitute trustee reserves the right to set additional reasonable conditions for conducting the sale and will announce the conditions before bidding is opened for the first sale of the day held by the substitute trustee
Obligation Secured The Deed of Trust executed by HALEY M HAMMERS secures the repayment of a Note dated August 24 2017 in the amount of $19556300 FREEDOM MORTGAGE CORPORATION whose address is co Freedom Mortgage Corporation 907 Pleasant Valley Avenue Suite 3 Mt Laurel NJ 08054 is the current mortgagee of the Deed of Trust and Note and Freedom Mortgage Corporation is the current mortgage servicer for the mortgagee Pursuant to a servicing agreement and Texas Property Code section 510025 the mortgagee authorizes the mortgage servicer to administer the foreclosure on its behal L
Substitute Trustee In accordance with Texas Property Code section 510076 and the Security Instrument referenced above mortgagee and mortgage servicers attorney appoint the substitute trustees listed below
THIS INSTRUMENT APPOINTS THE SUBSTITUTE TRUSTEE(S) IDENTIFIED TO SELL THE PROPERTY DESCRIBED IN THE SECURITY INSTRUMENT IDENTIFIED IN TIHS NQTICE OF SALE THE PERSON SIGNING THIS NOTICE IS THE ATTORNEY OR AUTHO D ~EN~F THE MORTGAGEE OR MORTGAGE SERVICER -lt c 0
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ASSERT AND PROTECT YOUR RIGHTS AS A MEMBER OF THE ARMED FORCES OF THE UNITED STATES IF YOU ARE OR YOUR SPOUSE IS SERVING ON ACTIVE MILITARY DUTY INCLUDING ACTIVE MILITARY DUTY AS A MEMBER OF THE TEXAS NATIONAL GUARD OR THE NATIONAL GUARD OF ANOTHER STATE OR AS A MEMBER OF A RESERVE COMPONENT OF THE ARMED FORCES OF THE UNITED STATES PLEASE SEND WRITTEN NOTICE OF THE ACTIVE DUTY MILITARY SERVICE TO THE SENDER OF THIS NOTICE IMMEDIATELY
Miller Watson amp George PC Dustin C George Attorney at Law Tracey Midkiff Attorney at Law Jonathan Andring Attorney at Law 5550 Granite Parkway Suite 245 Plano TX 75024
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e(s) y Ortiz Aarti Patel Stacey Sanders Ramon Perez Garrett Sanders Erika Aguirre Beatriz Sanchez Dylan Ruiz Candice Shulte Maryna Danielian Deborah Martin Troy Martin Alexis Martin Cassie Martin Terri Martin Shelby Martin Elizabeth Anderson Deanna Ray co Miller Watson amp George PC 5550 Granite Parkway Suite 245 Plano TX 75024
Certificate of Posting
declare under penalty of perjury that on the j _t day of 20~ I filed and posted this Notice of Foreclosure Sale in accordance with the
requireme of GUADALUPE County Texas and Texas Property Code sections 51002(b)(l) and 51002(b)(2)
Carrington Foreclosure Services LLC PO Box 3309 000223 Anaheim California 92803 For Sale Information (888) 313-1969 For Reinstatement Requests 1-866-874-5860
RE Pay Off Requests 1-800-561-4567 TS 20-24333 2020 JUN I 8 AH 11 I 0
1 liltSt KIEL CIIUNfY CL[rl GUADALUPE CGIUNTY
NOTICE OF SUBSTITUTE TRUSTEES SALE MY ampii
0 WHEREAS on 10212004 LOUIS TIJTTLE AND KRISTY TU1TLE as GrantorBorrower executed and delivered that certain Deed of Trust in favor of CTC REAL ESTA TE SERVICES as Trustee MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC SOLELY AS NOMINEE FOR FULL SPECTRUM LENDING INC as Beneficiary which deed of trust secures the payment of that certain promissory note of even date therewith in the original amount of $11520000 payable to the order of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC SOLELY AS NOMINEE FOR FULL SPECTRUM LENDING INC which Deed of Trust is Recorded on 1152004 as Volume 22963 Book 2082 Page 483 Loan Mod Rerecorded on 11192013 as Vol 4165 PG 0745 in Guadalupe County Texas Deed of Trust covers all of the real property personal property and fixtures described therein including but not limited to all the following described property rights and interests (the Property) to-wit
LOT SEVEN (7) BLOCK ONE (1) VOSS FARMS SUBDMSION UNIT 1 SITUATED IN GUADALUPE COUNTY TEXAS ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 6 PAGE 558 MAP AND PLAT RECORDS OF GUADALUPE COUNTY TEXAS
Commonly known as 1630 ELIZABETH CT NEW BRAUNFELS TX 78130
WHEREAS the Trustee named in the Deed of Trust having been removed the legal holder of the indebtedness described in the Deed of Trust appointed Troy Martin Deborah Martin Cassie Martin Terri Martin Alexis Martin Elizabeth Anderson or either of them as Substitute Trustee ( each being referred to as the Substitute Trustee) upon the contingency and in the manner authorized by the Deed of Trust and
WHEREAS defaults have occurred in the covenants of the Deed of Trust monetary or otherwise and the indebtedness secured by and described in the Deed of Trust is now wholly due and Carrington Mortgage Services LLC whose address is 1600 Douglass Road Suite 200 A Anaheim CA 92806 is acting as the mortgage servicer for THE BANK OF NEW YORK MELLON FK A The Bank of New York as trustee for registered Holders of CW ABS Inc Asset-Backed Certificates Series 2004-12 which is the mortgagee of the Note and Deed of Trust or mortgage and the legal holder of such indebtedness and the liens securing same has requested either one of the Substitute Trustees to sell the Property in accordance with applicable law and the terms and provisions of the Deed of Trust Carrington Mortgage Services LLC is authorized to represent the mortgagee by virtue of a written servicing agreement with the mortgagee Pursuant to that agreement and Texas Property Code Section 510025 Carrington Mortgage Services LLC is authorized to administer the foreclosure referenced herein
NOW THEREFORE NOTICE IS HEREBY GIVEN that on 842020 at 1100 AM or no later than three (3) hours after such time in Guadalupe County Texas the Substitute Trustee will sell the Property at public venue to the highest bidder for cash The sale will take place at the area designated by the Commissioners Court for sales of real property under a power of sale conferred by a deed of trust or other contract lien as follows The North porch of the Guadalupe County Courthouse
NOTICE IS FURTHER GIVEN that except to the extent that the Substitute Trustee may bind and obligate Mortgagors to warrant title the Property under the terms of the Deed of Trust conveyance of the Property shall be made without any representations or warranties whatsoever express or implied
I 11111111~ Ill H~ lllll 11111111111111111 4724799
If the Trustee is unable to convey title for any reason the successful bidders sole and exclusive remedy shall be the return of monies paid to the Trustee and the successful bidder shall have no further recourse
If the sale is set aside for any reason the Purchaser at the sale shall be entitled only to a return of the deposit paid The Purchaser shall have no further recourse against the Mortgagor the Mortgagee or the Mortgagees Attorney
ASSERT AND PROTECT YOUR RIGHTS AS A MEMBER OF THE ARMED FORCES OF THE UNITED STATES IF YOU ARE OR YOUR SPOUSE IS SERVING ON ACTIVE MilIT ARY DUTY INCLUDING ACTIVE MILITARY DUTY AS A MEMBER OF THE TEXAS NATIONAL GUARD OR Tllli NATIONAL GUARD OF ANOTHER STATE OR AS A MEMBER OF A RESERVE COMPONENT OF THE ARMED FORCES OF THE UNITED STA TES PLEASE SEND WRITTEN NOTICE OF THE ACTIVE DUTY MILITARY SERVICE TO THE SENDER OF THIS NOTICE IMMEDIATELY
TIIlS INSTRUMENT APPOINTS THE SUBSTITUTE TRUSTEE(S) IDENTIFIED TO SELL THE PROPERTY DESCRIBED IN THE SECURITY INSTRUMENT IDENTIFIED IN THIS NOTICE OF SALE THE PERSON SIGNING Tms NOTICE IS THE ATTORNEY OR AUTHORIZED AGENT OF THE MORTGAGEE OR MORTGAGE SERVICER
WITNESS my hand this 6172020 WITNESS my hand this
~JUC(Z s~~ By Monica Sandoval Trustee Sale Specialist
Team Lead Carrington Foreclosure Services LLC as
authorized agent for Mortgagee or Mortgage Servicer
1500 South Douglass Road Suite 150 Anaheim CA 92806
stitut Trustee(s) Martin Cassie Martin Terri
Martin Alexis Martin Elizabeth Anderson
CO Carrington Foreclosure Services LLC 1500 South Douglass Road Suite 150
Anaheim CA 92806
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE
00023L
Notice of Foreclosure Sale
June 29 2020
Deed of Trust (Deed of Trust) bull Dated April 17 2018 -lt ~
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c_ Granter Mary Ann Talbot C r- m
Trustee Roy Neal Linnartz I j ~~~
Substitute Trustee Peter A James -middot--0 Jc 496 Comal Ave rn New Braunfels Texas 78130 ~ n
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Lender Shepherds Glen Partners LLC --lt
Recorded in Instrument No 201899008183 Guadalupe County Texas
of the real property records of
Legal Description All that certain tract or parcel of land known and designated as Lot 13 Block 1 Shepherds Glen Subdivision according to map or plat thereof recorded in Volume 8 Page 581-582 Map and Plat Records of Guadalupe County Texas (the Shepherds Glen Subdivision Plat)
Secures Promissory Note (Note) in the original principal amount of $4950000 executed by Mary Ann Talbot (Borrower) and payable to the order of Lender
Foreclosure Sale
Date Tuesday August 04 2020
Time The sale of the Property will be held between the hours of 1000 AM and 400 PM local time the earliest time at which the Foreclosure Sale will begin is 1 00 pm and not later than three hours thereafter
Place THE NORTH PORCH OF THE GUADALUPE COUNTY COURTHOUSE OR IN THE AREA DESIGNATED BY THE COMMISSIONERS COURT PURSUANT TO SECTION 51002 OF THE TEXAS PROPERTY CODE
Terms of Sale The Foreclosure Sale will be conducted as a public auction and the Property will be sold to the highest bidder for cash except that Shepherds Glen Partners LLCs bid may be by credit against the indebtedness secured by the lien of the Deed of Trust
Default has occurred in the payment of the Note and in the performance of the obligations of the Deed of Trust Because of that default Shepherds Glen Partners LLC the owner and holder of the Note has requested Trustee to sell the Property
The Deed of Trust may encumber both real and personal property Formal notice is hereby given of Shepherds Glen Partners LLCs election to proceed against and sell both the real property and any personal property described in the Deed of Trust in accordance with Shepherds Glen Partners LLCs rights and remedies under the Deed of Trust and section 9604(a) of the Texas Business and Commerce Code
Therefore notice is given that on and at the Date Time and Place for the Foreclosure Sale described above Trustee will sell the Property in accordance with the Terms of Sale described above the Deed of Trust and applicable Texas law
If Shepherds Glen Partners LLC passes the Foreclosure Sale notice of the date of any rescheduled foreclosure sale will be reposted and refiled in accordance with the posting and filing requirements of the Deed of Trust and the Texas Property Code
The Foreclosure Sale will be made expressly subject to any title matters set forth in the Deed of Trust but prospective bidders are reminded that by law the Foreclosure Sale will necessarily be made subject to all prior matters of record affecting the Property if any to the extent that they remain in force and effect and have not been subordinated to the Deed of Trust For the avoidance of doubt the Foreclosure Sale will not cover any part of the Property that has been released of public record from the lien andor security interest of the Deed of Trust by Shepherds Glen Partners LLC Prospective bidders are strongly urged to examine the applicable property records to determine the nature and extent of such matters if any
Pursuant to section 51009 of the Texas Property Code the Property will be sold AS IS without any expressed or implied warranties except as to the warranties (if any) provided for under the Deed of Trust Prospective bidders are advised to conduct an independent investigation of the nature and physical condition of the Property
Pursuant to section 5 l0075(a) of the Texas Property Code Trustee reserves the right to set further reasonable conditions for conducting the Foreclosure Sale Any such further conditions shall be announced before bidding is opened for the first sale of the day held by Trustee
Assert and protect your rights as a member of the armed forces of the United States If you are or your spouse is serving on active military duty including active military duty as a member of the Texas National Guard or the National Guard of another state or as a member of a reserve component of the armed forces of the United States please send written notice of the active duty military service to the sender of this notice immediately
Peter A James 496 Comal Ave New Braunfels Texas 78130 Telephone (830) 625-9300 Fax (830) 214-2054
ST A TE OF TEXAS )
COUNTY OF COMAL )
Before me the undersigned notary public on this day personally appeared Peter A James known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed
Given under my hand and seal of office on June 29 2020
11111 -1~Gl~ JOYCE KIDDER CULBERTSON ~f=~~Notary Public State of Texas -1 -s_j Comm Expires 07-25middot2023
_t--Of~~~ 11~ Notary ID 132102419
000235 NOTICE OF TRUSTEES SALE
OWNER OF RECORD Justin R Arraiga and Amanda L Struble LIEN HOLDER Cibolo Vistas Homeowners Association AMOUNT OF LIEN $366899 ($135099 homeowner assessments and late
fees $231800 attorneys fees and expenses) Does not include quarterly assessment of $7500 levied on July 1 2020
PROPERTY ADDRESS 116 Tranquil View Cibolo Texas 78108 LEGAL DESCRIPTION Lot 5 Block 1 Cibolo Vistas Subdivision Phase 3B and 2C-
1 Guadalupe County Texas
Notice is hereby given that the above-described Property is encumbered and the Owners are legally indebted to the lien holder in the amount set forth above for due but unpaid owners association assessments late fees legal expenses and filing fees levied and authorized pursuant to the Declaration of Covenants Conditions and Restrictions for Cibolo Vistas Phase-I and Providing for Cibolo Vistas Homeowners Association executed on March 23 2007 recorded in Volume 2457 Page 214 Official Public Records of Real Property of Guadalupe County Texas as amended by the Supplemental Declaration of Covenants Conditions and Restrictions for Cibolo Vistas Phase 3B and 2C-1 and Phase 3C executed on January 18 2013 recorded in Volume 4048 Page 311 Official Public Records of Real Property of Guadalupe County Texas as amended Notice is further given that the amount of the Lien may increase if future assessments are not timely paid and said subsequent indebtedness will be secured by the Lien herein described
Cibolo Vistas Homeowners Association hereby gives notice that the above-described Property will be auctioned for sale at a public sale held at the place designated for public foreclosure auctions by the Commissioners of Guadalupe County Texas The sale shall commence no earlier than 1000 am on August 4 2020 The property will be sold to the highest bidder for cash or some other form of payment acceptable to the Lien Holder
Pursuant to the Texas Property Code the Owners of the Property may have a right not later than the 180th day after the date written notice of the sale is mailed to the Owners to redeem the Property The purchaser at the foreclosure sale may not transfer ownership of the Property to a person other than the redeeming Owner during the redemption period
Executed on July 2 2020
gt- CIBOLO VISTAS HOMEOWNERS D ASSOCIATION a Texas non-profit
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Before me the undersigned notary public on this day personally appeared Tom L Nevrton Jr acting on behalf of CIBOLO VISTAS HOMEOWNERS ASSOCIATION known to me or proved to me by presentation to me of a governmentally-issued identification card to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that they executed it for the purposes and consideration expressed in it
Given under my hand and seal of office on July 2 2020
Notary~~~xas AFTER RECORDING RETURN TO Tom L Newton Jr Allen Stein amp Durbin PC P 0 Box 101507 San Antonio Texas 78201
0591800391932659jh
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000236
NOTICE OF SUBSTITUTE TRUSTEES SALE
Assert and protect your rights as a member of the armed forces of the Unites States If you are or your spouse is serving on active military duty including active military duty as a member of the Texas National Guard or the National Guard of another state or as a member of a reserve component of the armed forces of the United States please send written notice of the active duty military service to the sender of this notice immediately
Home Equity Deed of Trust
Date of Security Instrument February 23 2004
Grantor Robert W Heyward and Patricia A Heyward
Original Mortgagee MERS (for The CIT GroupConsumer Finance Inc)
Recording Information Instrument 04077 Vol 1972 Page 953 Official Public Real Property (Deed) Records of Guadalupe County Texas
Current Mortgagee Apex Bank (f7ka Bank of Camden)
Mortgage Servicer Pursuant to any Servicing Agreement between the Mortgage Servicer and Mortgagee the Mortgage Servicer is authorized to represent the Mortgagee Pursuant to any Servicing agreement and Texas Property Code sect 51 0025 the Mortgage Servicer is authorized to collect the debt and to administer any resulting foreclosure of the lien securing the Property referenced above
Date of Sale August 4 2020 Time of Sale 1100 am or not later than three hours after that time Place of Sale THE NORTH PORCH OF THE GUADALUPE COUNTY COURTHOUSE
OR IF THE PRECEDING AREA IS NO LONGER THE DESIGNATED AREA AT THE AREA MOST RECENTLY DESIGNATED BY THE GUADALUPE COUNTY COMMISSIONERS COURT
Legal Description of Property to be sold
LOT 8 ANGELS ACRES GUADALUPE COUNTY TEXAS ACCORDING TO THE MAP OR PLAT THEREOF RE(ORDED IN VOLUME 4 PAGES 152-153 OF THE PLAT-lt REeuroORQS OF =-GUADALUPE COUNTY TEXAS ~ ~ 0
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NOTICE OF SUBSTITUTE TRUSTEES SALE PAGE 1 OF2 APEX-HEYWARD [2019-02489]070620bmw
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Substitute Trustee PRATT AYCOCK LTD 5050 Quorum Dr Suite 625 Dallas Texas 75254 Tele 469-294-4748 bwyseprattaycockcom
~~~ After filing return to
PRATT AYCOCK LTD Attn Bennett M Wyse 5050 Quorum Dr Suite 625 Dallas Texas 75254
NOTICE OF SUBSTITUTE TRUSTEES SALE PAOE20F2 APEX-HEYWARD [2019-02489]070620bmw
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CAUSE NO 20-0481-CV-A
APEX BANK fka BANK OF CAMDEN
Plaintiff
v
ROBERT W HEYWARD SR PATRICIA A HEYWARD and ROBERT W HEYWARD JR ATTORNEY-IN-FACT FOR PATRICIA A HEYWARD
Defe11da11ts
IN RE 219 ANGEL LANE SEGUIN TEXAS 78155
sect sect sect sect sect sect sect sect sect sect sect sect
sect sect sect sect sect
IN THE DISTRICT COURT FILED
J21 M
JUN 3 0 2020
OF GUADALUPE COUNTY TEXAS
2o 2ST11 JUDICIAL DISTRICT
FINAL DEFAULT JUDGMENT AGAINST DEFENDANTS ROBERT W HEYWARD SR PATRICIA A HEYWARD
AND ROBERT W HEYWARD JR ATTORNEY-IN-FACT FOR PATRICIA A HEYWARD AND ORDER AUTHORIZING NON-JUDICIAL FORECLOSURE
CAME ON this date entered below for consideration Plaintiffs Motion for Entry of Final
Default Judgment against Robert W Heyward Sr Patricia A Hevward and Robert W Heyward
Jr Attorney-in-Fact for Patricia A Heyward and Order Authorizing Non-Judicial Foreclosure in
the above-entitled and numbered cause wherein Apex Bank fka Bank of Camden (hereinafter
Apex Bank) is Plaintiff and Robert W Heyward Sr Patricia A Heyward and Robert W
Heyward Jr Attorney-in-Fact for Patricia A Heyward are the Defendants against whom
judgment shall be rendered
The Plaintiff through its attorney of record has announced ready for trial Defendants
Robert W Heyward Sr Patricia A Heyward and Robert W Heyward Jr Attorney-in-Fact for
Patricia A Heyward although having been duly and legally cited to appear and answer failed to
FINAL DEFAULT JUDGMENT AND ORDER PAGE I OF4 APEX-HEYWARD 3200 (2019-02489]bmw 04i20i20
appear and answer and wholly made default
Plaintiff appeared by and through its attorney of record Citations were served on
Defendants Robert W Heyward Sr Patricia A Heyward and Robert W Heyward Jr Attorneyshy
in-Fact for Patricia A Heyward according to law and returned to the Clerk where they remained
on file for the time required by law
The case was presented to the Court The Court having read the pleadings and the
documents on file has determined that it has jurisdiction over the subject matter and of the parties
to this proceeding and is of the opinion that the allegations of Plaintiff have been admitted against
Defendants Robert W Heyward Sr Patricia A Heyward and Robert W Heyward Jr Attorneyshy
in-Fact for Patricia A Heyward
The Court finds that Defendants Robert W Heyward Sr and Patricia A Heyward
executed a Promissory Note and Allonge (Note) and a Texas Home Equity Deed of Trust
(Lien) (collectively the Loan Agreement) for the benefit of The CIT GroupConsumer
Finance Inc (the Original Lender) on or about February 23 2004 and the Loan Agreement
(Note and Lien) was subsequently assigned to Bank of Camden nka Apex Bank on or about June
5 2012 as shown by Plaintiffs pleadings and the evidence on file with the Court
The Court also finds that the account with Apex Bank (as described in the affidavit of a
representative of Plaintiff Apex Bank on file with the Court) went into default and the default
was not cured and the account has been accelerated
The Court further finds that Plaintiff Apex Bank is entitled to declaratory judgment that
Plaintiff Apex Bank has a valid and subsisting lien against the subject real property and
improvements commonly known as 219 Angel Lane Seguin GUADALUPE County Texas
FINAL DEFAULr JUDGMENT AND ORDER PAGE20F4 APEX-HEYWARDbullbull 3200 2019-02489]bmw042020
78155 (the Property) and more particularly described as follows
LOT 8 ANGELS ACRES GUADALUPE COUNTY TEXAS ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 4 PAGES 152-153 OF THE PLAT RECORDS OF GUADALUPE COUNTY TEXAS
and that Plaintiff Apex Bank is entitled to enforce its lien and is authorized by this Court
Order to foreclose against the Property by a non-judicial foreclosure to be held in accordance with
the terms and conditions of the Lien Documents TEX CONST art V sect 8 and art XVI sect 50(a)(6)
and with TEX PROP CODE sect51002
The Court also finds that all conditions precedent have been performed or have occurred
as required by TEX R Clv P 54 for Plaintiff to enforce its security interest against the Property
IT IS THEREFORE ORDERED ADJUDGED AND DECREED that Plaintiff Apex
Bank has a valid and subsisting lien against the Property and that Plaintiff Apex Bank is hereby
entitled and authorized to enforce its lien against the Property by conducting a non-judicial
foreclosure sale of the Property which shall be held in accordance with the terms and conditions
of the Lien Documents and TEX PROP CODE sect51002 and it is further
ORDERED ADJUDGED AND DECREED that this final judgment and order shall
serve as an Order of Foreclosure of the lien in accordance with TEX CONST ART XVI sect50(a)(6)
and it is further
ORDERED ADJUDGED AND DECREED that the non-judicial foreclosure shall
divest Defendants Robert W Heyward Sr Patricia A Heyward and Robert W Heyward Jr
Attorney-in-Fact for Patricia A Heyward of all of their interests in the Property and that the
purchaser of the Property at the non-judicial sale shall thereby be vested with all right title and
interest to and in the Property and it is further
ORDERED ADJUDGED AND DECREED that no personal liability or deficiency for
FINAL DEFAULT JUDGMENT AND ORDER PAGE30F4 APEX-HEYWARDbullbullbullbull3200 [2019-02489]bmw04200
the debt under the loan agreement shall be asserted against any of the Defendants and it is further
ORDERED ADJUDGED AND DECREED that Plaintiff Apex Bank recover of and
from Defendants all costs in this behalf expended and it is further
ORDERED ADJUDGED AND DECREED that after the non-judicial foreclosure sale
is held if the Property remains occupied after this judgment becomes final then the purchaser of
the Property at the foreclosure sale shall be entitled to the issuance of a writ of possession from
the clerk of this court against any occupant of the Property in accordance with TEX R Civ P 310
without further order ofthis Court and it is finally
ORDERED ADJUDGED AND DECREED that Plaintiff Apex Bank shall be allowed
such other writs and processes that may be necessary in the enforcement of Plaintiffs lien against
the Property and this Final Judgment
SIGNED on this the _n day of- JV- Q_ 2020
L Respectfully submitted
Isl Bennetti1 Wy~
Bennett M Wyse Texas State Bar No 24008315 PRATT AYCOCK LTD
5050 Quorum Dr Suite 625 Dallas Texas 75254 Office Telephone 4692944748 Alt Office Telephone 2144735551 Fax 2145409333 Email bwyseprattaycockcom Website wwwtxtnlawcom
ATTORNEYS FOR PLAINTIFF APEX BANK
FINAL DEFAULT JUDGMENT AND ORDER PAGE40F4 APEX-HEYWARDbull J00 [2019-02-189)bmw042020
GOU238 TRUSTEES NOTICE OF FORECLOSURE SALE
THE STA TE OF TEXAS )( )(
COUNTY OF GUADALUPE )(
WHEREAS by a Deed of Trust (the Deed of Trust) dated effective May 23 2018 Amanda Bean and John P Adair (the Debtor) conveyed certain property situated in Guadalupe County Texas to A Robert Raetzsch Trustee for the benefit of Concrete City Investments LLC (the bull~oteholder) to secure the indebtedness evidenced by that certain note (the Note) in the original principal amount of $8334000 which was executed by the Debtor to the Noteholder and to secure any and all other indebtedness described in the Deed of Trust
WHEREAS the Deed of Trust encumbers certain real property (the Property) located in Guadalupe County Texas described as follows
Lot 9 JACKSON EST ATES SUBDIVISION a subdivision in Guadalupe County Texas according to plat recorded in Volume 8 Page 530 Map and Plat Records Guadalupe County Texas
WHEREAS the Deed of Trust was recorded in the Official Public Records of Guadalupe County Texas under Document Number 201899011668
WHEREAS default has occurred under the terms and provisions of the Deed of Trust and the Note is now wholly due and the owner and holder of the Note has requested the undersigned as Trustee to enforce the power of sale of the Deed of Trust by selling the Property
NOW THEREFORE the undersigned as Trustee herein described hereby gives notice that Trustee will accordingly sell the Property at public auction to the highest bidder for cash AS IS at the courthouse of Guadalupe County Texas in the area designated by the commissioners court of said county for foreclosure sales of real property as evidenced by a written instrument filed in the real property records of said county being the North porch of the Guadalupe County Courthouse 101 E Court Street Seguin Guadalupe County Texas (the earliest time at which the foreclosure will be held is 1 00 oclock pm) between the hours of I 00 oclock pm and 400 oclock pm on August 4 2020 after due posting and filing of this notice and after written notice of such sale having been given by certified mail to the Debtor and any other Debtor who according to the records of the Noteholder is obligated to pay the indebtedness described above This sale will be conducted subject to the right of rescission contained in Section 51016 of the Texas Property Code
PROVIDED HOWEVER the Property is being sold subject to all matters that are prior or superior to the Deed of Trust
Assert and protect your rights if you are a member of the armed forces of the United States If you are or your spouse is serving on active military duty including active military duty as a member of the Texas National Guard or the National Guard of another state or as a member of a reserve component of the armed forces of the United States please send written notice of the active duty military service to the sender of this notice immediately
DATED this 9th day of July 2020 = cgt fJ c r
A Robert Raetzsch Trustee 202 N Camp Street Seguin Texas 78155
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Notice of Substitute Trustees Sale
Notice Concerning Military Duty Assert and protect your rights as a member of the armed forces of the United States If you are or your spouse is serving on active military duty including active military duty as a member of the Texas National Guard or the National Guard of another state or as a member of a reserve component of the armed forces of the United States please send written notice of the active duty military service to the sender of this notice immediately Tex Prop Codesect Sl002(i)
Mortgage Servicer LOANCARE LLC Mortgage Servicers Address 363 Vir middot middotaBeachVir middot middota23452
bull The mortgage servicer is authorized to reprcscnt the Mortgagee by virtue of a servicing agreemeot with the Mortgagee tctt) the bull bull
Deed of Trust Date July 23 2019
Original Beneficiary Mortgagee MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC AS NOMINEE FOR AMCAP MORTGAGE LTD ITS SUCCESSORS AND ASSIGNS
Recorded in Volume na Page na Instrument No 201999016568
Original MortgagorGrantor ANDREW CASH MOORE Current Beneficiary Mortgagee LAKEVIEW LOAN SERVICING LLC
Servicing AgJeement and Texas Property Code sect S 10025 the Mortgage Servicer is authorized to collect the debt and to ~Y restig foreclosure of the property securing the above referenced loan =
-lt SecuresNote in the original principal amount of$2 l 601500 executed by ANDREW MOORE and payable to the order of Lender
Property AddressMailing Address 306 MISTFLOWER NEW BRAUNFELS TX 78130
Legal Description of Property to be Sold LOT 25 BLOCK 6 OF ELLEY LANE SUBDMSION UNIT 2 AN ADDITION TO THE CITY OF NEW BRAUNFELS GUADALUPE COUNTY TEXAS ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN VOLUME 8 PAGE 799 MAP AND PLAT RECORDS GUADALUPE COUNTY TEXAS APN 56345171176
--1 D_at_e __ o_f_Sa_l_e_A_u_gust-------04_-2-0c2_0 ________ 1_E~a=r=ll=estctim=e Sale will begin 1200 PM
Place of sale of Property Guadalupe County Courthouse IO 1 E Court Street Seguin TX 78155
OR AS DESIGNATED BY THE COUNTY COMMISSIONERS OFFICE OR IN THE AREA DESIGNATED BY THE COMMISSIONERS COURT PURSUANT TO SECTION 51002 OF THE TEXAS PROPERTY CODE
The Substitute Trustee will sell the property by public auction to the highest bidder for cash at the place and date specified The sale will begin at the earliest time stated above or within three (3) hours after that time
Appointment of Substitute Trustee Default has occurred in the payment of the Note and in the performance oftbe
obligations of the Deed of Trust the same is now wholly due Because of that default LAKEVIEW LOAN SERVICING UC the owner and holder of the Note has requested Muyna Danielian Pamela Thomas Aarti Patel Amy Ortiz Garrett Sanders Stacey Sanders Dylan Ruiz Joshua Sanders Ramiro Cuevas Amy Bowman Deborah Martin Troy Martin Alexis Martin Cassie Martin Terri Martin Shelby Martin whose address is I Maucbly Irvine
CA 92618 or Deborah Martin Troy Martin Alexis Martin Cassie Martin Terri Martin DeamJa Ray or Shelby Martin whose address is 14800 Landmark Blvd Suite 850 Dallas TX 75254 to sell the property The Trustee(s)
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hashave been appointed Substitute Trustee in the place of the original trustee in the manner authorized by the deed of trust
Terms of Sale The Foreclosure Sale will be conducted as a public auction and the Property will be sold to the highest bidder for cash except that LAKEVIEW LOAN SERVICING UC bid may be by credit against the indebtedness secured by the lien of the Deed of Trust
Pursuant to section 51009 of the Texas Property Code the Property will be sold AS IS without any expressed or implied warranties except as to the warranties (if any) provided for under the Deed of Trust Prospective bidders are advised to conduct an independent investigation of the nature and physical condition of the Property
Pursuant to section 510075(a) of the Texas Property Code Maryna Danielian Pamela Thomas Aarti Patel Amy Ortiz Garrett Sanders Stacey Sanders Dylan Ruiz Joshua Sanders Ramiro Cuevas Amy Bowman Deborah Martin Troy Martin Alexis Martin Cassie Martin Terri Martin Shelby Martin whose address is 1 Mauchly Irvine CA 92618 or Deborah Martin Troy Martin Alexis Martin Cassie Martin Terri Martin Deanna Ray or Shelby Martin whose address is 14800 Landmark Blvd Suite 850 Dallas TX 75254 Trustee reserves the right to set further reasonable conditions for conducting the Foreclosure Sale Any such further conditions shall be announced before bidding is opened for the first sale of the day held by Maryna Danielian Pamela Thomas Aarti Patel Amy Ortiz Garrett Sanders Stacey Sanders Dylan Ruiz Joshua Sanders Ramiro Cuevas Amy Bowman Deborah Martin Troy Martin Alexis Martin Cassie Martin Terri Martin Shelby Martin whose address is 1 Mauchly Irvine CA 92618 or Deborah Martin Troy Martin Alexis Martin Cassie Martin Terri Martin Deanna Ray or Shelby Martin whose address is 14800 Landmark Blvd Suite 850 Dallas TX 75254 Trustee
Limitation of Damages If the sale is set aside for any reason the purchaser at the sale shall be entitled only to a return of the funds paid The purchaser shall have no further recourse against Mortgagor the Mortgagee or the Mortgagees attorney
Maryna Danielian Pamela Thomas Aarti Patel Amy Ortiz Garrett Sanders Stacey Sanders Dylan Ruiz Joshua Sanders Ramiro Cuevas Amy Bowman Deborah Martin Troy Martin Alexis Martin Cassie Martin Terri Martin Shelby Martin or Deborah Martin Troy Martin Alexis Martin Cassie Martin Terri Martin Deanna Ray or Shelby Martin Trustee
co RAS CRANE LLC 10700 Abbotts Bridge Road Suite 170 Duluth Georgia 30097 PH (470)321-7112
000220
20TX373-0014 3908 GENTLE MEADOW NEW BRAUNFELS TX 78130
NOTICE OF FORECLOSURE SALE
Property TI1e Property to be sold is described as follows
LOT 2 BLOCK 7 LEGEND POND LEGEND POINT PHASE 4 IN TIIE CITY OF NEW BRAUNFELS GUADALUPE COUNTY TEXAS ACCORDING TO PLAT THEREOF RECORDED IN VOLUME 8 PAGES 548-549 MAP AND PLAT RECORDS OF GUADALUPE COUNTY TEXAS
Security Instrument Deed of Trust dated August 24 2017 and recorded on September 13 2017 as Instrument Number 2017021829 in the real property records of GUADALUPE County Texas which contains a power of sale
Sale Infonnation August 04 2020 at 1200 PM or not later than three hours thereafter at the north porch of the Guadalupe County Courthouse or as designated by the County Commissioners Court
Terms of Sale Public auction to highest bidder for cash In accordance with Texas Property Code section 5 l009 the Property will be sold as is without any expressed or implied warranties except as to warranties of title and will be acquired by the purchaser at its own risk In accordance with Texas Property Code section 510075 the substitute trustee reserves the right to set additional reasonable conditions for conducting the sale and will announce the conditions before bidding is opened for the first sale of the day held by the substitute trustee
Obligation Secured The Deed of Trust executed by HALEY M HAMMERS secures the repayment of a Note dated August 24 2017 in the amount of $19556300 FREEDOM MORTGAGE CORPORATION whose address is co Freedom Mortgage Corporation 907 Pleasant Valley Avenue Suite 3 Mt Laurel NJ 08054 is the current mortgagee of the Deed of Trust and Note and Freedom Mortgage Corporation is the current mortgage servicer for the mortgagee Pursuant to a servicing agreement and Texas Property Code section 510025 the mortgagee authorizes the mortgage servicer to administer the foreclosure on its behal L
Substitute Trustee In accordance with Texas Property Code section 510076 and the Security Instrument referenced above mortgagee and mortgage servicers attorney appoint the substitute trustees listed below
THIS INSTRUMENT APPOINTS THE SUBSTITUTE TRUSTEE(S) IDENTIFIED TO SELL THE PROPERTY DESCRIBED IN THE SECURITY INSTRUMENT IDENTIFIED IN TIHS NQTICE OF SALE THE PERSON SIGNING THIS NOTICE IS THE ATTORNEY OR AUTHO D ~EN~F THE MORTGAGEE OR MORTGAGE SERVICER -lt c 0
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ASSERT AND PROTECT YOUR RIGHTS AS A MEMBER OF THE ARMED FORCES OF THE UNITED STATES IF YOU ARE OR YOUR SPOUSE IS SERVING ON ACTIVE MILITARY DUTY INCLUDING ACTIVE MILITARY DUTY AS A MEMBER OF THE TEXAS NATIONAL GUARD OR THE NATIONAL GUARD OF ANOTHER STATE OR AS A MEMBER OF A RESERVE COMPONENT OF THE ARMED FORCES OF THE UNITED STATES PLEASE SEND WRITTEN NOTICE OF THE ACTIVE DUTY MILITARY SERVICE TO THE SENDER OF THIS NOTICE IMMEDIATELY
Miller Watson amp George PC Dustin C George Attorney at Law Tracey Midkiff Attorney at Law Jonathan Andring Attorney at Law 5550 Granite Parkway Suite 245 Plano TX 75024
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e(s) y Ortiz Aarti Patel Stacey Sanders Ramon Perez Garrett Sanders Erika Aguirre Beatriz Sanchez Dylan Ruiz Candice Shulte Maryna Danielian Deborah Martin Troy Martin Alexis Martin Cassie Martin Terri Martin Shelby Martin Elizabeth Anderson Deanna Ray co Miller Watson amp George PC 5550 Granite Parkway Suite 245 Plano TX 75024
Certificate of Posting
declare under penalty of perjury that on the j _t day of 20~ I filed and posted this Notice of Foreclosure Sale in accordance with the
requireme of GUADALUPE County Texas and Texas Property Code sections 51002(b)(l) and 51002(b)(2)
Carrington Foreclosure Services LLC PO Box 3309 000223 Anaheim California 92803 For Sale Information (888) 313-1969 For Reinstatement Requests 1-866-874-5860
RE Pay Off Requests 1-800-561-4567 TS 20-24333 2020 JUN I 8 AH 11 I 0
1 liltSt KIEL CIIUNfY CL[rl GUADALUPE CGIUNTY
NOTICE OF SUBSTITUTE TRUSTEES SALE MY ampii
0 WHEREAS on 10212004 LOUIS TIJTTLE AND KRISTY TU1TLE as GrantorBorrower executed and delivered that certain Deed of Trust in favor of CTC REAL ESTA TE SERVICES as Trustee MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC SOLELY AS NOMINEE FOR FULL SPECTRUM LENDING INC as Beneficiary which deed of trust secures the payment of that certain promissory note of even date therewith in the original amount of $11520000 payable to the order of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC SOLELY AS NOMINEE FOR FULL SPECTRUM LENDING INC which Deed of Trust is Recorded on 1152004 as Volume 22963 Book 2082 Page 483 Loan Mod Rerecorded on 11192013 as Vol 4165 PG 0745 in Guadalupe County Texas Deed of Trust covers all of the real property personal property and fixtures described therein including but not limited to all the following described property rights and interests (the Property) to-wit
LOT SEVEN (7) BLOCK ONE (1) VOSS FARMS SUBDMSION UNIT 1 SITUATED IN GUADALUPE COUNTY TEXAS ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 6 PAGE 558 MAP AND PLAT RECORDS OF GUADALUPE COUNTY TEXAS
Commonly known as 1630 ELIZABETH CT NEW BRAUNFELS TX 78130
WHEREAS the Trustee named in the Deed of Trust having been removed the legal holder of the indebtedness described in the Deed of Trust appointed Troy Martin Deborah Martin Cassie Martin Terri Martin Alexis Martin Elizabeth Anderson or either of them as Substitute Trustee ( each being referred to as the Substitute Trustee) upon the contingency and in the manner authorized by the Deed of Trust and
WHEREAS defaults have occurred in the covenants of the Deed of Trust monetary or otherwise and the indebtedness secured by and described in the Deed of Trust is now wholly due and Carrington Mortgage Services LLC whose address is 1600 Douglass Road Suite 200 A Anaheim CA 92806 is acting as the mortgage servicer for THE BANK OF NEW YORK MELLON FK A The Bank of New York as trustee for registered Holders of CW ABS Inc Asset-Backed Certificates Series 2004-12 which is the mortgagee of the Note and Deed of Trust or mortgage and the legal holder of such indebtedness and the liens securing same has requested either one of the Substitute Trustees to sell the Property in accordance with applicable law and the terms and provisions of the Deed of Trust Carrington Mortgage Services LLC is authorized to represent the mortgagee by virtue of a written servicing agreement with the mortgagee Pursuant to that agreement and Texas Property Code Section 510025 Carrington Mortgage Services LLC is authorized to administer the foreclosure referenced herein
NOW THEREFORE NOTICE IS HEREBY GIVEN that on 842020 at 1100 AM or no later than three (3) hours after such time in Guadalupe County Texas the Substitute Trustee will sell the Property at public venue to the highest bidder for cash The sale will take place at the area designated by the Commissioners Court for sales of real property under a power of sale conferred by a deed of trust or other contract lien as follows The North porch of the Guadalupe County Courthouse
NOTICE IS FURTHER GIVEN that except to the extent that the Substitute Trustee may bind and obligate Mortgagors to warrant title the Property under the terms of the Deed of Trust conveyance of the Property shall be made without any representations or warranties whatsoever express or implied
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If the Trustee is unable to convey title for any reason the successful bidders sole and exclusive remedy shall be the return of monies paid to the Trustee and the successful bidder shall have no further recourse
If the sale is set aside for any reason the Purchaser at the sale shall be entitled only to a return of the deposit paid The Purchaser shall have no further recourse against the Mortgagor the Mortgagee or the Mortgagees Attorney
ASSERT AND PROTECT YOUR RIGHTS AS A MEMBER OF THE ARMED FORCES OF THE UNITED STATES IF YOU ARE OR YOUR SPOUSE IS SERVING ON ACTIVE MilIT ARY DUTY INCLUDING ACTIVE MILITARY DUTY AS A MEMBER OF THE TEXAS NATIONAL GUARD OR Tllli NATIONAL GUARD OF ANOTHER STATE OR AS A MEMBER OF A RESERVE COMPONENT OF THE ARMED FORCES OF THE UNITED STA TES PLEASE SEND WRITTEN NOTICE OF THE ACTIVE DUTY MILITARY SERVICE TO THE SENDER OF THIS NOTICE IMMEDIATELY
TIIlS INSTRUMENT APPOINTS THE SUBSTITUTE TRUSTEE(S) IDENTIFIED TO SELL THE PROPERTY DESCRIBED IN THE SECURITY INSTRUMENT IDENTIFIED IN THIS NOTICE OF SALE THE PERSON SIGNING Tms NOTICE IS THE ATTORNEY OR AUTHORIZED AGENT OF THE MORTGAGEE OR MORTGAGE SERVICER
WITNESS my hand this 6172020 WITNESS my hand this
~JUC(Z s~~ By Monica Sandoval Trustee Sale Specialist
Team Lead Carrington Foreclosure Services LLC as
authorized agent for Mortgagee or Mortgage Servicer
1500 South Douglass Road Suite 150 Anaheim CA 92806
stitut Trustee(s) Martin Cassie Martin Terri
Martin Alexis Martin Elizabeth Anderson
CO Carrington Foreclosure Services LLC 1500 South Douglass Road Suite 150
Anaheim CA 92806
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE
00023L
Notice of Foreclosure Sale
June 29 2020
Deed of Trust (Deed of Trust) bull Dated April 17 2018 -lt ~
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c_ Granter Mary Ann Talbot C r- m
Trustee Roy Neal Linnartz I j ~~~
Substitute Trustee Peter A James -middot--0 Jc 496 Comal Ave rn New Braunfels Texas 78130 ~ n
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Lender Shepherds Glen Partners LLC --lt
Recorded in Instrument No 201899008183 Guadalupe County Texas
of the real property records of
Legal Description All that certain tract or parcel of land known and designated as Lot 13 Block 1 Shepherds Glen Subdivision according to map or plat thereof recorded in Volume 8 Page 581-582 Map and Plat Records of Guadalupe County Texas (the Shepherds Glen Subdivision Plat)
Secures Promissory Note (Note) in the original principal amount of $4950000 executed by Mary Ann Talbot (Borrower) and payable to the order of Lender
Foreclosure Sale
Date Tuesday August 04 2020
Time The sale of the Property will be held between the hours of 1000 AM and 400 PM local time the earliest time at which the Foreclosure Sale will begin is 1 00 pm and not later than three hours thereafter
Place THE NORTH PORCH OF THE GUADALUPE COUNTY COURTHOUSE OR IN THE AREA DESIGNATED BY THE COMMISSIONERS COURT PURSUANT TO SECTION 51002 OF THE TEXAS PROPERTY CODE
Terms of Sale The Foreclosure Sale will be conducted as a public auction and the Property will be sold to the highest bidder for cash except that Shepherds Glen Partners LLCs bid may be by credit against the indebtedness secured by the lien of the Deed of Trust
Default has occurred in the payment of the Note and in the performance of the obligations of the Deed of Trust Because of that default Shepherds Glen Partners LLC the owner and holder of the Note has requested Trustee to sell the Property
The Deed of Trust may encumber both real and personal property Formal notice is hereby given of Shepherds Glen Partners LLCs election to proceed against and sell both the real property and any personal property described in the Deed of Trust in accordance with Shepherds Glen Partners LLCs rights and remedies under the Deed of Trust and section 9604(a) of the Texas Business and Commerce Code
Therefore notice is given that on and at the Date Time and Place for the Foreclosure Sale described above Trustee will sell the Property in accordance with the Terms of Sale described above the Deed of Trust and applicable Texas law
If Shepherds Glen Partners LLC passes the Foreclosure Sale notice of the date of any rescheduled foreclosure sale will be reposted and refiled in accordance with the posting and filing requirements of the Deed of Trust and the Texas Property Code
The Foreclosure Sale will be made expressly subject to any title matters set forth in the Deed of Trust but prospective bidders are reminded that by law the Foreclosure Sale will necessarily be made subject to all prior matters of record affecting the Property if any to the extent that they remain in force and effect and have not been subordinated to the Deed of Trust For the avoidance of doubt the Foreclosure Sale will not cover any part of the Property that has been released of public record from the lien andor security interest of the Deed of Trust by Shepherds Glen Partners LLC Prospective bidders are strongly urged to examine the applicable property records to determine the nature and extent of such matters if any
Pursuant to section 51009 of the Texas Property Code the Property will be sold AS IS without any expressed or implied warranties except as to the warranties (if any) provided for under the Deed of Trust Prospective bidders are advised to conduct an independent investigation of the nature and physical condition of the Property
Pursuant to section 5 l0075(a) of the Texas Property Code Trustee reserves the right to set further reasonable conditions for conducting the Foreclosure Sale Any such further conditions shall be announced before bidding is opened for the first sale of the day held by Trustee
Assert and protect your rights as a member of the armed forces of the United States If you are or your spouse is serving on active military duty including active military duty as a member of the Texas National Guard or the National Guard of another state or as a member of a reserve component of the armed forces of the United States please send written notice of the active duty military service to the sender of this notice immediately
Peter A James 496 Comal Ave New Braunfels Texas 78130 Telephone (830) 625-9300 Fax (830) 214-2054
ST A TE OF TEXAS )
COUNTY OF COMAL )
Before me the undersigned notary public on this day personally appeared Peter A James known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed
Given under my hand and seal of office on June 29 2020
11111 -1~Gl~ JOYCE KIDDER CULBERTSON ~f=~~Notary Public State of Texas -1 -s_j Comm Expires 07-25middot2023
_t--Of~~~ 11~ Notary ID 132102419
000235 NOTICE OF TRUSTEES SALE
OWNER OF RECORD Justin R Arraiga and Amanda L Struble LIEN HOLDER Cibolo Vistas Homeowners Association AMOUNT OF LIEN $366899 ($135099 homeowner assessments and late
fees $231800 attorneys fees and expenses) Does not include quarterly assessment of $7500 levied on July 1 2020
PROPERTY ADDRESS 116 Tranquil View Cibolo Texas 78108 LEGAL DESCRIPTION Lot 5 Block 1 Cibolo Vistas Subdivision Phase 3B and 2C-
1 Guadalupe County Texas
Notice is hereby given that the above-described Property is encumbered and the Owners are legally indebted to the lien holder in the amount set forth above for due but unpaid owners association assessments late fees legal expenses and filing fees levied and authorized pursuant to the Declaration of Covenants Conditions and Restrictions for Cibolo Vistas Phase-I and Providing for Cibolo Vistas Homeowners Association executed on March 23 2007 recorded in Volume 2457 Page 214 Official Public Records of Real Property of Guadalupe County Texas as amended by the Supplemental Declaration of Covenants Conditions and Restrictions for Cibolo Vistas Phase 3B and 2C-1 and Phase 3C executed on January 18 2013 recorded in Volume 4048 Page 311 Official Public Records of Real Property of Guadalupe County Texas as amended Notice is further given that the amount of the Lien may increase if future assessments are not timely paid and said subsequent indebtedness will be secured by the Lien herein described
Cibolo Vistas Homeowners Association hereby gives notice that the above-described Property will be auctioned for sale at a public sale held at the place designated for public foreclosure auctions by the Commissioners of Guadalupe County Texas The sale shall commence no earlier than 1000 am on August 4 2020 The property will be sold to the highest bidder for cash or some other form of payment acceptable to the Lien Holder
Pursuant to the Texas Property Code the Owners of the Property may have a right not later than the 180th day after the date written notice of the sale is mailed to the Owners to redeem the Property The purchaser at the foreclosure sale may not transfer ownership of the Property to a person other than the redeeming Owner during the redemption period
Executed on July 2 2020
gt- CIBOLO VISTAS HOMEOWNERS D ASSOCIATION a Texas non-profit
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ST A TE OF TEXAS sect sect
COUNTY OF BEXAR sect
Before me the undersigned notary public on this day personally appeared Tom L Nevrton Jr acting on behalf of CIBOLO VISTAS HOMEOWNERS ASSOCIATION known to me or proved to me by presentation to me of a governmentally-issued identification card to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that they executed it for the purposes and consideration expressed in it
Given under my hand and seal of office on July 2 2020
Notary~~~xas AFTER RECORDING RETURN TO Tom L Newton Jr Allen Stein amp Durbin PC P 0 Box 101507 San Antonio Texas 78201
0591800391932659jh
-2-
000236
NOTICE OF SUBSTITUTE TRUSTEES SALE
Assert and protect your rights as a member of the armed forces of the Unites States If you are or your spouse is serving on active military duty including active military duty as a member of the Texas National Guard or the National Guard of another state or as a member of a reserve component of the armed forces of the United States please send written notice of the active duty military service to the sender of this notice immediately
Home Equity Deed of Trust
Date of Security Instrument February 23 2004
Grantor Robert W Heyward and Patricia A Heyward
Original Mortgagee MERS (for The CIT GroupConsumer Finance Inc)
Recording Information Instrument 04077 Vol 1972 Page 953 Official Public Real Property (Deed) Records of Guadalupe County Texas
Current Mortgagee Apex Bank (f7ka Bank of Camden)
Mortgage Servicer Pursuant to any Servicing Agreement between the Mortgage Servicer and Mortgagee the Mortgage Servicer is authorized to represent the Mortgagee Pursuant to any Servicing agreement and Texas Property Code sect 51 0025 the Mortgage Servicer is authorized to collect the debt and to administer any resulting foreclosure of the lien securing the Property referenced above
Date of Sale August 4 2020 Time of Sale 1100 am or not later than three hours after that time Place of Sale THE NORTH PORCH OF THE GUADALUPE COUNTY COURTHOUSE
OR IF THE PRECEDING AREA IS NO LONGER THE DESIGNATED AREA AT THE AREA MOST RECENTLY DESIGNATED BY THE GUADALUPE COUNTY COMMISSIONERS COURT
Legal Description of Property to be sold
LOT 8 ANGELS ACRES GUADALUPE COUNTY TEXAS ACCORDING TO THE MAP OR PLAT THEREOF RE(ORDED IN VOLUME 4 PAGES 152-153 OF THE PLAT-lt REeuroORQS OF =-GUADALUPE COUNTY TEXAS ~ ~ 0
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NOTICE OF SUBSTITUTE TRUSTEES SALE PAGE 1 OF2 APEX-HEYWARD [2019-02489]070620bmw
11111 IH 11111111 lnl 111111111111111111 4725196
Substitute Trustee PRATT AYCOCK LTD 5050 Quorum Dr Suite 625 Dallas Texas 75254 Tele 469-294-4748 bwyseprattaycockcom
~~~ After filing return to
PRATT AYCOCK LTD Attn Bennett M Wyse 5050 Quorum Dr Suite 625 Dallas Texas 75254
NOTICE OF SUBSTITUTE TRUSTEES SALE PAOE20F2 APEX-HEYWARD [2019-02489]070620bmw
l
CAUSE NO 20-0481-CV-A
APEX BANK fka BANK OF CAMDEN
Plaintiff
v
ROBERT W HEYWARD SR PATRICIA A HEYWARD and ROBERT W HEYWARD JR ATTORNEY-IN-FACT FOR PATRICIA A HEYWARD
Defe11da11ts
IN RE 219 ANGEL LANE SEGUIN TEXAS 78155
sect sect sect sect sect sect sect sect sect sect sect sect
sect sect sect sect sect
IN THE DISTRICT COURT FILED
J21 M
JUN 3 0 2020
OF GUADALUPE COUNTY TEXAS
2o 2ST11 JUDICIAL DISTRICT
FINAL DEFAULT JUDGMENT AGAINST DEFENDANTS ROBERT W HEYWARD SR PATRICIA A HEYWARD
AND ROBERT W HEYWARD JR ATTORNEY-IN-FACT FOR PATRICIA A HEYWARD AND ORDER AUTHORIZING NON-JUDICIAL FORECLOSURE
CAME ON this date entered below for consideration Plaintiffs Motion for Entry of Final
Default Judgment against Robert W Heyward Sr Patricia A Hevward and Robert W Heyward
Jr Attorney-in-Fact for Patricia A Heyward and Order Authorizing Non-Judicial Foreclosure in
the above-entitled and numbered cause wherein Apex Bank fka Bank of Camden (hereinafter
Apex Bank) is Plaintiff and Robert W Heyward Sr Patricia A Heyward and Robert W
Heyward Jr Attorney-in-Fact for Patricia A Heyward are the Defendants against whom
judgment shall be rendered
The Plaintiff through its attorney of record has announced ready for trial Defendants
Robert W Heyward Sr Patricia A Heyward and Robert W Heyward Jr Attorney-in-Fact for
Patricia A Heyward although having been duly and legally cited to appear and answer failed to
FINAL DEFAULT JUDGMENT AND ORDER PAGE I OF4 APEX-HEYWARD 3200 (2019-02489]bmw 04i20i20
appear and answer and wholly made default
Plaintiff appeared by and through its attorney of record Citations were served on
Defendants Robert W Heyward Sr Patricia A Heyward and Robert W Heyward Jr Attorneyshy
in-Fact for Patricia A Heyward according to law and returned to the Clerk where they remained
on file for the time required by law
The case was presented to the Court The Court having read the pleadings and the
documents on file has determined that it has jurisdiction over the subject matter and of the parties
to this proceeding and is of the opinion that the allegations of Plaintiff have been admitted against
Defendants Robert W Heyward Sr Patricia A Heyward and Robert W Heyward Jr Attorneyshy
in-Fact for Patricia A Heyward
The Court finds that Defendants Robert W Heyward Sr and Patricia A Heyward
executed a Promissory Note and Allonge (Note) and a Texas Home Equity Deed of Trust
(Lien) (collectively the Loan Agreement) for the benefit of The CIT GroupConsumer
Finance Inc (the Original Lender) on or about February 23 2004 and the Loan Agreement
(Note and Lien) was subsequently assigned to Bank of Camden nka Apex Bank on or about June
5 2012 as shown by Plaintiffs pleadings and the evidence on file with the Court
The Court also finds that the account with Apex Bank (as described in the affidavit of a
representative of Plaintiff Apex Bank on file with the Court) went into default and the default
was not cured and the account has been accelerated
The Court further finds that Plaintiff Apex Bank is entitled to declaratory judgment that
Plaintiff Apex Bank has a valid and subsisting lien against the subject real property and
improvements commonly known as 219 Angel Lane Seguin GUADALUPE County Texas
FINAL DEFAULr JUDGMENT AND ORDER PAGE20F4 APEX-HEYWARDbullbull 3200 2019-02489]bmw042020
78155 (the Property) and more particularly described as follows
LOT 8 ANGELS ACRES GUADALUPE COUNTY TEXAS ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 4 PAGES 152-153 OF THE PLAT RECORDS OF GUADALUPE COUNTY TEXAS
and that Plaintiff Apex Bank is entitled to enforce its lien and is authorized by this Court
Order to foreclose against the Property by a non-judicial foreclosure to be held in accordance with
the terms and conditions of the Lien Documents TEX CONST art V sect 8 and art XVI sect 50(a)(6)
and with TEX PROP CODE sect51002
The Court also finds that all conditions precedent have been performed or have occurred
as required by TEX R Clv P 54 for Plaintiff to enforce its security interest against the Property
IT IS THEREFORE ORDERED ADJUDGED AND DECREED that Plaintiff Apex
Bank has a valid and subsisting lien against the Property and that Plaintiff Apex Bank is hereby
entitled and authorized to enforce its lien against the Property by conducting a non-judicial
foreclosure sale of the Property which shall be held in accordance with the terms and conditions
of the Lien Documents and TEX PROP CODE sect51002 and it is further
ORDERED ADJUDGED AND DECREED that this final judgment and order shall
serve as an Order of Foreclosure of the lien in accordance with TEX CONST ART XVI sect50(a)(6)
and it is further
ORDERED ADJUDGED AND DECREED that the non-judicial foreclosure shall
divest Defendants Robert W Heyward Sr Patricia A Heyward and Robert W Heyward Jr
Attorney-in-Fact for Patricia A Heyward of all of their interests in the Property and that the
purchaser of the Property at the non-judicial sale shall thereby be vested with all right title and
interest to and in the Property and it is further
ORDERED ADJUDGED AND DECREED that no personal liability or deficiency for
FINAL DEFAULT JUDGMENT AND ORDER PAGE30F4 APEX-HEYWARDbullbullbullbull3200 [2019-02489]bmw04200
the debt under the loan agreement shall be asserted against any of the Defendants and it is further
ORDERED ADJUDGED AND DECREED that Plaintiff Apex Bank recover of and
from Defendants all costs in this behalf expended and it is further
ORDERED ADJUDGED AND DECREED that after the non-judicial foreclosure sale
is held if the Property remains occupied after this judgment becomes final then the purchaser of
the Property at the foreclosure sale shall be entitled to the issuance of a writ of possession from
the clerk of this court against any occupant of the Property in accordance with TEX R Civ P 310
without further order ofthis Court and it is finally
ORDERED ADJUDGED AND DECREED that Plaintiff Apex Bank shall be allowed
such other writs and processes that may be necessary in the enforcement of Plaintiffs lien against
the Property and this Final Judgment
SIGNED on this the _n day of- JV- Q_ 2020
L Respectfully submitted
Isl Bennetti1 Wy~
Bennett M Wyse Texas State Bar No 24008315 PRATT AYCOCK LTD
5050 Quorum Dr Suite 625 Dallas Texas 75254 Office Telephone 4692944748 Alt Office Telephone 2144735551 Fax 2145409333 Email bwyseprattaycockcom Website wwwtxtnlawcom
ATTORNEYS FOR PLAINTIFF APEX BANK
FINAL DEFAULT JUDGMENT AND ORDER PAGE40F4 APEX-HEYWARDbull J00 [2019-02-189)bmw042020
GOU238 TRUSTEES NOTICE OF FORECLOSURE SALE
THE STA TE OF TEXAS )( )(
COUNTY OF GUADALUPE )(
WHEREAS by a Deed of Trust (the Deed of Trust) dated effective May 23 2018 Amanda Bean and John P Adair (the Debtor) conveyed certain property situated in Guadalupe County Texas to A Robert Raetzsch Trustee for the benefit of Concrete City Investments LLC (the bull~oteholder) to secure the indebtedness evidenced by that certain note (the Note) in the original principal amount of $8334000 which was executed by the Debtor to the Noteholder and to secure any and all other indebtedness described in the Deed of Trust
WHEREAS the Deed of Trust encumbers certain real property (the Property) located in Guadalupe County Texas described as follows
Lot 9 JACKSON EST ATES SUBDIVISION a subdivision in Guadalupe County Texas according to plat recorded in Volume 8 Page 530 Map and Plat Records Guadalupe County Texas
WHEREAS the Deed of Trust was recorded in the Official Public Records of Guadalupe County Texas under Document Number 201899011668
WHEREAS default has occurred under the terms and provisions of the Deed of Trust and the Note is now wholly due and the owner and holder of the Note has requested the undersigned as Trustee to enforce the power of sale of the Deed of Trust by selling the Property
NOW THEREFORE the undersigned as Trustee herein described hereby gives notice that Trustee will accordingly sell the Property at public auction to the highest bidder for cash AS IS at the courthouse of Guadalupe County Texas in the area designated by the commissioners court of said county for foreclosure sales of real property as evidenced by a written instrument filed in the real property records of said county being the North porch of the Guadalupe County Courthouse 101 E Court Street Seguin Guadalupe County Texas (the earliest time at which the foreclosure will be held is 1 00 oclock pm) between the hours of I 00 oclock pm and 400 oclock pm on August 4 2020 after due posting and filing of this notice and after written notice of such sale having been given by certified mail to the Debtor and any other Debtor who according to the records of the Noteholder is obligated to pay the indebtedness described above This sale will be conducted subject to the right of rescission contained in Section 51016 of the Texas Property Code
PROVIDED HOWEVER the Property is being sold subject to all matters that are prior or superior to the Deed of Trust
Assert and protect your rights if you are a member of the armed forces of the United States If you are or your spouse is serving on active military duty including active military duty as a member of the Texas National Guard or the National Guard of another state or as a member of a reserve component of the armed forces of the United States please send written notice of the active duty military service to the sender of this notice immediately
DATED this 9th day of July 2020 = cgt fJ c r
A Robert Raetzsch Trustee 202 N Camp Street Seguin Texas 78155
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hashave been appointed Substitute Trustee in the place of the original trustee in the manner authorized by the deed of trust
Terms of Sale The Foreclosure Sale will be conducted as a public auction and the Property will be sold to the highest bidder for cash except that LAKEVIEW LOAN SERVICING UC bid may be by credit against the indebtedness secured by the lien of the Deed of Trust
Pursuant to section 51009 of the Texas Property Code the Property will be sold AS IS without any expressed or implied warranties except as to the warranties (if any) provided for under the Deed of Trust Prospective bidders are advised to conduct an independent investigation of the nature and physical condition of the Property
Pursuant to section 510075(a) of the Texas Property Code Maryna Danielian Pamela Thomas Aarti Patel Amy Ortiz Garrett Sanders Stacey Sanders Dylan Ruiz Joshua Sanders Ramiro Cuevas Amy Bowman Deborah Martin Troy Martin Alexis Martin Cassie Martin Terri Martin Shelby Martin whose address is 1 Mauchly Irvine CA 92618 or Deborah Martin Troy Martin Alexis Martin Cassie Martin Terri Martin Deanna Ray or Shelby Martin whose address is 14800 Landmark Blvd Suite 850 Dallas TX 75254 Trustee reserves the right to set further reasonable conditions for conducting the Foreclosure Sale Any such further conditions shall be announced before bidding is opened for the first sale of the day held by Maryna Danielian Pamela Thomas Aarti Patel Amy Ortiz Garrett Sanders Stacey Sanders Dylan Ruiz Joshua Sanders Ramiro Cuevas Amy Bowman Deborah Martin Troy Martin Alexis Martin Cassie Martin Terri Martin Shelby Martin whose address is 1 Mauchly Irvine CA 92618 or Deborah Martin Troy Martin Alexis Martin Cassie Martin Terri Martin Deanna Ray or Shelby Martin whose address is 14800 Landmark Blvd Suite 850 Dallas TX 75254 Trustee
Limitation of Damages If the sale is set aside for any reason the purchaser at the sale shall be entitled only to a return of the funds paid The purchaser shall have no further recourse against Mortgagor the Mortgagee or the Mortgagees attorney
Maryna Danielian Pamela Thomas Aarti Patel Amy Ortiz Garrett Sanders Stacey Sanders Dylan Ruiz Joshua Sanders Ramiro Cuevas Amy Bowman Deborah Martin Troy Martin Alexis Martin Cassie Martin Terri Martin Shelby Martin or Deborah Martin Troy Martin Alexis Martin Cassie Martin Terri Martin Deanna Ray or Shelby Martin Trustee
co RAS CRANE LLC 10700 Abbotts Bridge Road Suite 170 Duluth Georgia 30097 PH (470)321-7112
000220
20TX373-0014 3908 GENTLE MEADOW NEW BRAUNFELS TX 78130
NOTICE OF FORECLOSURE SALE
Property TI1e Property to be sold is described as follows
LOT 2 BLOCK 7 LEGEND POND LEGEND POINT PHASE 4 IN TIIE CITY OF NEW BRAUNFELS GUADALUPE COUNTY TEXAS ACCORDING TO PLAT THEREOF RECORDED IN VOLUME 8 PAGES 548-549 MAP AND PLAT RECORDS OF GUADALUPE COUNTY TEXAS
Security Instrument Deed of Trust dated August 24 2017 and recorded on September 13 2017 as Instrument Number 2017021829 in the real property records of GUADALUPE County Texas which contains a power of sale
Sale Infonnation August 04 2020 at 1200 PM or not later than three hours thereafter at the north porch of the Guadalupe County Courthouse or as designated by the County Commissioners Court
Terms of Sale Public auction to highest bidder for cash In accordance with Texas Property Code section 5 l009 the Property will be sold as is without any expressed or implied warranties except as to warranties of title and will be acquired by the purchaser at its own risk In accordance with Texas Property Code section 510075 the substitute trustee reserves the right to set additional reasonable conditions for conducting the sale and will announce the conditions before bidding is opened for the first sale of the day held by the substitute trustee
Obligation Secured The Deed of Trust executed by HALEY M HAMMERS secures the repayment of a Note dated August 24 2017 in the amount of $19556300 FREEDOM MORTGAGE CORPORATION whose address is co Freedom Mortgage Corporation 907 Pleasant Valley Avenue Suite 3 Mt Laurel NJ 08054 is the current mortgagee of the Deed of Trust and Note and Freedom Mortgage Corporation is the current mortgage servicer for the mortgagee Pursuant to a servicing agreement and Texas Property Code section 510025 the mortgagee authorizes the mortgage servicer to administer the foreclosure on its behal L
Substitute Trustee In accordance with Texas Property Code section 510076 and the Security Instrument referenced above mortgagee and mortgage servicers attorney appoint the substitute trustees listed below
THIS INSTRUMENT APPOINTS THE SUBSTITUTE TRUSTEE(S) IDENTIFIED TO SELL THE PROPERTY DESCRIBED IN THE SECURITY INSTRUMENT IDENTIFIED IN TIHS NQTICE OF SALE THE PERSON SIGNING THIS NOTICE IS THE ATTORNEY OR AUTHO D ~EN~F THE MORTGAGEE OR MORTGAGE SERVICER -lt c 0
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ASSERT AND PROTECT YOUR RIGHTS AS A MEMBER OF THE ARMED FORCES OF THE UNITED STATES IF YOU ARE OR YOUR SPOUSE IS SERVING ON ACTIVE MILITARY DUTY INCLUDING ACTIVE MILITARY DUTY AS A MEMBER OF THE TEXAS NATIONAL GUARD OR THE NATIONAL GUARD OF ANOTHER STATE OR AS A MEMBER OF A RESERVE COMPONENT OF THE ARMED FORCES OF THE UNITED STATES PLEASE SEND WRITTEN NOTICE OF THE ACTIVE DUTY MILITARY SERVICE TO THE SENDER OF THIS NOTICE IMMEDIATELY
Miller Watson amp George PC Dustin C George Attorney at Law Tracey Midkiff Attorney at Law Jonathan Andring Attorney at Law 5550 Granite Parkway Suite 245 Plano TX 75024
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e(s) y Ortiz Aarti Patel Stacey Sanders Ramon Perez Garrett Sanders Erika Aguirre Beatriz Sanchez Dylan Ruiz Candice Shulte Maryna Danielian Deborah Martin Troy Martin Alexis Martin Cassie Martin Terri Martin Shelby Martin Elizabeth Anderson Deanna Ray co Miller Watson amp George PC 5550 Granite Parkway Suite 245 Plano TX 75024
Certificate of Posting
declare under penalty of perjury that on the j _t day of 20~ I filed and posted this Notice of Foreclosure Sale in accordance with the
requireme of GUADALUPE County Texas and Texas Property Code sections 51002(b)(l) and 51002(b)(2)
Carrington Foreclosure Services LLC PO Box 3309 000223 Anaheim California 92803 For Sale Information (888) 313-1969 For Reinstatement Requests 1-866-874-5860
RE Pay Off Requests 1-800-561-4567 TS 20-24333 2020 JUN I 8 AH 11 I 0
1 liltSt KIEL CIIUNfY CL[rl GUADALUPE CGIUNTY
NOTICE OF SUBSTITUTE TRUSTEES SALE MY ampii
0 WHEREAS on 10212004 LOUIS TIJTTLE AND KRISTY TU1TLE as GrantorBorrower executed and delivered that certain Deed of Trust in favor of CTC REAL ESTA TE SERVICES as Trustee MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC SOLELY AS NOMINEE FOR FULL SPECTRUM LENDING INC as Beneficiary which deed of trust secures the payment of that certain promissory note of even date therewith in the original amount of $11520000 payable to the order of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC SOLELY AS NOMINEE FOR FULL SPECTRUM LENDING INC which Deed of Trust is Recorded on 1152004 as Volume 22963 Book 2082 Page 483 Loan Mod Rerecorded on 11192013 as Vol 4165 PG 0745 in Guadalupe County Texas Deed of Trust covers all of the real property personal property and fixtures described therein including but not limited to all the following described property rights and interests (the Property) to-wit
LOT SEVEN (7) BLOCK ONE (1) VOSS FARMS SUBDMSION UNIT 1 SITUATED IN GUADALUPE COUNTY TEXAS ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 6 PAGE 558 MAP AND PLAT RECORDS OF GUADALUPE COUNTY TEXAS
Commonly known as 1630 ELIZABETH CT NEW BRAUNFELS TX 78130
WHEREAS the Trustee named in the Deed of Trust having been removed the legal holder of the indebtedness described in the Deed of Trust appointed Troy Martin Deborah Martin Cassie Martin Terri Martin Alexis Martin Elizabeth Anderson or either of them as Substitute Trustee ( each being referred to as the Substitute Trustee) upon the contingency and in the manner authorized by the Deed of Trust and
WHEREAS defaults have occurred in the covenants of the Deed of Trust monetary or otherwise and the indebtedness secured by and described in the Deed of Trust is now wholly due and Carrington Mortgage Services LLC whose address is 1600 Douglass Road Suite 200 A Anaheim CA 92806 is acting as the mortgage servicer for THE BANK OF NEW YORK MELLON FK A The Bank of New York as trustee for registered Holders of CW ABS Inc Asset-Backed Certificates Series 2004-12 which is the mortgagee of the Note and Deed of Trust or mortgage and the legal holder of such indebtedness and the liens securing same has requested either one of the Substitute Trustees to sell the Property in accordance with applicable law and the terms and provisions of the Deed of Trust Carrington Mortgage Services LLC is authorized to represent the mortgagee by virtue of a written servicing agreement with the mortgagee Pursuant to that agreement and Texas Property Code Section 510025 Carrington Mortgage Services LLC is authorized to administer the foreclosure referenced herein
NOW THEREFORE NOTICE IS HEREBY GIVEN that on 842020 at 1100 AM or no later than three (3) hours after such time in Guadalupe County Texas the Substitute Trustee will sell the Property at public venue to the highest bidder for cash The sale will take place at the area designated by the Commissioners Court for sales of real property under a power of sale conferred by a deed of trust or other contract lien as follows The North porch of the Guadalupe County Courthouse
NOTICE IS FURTHER GIVEN that except to the extent that the Substitute Trustee may bind and obligate Mortgagors to warrant title the Property under the terms of the Deed of Trust conveyance of the Property shall be made without any representations or warranties whatsoever express or implied
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If the Trustee is unable to convey title for any reason the successful bidders sole and exclusive remedy shall be the return of monies paid to the Trustee and the successful bidder shall have no further recourse
If the sale is set aside for any reason the Purchaser at the sale shall be entitled only to a return of the deposit paid The Purchaser shall have no further recourse against the Mortgagor the Mortgagee or the Mortgagees Attorney
ASSERT AND PROTECT YOUR RIGHTS AS A MEMBER OF THE ARMED FORCES OF THE UNITED STATES IF YOU ARE OR YOUR SPOUSE IS SERVING ON ACTIVE MilIT ARY DUTY INCLUDING ACTIVE MILITARY DUTY AS A MEMBER OF THE TEXAS NATIONAL GUARD OR Tllli NATIONAL GUARD OF ANOTHER STATE OR AS A MEMBER OF A RESERVE COMPONENT OF THE ARMED FORCES OF THE UNITED STA TES PLEASE SEND WRITTEN NOTICE OF THE ACTIVE DUTY MILITARY SERVICE TO THE SENDER OF THIS NOTICE IMMEDIATELY
TIIlS INSTRUMENT APPOINTS THE SUBSTITUTE TRUSTEE(S) IDENTIFIED TO SELL THE PROPERTY DESCRIBED IN THE SECURITY INSTRUMENT IDENTIFIED IN THIS NOTICE OF SALE THE PERSON SIGNING Tms NOTICE IS THE ATTORNEY OR AUTHORIZED AGENT OF THE MORTGAGEE OR MORTGAGE SERVICER
WITNESS my hand this 6172020 WITNESS my hand this
~JUC(Z s~~ By Monica Sandoval Trustee Sale Specialist
Team Lead Carrington Foreclosure Services LLC as
authorized agent for Mortgagee or Mortgage Servicer
1500 South Douglass Road Suite 150 Anaheim CA 92806
stitut Trustee(s) Martin Cassie Martin Terri
Martin Alexis Martin Elizabeth Anderson
CO Carrington Foreclosure Services LLC 1500 South Douglass Road Suite 150
Anaheim CA 92806
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE
00023L
Notice of Foreclosure Sale
June 29 2020
Deed of Trust (Deed of Trust) bull Dated April 17 2018 -lt ~
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c_ Granter Mary Ann Talbot C r- m
Trustee Roy Neal Linnartz I j ~~~
Substitute Trustee Peter A James -middot--0 Jc 496 Comal Ave rn New Braunfels Texas 78130 ~ n
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Lender Shepherds Glen Partners LLC --lt
Recorded in Instrument No 201899008183 Guadalupe County Texas
of the real property records of
Legal Description All that certain tract or parcel of land known and designated as Lot 13 Block 1 Shepherds Glen Subdivision according to map or plat thereof recorded in Volume 8 Page 581-582 Map and Plat Records of Guadalupe County Texas (the Shepherds Glen Subdivision Plat)
Secures Promissory Note (Note) in the original principal amount of $4950000 executed by Mary Ann Talbot (Borrower) and payable to the order of Lender
Foreclosure Sale
Date Tuesday August 04 2020
Time The sale of the Property will be held between the hours of 1000 AM and 400 PM local time the earliest time at which the Foreclosure Sale will begin is 1 00 pm and not later than three hours thereafter
Place THE NORTH PORCH OF THE GUADALUPE COUNTY COURTHOUSE OR IN THE AREA DESIGNATED BY THE COMMISSIONERS COURT PURSUANT TO SECTION 51002 OF THE TEXAS PROPERTY CODE
Terms of Sale The Foreclosure Sale will be conducted as a public auction and the Property will be sold to the highest bidder for cash except that Shepherds Glen Partners LLCs bid may be by credit against the indebtedness secured by the lien of the Deed of Trust
Default has occurred in the payment of the Note and in the performance of the obligations of the Deed of Trust Because of that default Shepherds Glen Partners LLC the owner and holder of the Note has requested Trustee to sell the Property
The Deed of Trust may encumber both real and personal property Formal notice is hereby given of Shepherds Glen Partners LLCs election to proceed against and sell both the real property and any personal property described in the Deed of Trust in accordance with Shepherds Glen Partners LLCs rights and remedies under the Deed of Trust and section 9604(a) of the Texas Business and Commerce Code
Therefore notice is given that on and at the Date Time and Place for the Foreclosure Sale described above Trustee will sell the Property in accordance with the Terms of Sale described above the Deed of Trust and applicable Texas law
If Shepherds Glen Partners LLC passes the Foreclosure Sale notice of the date of any rescheduled foreclosure sale will be reposted and refiled in accordance with the posting and filing requirements of the Deed of Trust and the Texas Property Code
The Foreclosure Sale will be made expressly subject to any title matters set forth in the Deed of Trust but prospective bidders are reminded that by law the Foreclosure Sale will necessarily be made subject to all prior matters of record affecting the Property if any to the extent that they remain in force and effect and have not been subordinated to the Deed of Trust For the avoidance of doubt the Foreclosure Sale will not cover any part of the Property that has been released of public record from the lien andor security interest of the Deed of Trust by Shepherds Glen Partners LLC Prospective bidders are strongly urged to examine the applicable property records to determine the nature and extent of such matters if any
Pursuant to section 51009 of the Texas Property Code the Property will be sold AS IS without any expressed or implied warranties except as to the warranties (if any) provided for under the Deed of Trust Prospective bidders are advised to conduct an independent investigation of the nature and physical condition of the Property
Pursuant to section 5 l0075(a) of the Texas Property Code Trustee reserves the right to set further reasonable conditions for conducting the Foreclosure Sale Any such further conditions shall be announced before bidding is opened for the first sale of the day held by Trustee
Assert and protect your rights as a member of the armed forces of the United States If you are or your spouse is serving on active military duty including active military duty as a member of the Texas National Guard or the National Guard of another state or as a member of a reserve component of the armed forces of the United States please send written notice of the active duty military service to the sender of this notice immediately
Peter A James 496 Comal Ave New Braunfels Texas 78130 Telephone (830) 625-9300 Fax (830) 214-2054
ST A TE OF TEXAS )
COUNTY OF COMAL )
Before me the undersigned notary public on this day personally appeared Peter A James known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed
Given under my hand and seal of office on June 29 2020
11111 -1~Gl~ JOYCE KIDDER CULBERTSON ~f=~~Notary Public State of Texas -1 -s_j Comm Expires 07-25middot2023
_t--Of~~~ 11~ Notary ID 132102419
000235 NOTICE OF TRUSTEES SALE
OWNER OF RECORD Justin R Arraiga and Amanda L Struble LIEN HOLDER Cibolo Vistas Homeowners Association AMOUNT OF LIEN $366899 ($135099 homeowner assessments and late
fees $231800 attorneys fees and expenses) Does not include quarterly assessment of $7500 levied on July 1 2020
PROPERTY ADDRESS 116 Tranquil View Cibolo Texas 78108 LEGAL DESCRIPTION Lot 5 Block 1 Cibolo Vistas Subdivision Phase 3B and 2C-
1 Guadalupe County Texas
Notice is hereby given that the above-described Property is encumbered and the Owners are legally indebted to the lien holder in the amount set forth above for due but unpaid owners association assessments late fees legal expenses and filing fees levied and authorized pursuant to the Declaration of Covenants Conditions and Restrictions for Cibolo Vistas Phase-I and Providing for Cibolo Vistas Homeowners Association executed on March 23 2007 recorded in Volume 2457 Page 214 Official Public Records of Real Property of Guadalupe County Texas as amended by the Supplemental Declaration of Covenants Conditions and Restrictions for Cibolo Vistas Phase 3B and 2C-1 and Phase 3C executed on January 18 2013 recorded in Volume 4048 Page 311 Official Public Records of Real Property of Guadalupe County Texas as amended Notice is further given that the amount of the Lien may increase if future assessments are not timely paid and said subsequent indebtedness will be secured by the Lien herein described
Cibolo Vistas Homeowners Association hereby gives notice that the above-described Property will be auctioned for sale at a public sale held at the place designated for public foreclosure auctions by the Commissioners of Guadalupe County Texas The sale shall commence no earlier than 1000 am on August 4 2020 The property will be sold to the highest bidder for cash or some other form of payment acceptable to the Lien Holder
Pursuant to the Texas Property Code the Owners of the Property may have a right not later than the 180th day after the date written notice of the sale is mailed to the Owners to redeem the Property The purchaser at the foreclosure sale may not transfer ownership of the Property to a person other than the redeeming Owner during the redemption period
Executed on July 2 2020
gt- CIBOLO VISTAS HOMEOWNERS D ASSOCIATION a Texas non-profit
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COUNTY OF BEXAR sect
Before me the undersigned notary public on this day personally appeared Tom L Nevrton Jr acting on behalf of CIBOLO VISTAS HOMEOWNERS ASSOCIATION known to me or proved to me by presentation to me of a governmentally-issued identification card to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that they executed it for the purposes and consideration expressed in it
Given under my hand and seal of office on July 2 2020
Notary~~~xas AFTER RECORDING RETURN TO Tom L Newton Jr Allen Stein amp Durbin PC P 0 Box 101507 San Antonio Texas 78201
0591800391932659jh
-2-
000236
NOTICE OF SUBSTITUTE TRUSTEES SALE
Assert and protect your rights as a member of the armed forces of the Unites States If you are or your spouse is serving on active military duty including active military duty as a member of the Texas National Guard or the National Guard of another state or as a member of a reserve component of the armed forces of the United States please send written notice of the active duty military service to the sender of this notice immediately
Home Equity Deed of Trust
Date of Security Instrument February 23 2004
Grantor Robert W Heyward and Patricia A Heyward
Original Mortgagee MERS (for The CIT GroupConsumer Finance Inc)
Recording Information Instrument 04077 Vol 1972 Page 953 Official Public Real Property (Deed) Records of Guadalupe County Texas
Current Mortgagee Apex Bank (f7ka Bank of Camden)
Mortgage Servicer Pursuant to any Servicing Agreement between the Mortgage Servicer and Mortgagee the Mortgage Servicer is authorized to represent the Mortgagee Pursuant to any Servicing agreement and Texas Property Code sect 51 0025 the Mortgage Servicer is authorized to collect the debt and to administer any resulting foreclosure of the lien securing the Property referenced above
Date of Sale August 4 2020 Time of Sale 1100 am or not later than three hours after that time Place of Sale THE NORTH PORCH OF THE GUADALUPE COUNTY COURTHOUSE
OR IF THE PRECEDING AREA IS NO LONGER THE DESIGNATED AREA AT THE AREA MOST RECENTLY DESIGNATED BY THE GUADALUPE COUNTY COMMISSIONERS COURT
Legal Description of Property to be sold
LOT 8 ANGELS ACRES GUADALUPE COUNTY TEXAS ACCORDING TO THE MAP OR PLAT THEREOF RE(ORDED IN VOLUME 4 PAGES 152-153 OF THE PLAT-lt REeuroORQS OF =-GUADALUPE COUNTY TEXAS ~ ~ 0
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NOTICE OF SUBSTITUTE TRUSTEES SALE PAGE 1 OF2 APEX-HEYWARD [2019-02489]070620bmw
11111 IH 11111111 lnl 111111111111111111 4725196
Substitute Trustee PRATT AYCOCK LTD 5050 Quorum Dr Suite 625 Dallas Texas 75254 Tele 469-294-4748 bwyseprattaycockcom
~~~ After filing return to
PRATT AYCOCK LTD Attn Bennett M Wyse 5050 Quorum Dr Suite 625 Dallas Texas 75254
NOTICE OF SUBSTITUTE TRUSTEES SALE PAOE20F2 APEX-HEYWARD [2019-02489]070620bmw
l
CAUSE NO 20-0481-CV-A
APEX BANK fka BANK OF CAMDEN
Plaintiff
v
ROBERT W HEYWARD SR PATRICIA A HEYWARD and ROBERT W HEYWARD JR ATTORNEY-IN-FACT FOR PATRICIA A HEYWARD
Defe11da11ts
IN RE 219 ANGEL LANE SEGUIN TEXAS 78155
sect sect sect sect sect sect sect sect sect sect sect sect
sect sect sect sect sect
IN THE DISTRICT COURT FILED
J21 M
JUN 3 0 2020
OF GUADALUPE COUNTY TEXAS
2o 2ST11 JUDICIAL DISTRICT
FINAL DEFAULT JUDGMENT AGAINST DEFENDANTS ROBERT W HEYWARD SR PATRICIA A HEYWARD
AND ROBERT W HEYWARD JR ATTORNEY-IN-FACT FOR PATRICIA A HEYWARD AND ORDER AUTHORIZING NON-JUDICIAL FORECLOSURE
CAME ON this date entered below for consideration Plaintiffs Motion for Entry of Final
Default Judgment against Robert W Heyward Sr Patricia A Hevward and Robert W Heyward
Jr Attorney-in-Fact for Patricia A Heyward and Order Authorizing Non-Judicial Foreclosure in
the above-entitled and numbered cause wherein Apex Bank fka Bank of Camden (hereinafter
Apex Bank) is Plaintiff and Robert W Heyward Sr Patricia A Heyward and Robert W
Heyward Jr Attorney-in-Fact for Patricia A Heyward are the Defendants against whom
judgment shall be rendered
The Plaintiff through its attorney of record has announced ready for trial Defendants
Robert W Heyward Sr Patricia A Heyward and Robert W Heyward Jr Attorney-in-Fact for
Patricia A Heyward although having been duly and legally cited to appear and answer failed to
FINAL DEFAULT JUDGMENT AND ORDER PAGE I OF4 APEX-HEYWARD 3200 (2019-02489]bmw 04i20i20
appear and answer and wholly made default
Plaintiff appeared by and through its attorney of record Citations were served on
Defendants Robert W Heyward Sr Patricia A Heyward and Robert W Heyward Jr Attorneyshy
in-Fact for Patricia A Heyward according to law and returned to the Clerk where they remained
on file for the time required by law
The case was presented to the Court The Court having read the pleadings and the
documents on file has determined that it has jurisdiction over the subject matter and of the parties
to this proceeding and is of the opinion that the allegations of Plaintiff have been admitted against
Defendants Robert W Heyward Sr Patricia A Heyward and Robert W Heyward Jr Attorneyshy
in-Fact for Patricia A Heyward
The Court finds that Defendants Robert W Heyward Sr and Patricia A Heyward
executed a Promissory Note and Allonge (Note) and a Texas Home Equity Deed of Trust
(Lien) (collectively the Loan Agreement) for the benefit of The CIT GroupConsumer
Finance Inc (the Original Lender) on or about February 23 2004 and the Loan Agreement
(Note and Lien) was subsequently assigned to Bank of Camden nka Apex Bank on or about June
5 2012 as shown by Plaintiffs pleadings and the evidence on file with the Court
The Court also finds that the account with Apex Bank (as described in the affidavit of a
representative of Plaintiff Apex Bank on file with the Court) went into default and the default
was not cured and the account has been accelerated
The Court further finds that Plaintiff Apex Bank is entitled to declaratory judgment that
Plaintiff Apex Bank has a valid and subsisting lien against the subject real property and
improvements commonly known as 219 Angel Lane Seguin GUADALUPE County Texas
FINAL DEFAULr JUDGMENT AND ORDER PAGE20F4 APEX-HEYWARDbullbull 3200 2019-02489]bmw042020
78155 (the Property) and more particularly described as follows
LOT 8 ANGELS ACRES GUADALUPE COUNTY TEXAS ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 4 PAGES 152-153 OF THE PLAT RECORDS OF GUADALUPE COUNTY TEXAS
and that Plaintiff Apex Bank is entitled to enforce its lien and is authorized by this Court
Order to foreclose against the Property by a non-judicial foreclosure to be held in accordance with
the terms and conditions of the Lien Documents TEX CONST art V sect 8 and art XVI sect 50(a)(6)
and with TEX PROP CODE sect51002
The Court also finds that all conditions precedent have been performed or have occurred
as required by TEX R Clv P 54 for Plaintiff to enforce its security interest against the Property
IT IS THEREFORE ORDERED ADJUDGED AND DECREED that Plaintiff Apex
Bank has a valid and subsisting lien against the Property and that Plaintiff Apex Bank is hereby
entitled and authorized to enforce its lien against the Property by conducting a non-judicial
foreclosure sale of the Property which shall be held in accordance with the terms and conditions
of the Lien Documents and TEX PROP CODE sect51002 and it is further
ORDERED ADJUDGED AND DECREED that this final judgment and order shall
serve as an Order of Foreclosure of the lien in accordance with TEX CONST ART XVI sect50(a)(6)
and it is further
ORDERED ADJUDGED AND DECREED that the non-judicial foreclosure shall
divest Defendants Robert W Heyward Sr Patricia A Heyward and Robert W Heyward Jr
Attorney-in-Fact for Patricia A Heyward of all of their interests in the Property and that the
purchaser of the Property at the non-judicial sale shall thereby be vested with all right title and
interest to and in the Property and it is further
ORDERED ADJUDGED AND DECREED that no personal liability or deficiency for
FINAL DEFAULT JUDGMENT AND ORDER PAGE30F4 APEX-HEYWARDbullbullbullbull3200 [2019-02489]bmw04200
the debt under the loan agreement shall be asserted against any of the Defendants and it is further
ORDERED ADJUDGED AND DECREED that Plaintiff Apex Bank recover of and
from Defendants all costs in this behalf expended and it is further
ORDERED ADJUDGED AND DECREED that after the non-judicial foreclosure sale
is held if the Property remains occupied after this judgment becomes final then the purchaser of
the Property at the foreclosure sale shall be entitled to the issuance of a writ of possession from
the clerk of this court against any occupant of the Property in accordance with TEX R Civ P 310
without further order ofthis Court and it is finally
ORDERED ADJUDGED AND DECREED that Plaintiff Apex Bank shall be allowed
such other writs and processes that may be necessary in the enforcement of Plaintiffs lien against
the Property and this Final Judgment
SIGNED on this the _n day of- JV- Q_ 2020
L Respectfully submitted
Isl Bennetti1 Wy~
Bennett M Wyse Texas State Bar No 24008315 PRATT AYCOCK LTD
5050 Quorum Dr Suite 625 Dallas Texas 75254 Office Telephone 4692944748 Alt Office Telephone 2144735551 Fax 2145409333 Email bwyseprattaycockcom Website wwwtxtnlawcom
ATTORNEYS FOR PLAINTIFF APEX BANK
FINAL DEFAULT JUDGMENT AND ORDER PAGE40F4 APEX-HEYWARDbull J00 [2019-02-189)bmw042020
GOU238 TRUSTEES NOTICE OF FORECLOSURE SALE
THE STA TE OF TEXAS )( )(
COUNTY OF GUADALUPE )(
WHEREAS by a Deed of Trust (the Deed of Trust) dated effective May 23 2018 Amanda Bean and John P Adair (the Debtor) conveyed certain property situated in Guadalupe County Texas to A Robert Raetzsch Trustee for the benefit of Concrete City Investments LLC (the bull~oteholder) to secure the indebtedness evidenced by that certain note (the Note) in the original principal amount of $8334000 which was executed by the Debtor to the Noteholder and to secure any and all other indebtedness described in the Deed of Trust
WHEREAS the Deed of Trust encumbers certain real property (the Property) located in Guadalupe County Texas described as follows
Lot 9 JACKSON EST ATES SUBDIVISION a subdivision in Guadalupe County Texas according to plat recorded in Volume 8 Page 530 Map and Plat Records Guadalupe County Texas
WHEREAS the Deed of Trust was recorded in the Official Public Records of Guadalupe County Texas under Document Number 201899011668
WHEREAS default has occurred under the terms and provisions of the Deed of Trust and the Note is now wholly due and the owner and holder of the Note has requested the undersigned as Trustee to enforce the power of sale of the Deed of Trust by selling the Property
NOW THEREFORE the undersigned as Trustee herein described hereby gives notice that Trustee will accordingly sell the Property at public auction to the highest bidder for cash AS IS at the courthouse of Guadalupe County Texas in the area designated by the commissioners court of said county for foreclosure sales of real property as evidenced by a written instrument filed in the real property records of said county being the North porch of the Guadalupe County Courthouse 101 E Court Street Seguin Guadalupe County Texas (the earliest time at which the foreclosure will be held is 1 00 oclock pm) between the hours of I 00 oclock pm and 400 oclock pm on August 4 2020 after due posting and filing of this notice and after written notice of such sale having been given by certified mail to the Debtor and any other Debtor who according to the records of the Noteholder is obligated to pay the indebtedness described above This sale will be conducted subject to the right of rescission contained in Section 51016 of the Texas Property Code
PROVIDED HOWEVER the Property is being sold subject to all matters that are prior or superior to the Deed of Trust
Assert and protect your rights if you are a member of the armed forces of the United States If you are or your spouse is serving on active military duty including active military duty as a member of the Texas National Guard or the National Guard of another state or as a member of a reserve component of the armed forces of the United States please send written notice of the active duty military service to the sender of this notice immediately
DATED this 9th day of July 2020 = cgt fJ c r
A Robert Raetzsch Trustee 202 N Camp Street Seguin Texas 78155
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20TX373-0014 3908 GENTLE MEADOW NEW BRAUNFELS TX 78130
NOTICE OF FORECLOSURE SALE
Property TI1e Property to be sold is described as follows
LOT 2 BLOCK 7 LEGEND POND LEGEND POINT PHASE 4 IN TIIE CITY OF NEW BRAUNFELS GUADALUPE COUNTY TEXAS ACCORDING TO PLAT THEREOF RECORDED IN VOLUME 8 PAGES 548-549 MAP AND PLAT RECORDS OF GUADALUPE COUNTY TEXAS
Security Instrument Deed of Trust dated August 24 2017 and recorded on September 13 2017 as Instrument Number 2017021829 in the real property records of GUADALUPE County Texas which contains a power of sale
Sale Infonnation August 04 2020 at 1200 PM or not later than three hours thereafter at the north porch of the Guadalupe County Courthouse or as designated by the County Commissioners Court
Terms of Sale Public auction to highest bidder for cash In accordance with Texas Property Code section 5 l009 the Property will be sold as is without any expressed or implied warranties except as to warranties of title and will be acquired by the purchaser at its own risk In accordance with Texas Property Code section 510075 the substitute trustee reserves the right to set additional reasonable conditions for conducting the sale and will announce the conditions before bidding is opened for the first sale of the day held by the substitute trustee
Obligation Secured The Deed of Trust executed by HALEY M HAMMERS secures the repayment of a Note dated August 24 2017 in the amount of $19556300 FREEDOM MORTGAGE CORPORATION whose address is co Freedom Mortgage Corporation 907 Pleasant Valley Avenue Suite 3 Mt Laurel NJ 08054 is the current mortgagee of the Deed of Trust and Note and Freedom Mortgage Corporation is the current mortgage servicer for the mortgagee Pursuant to a servicing agreement and Texas Property Code section 510025 the mortgagee authorizes the mortgage servicer to administer the foreclosure on its behal L
Substitute Trustee In accordance with Texas Property Code section 510076 and the Security Instrument referenced above mortgagee and mortgage servicers attorney appoint the substitute trustees listed below
THIS INSTRUMENT APPOINTS THE SUBSTITUTE TRUSTEE(S) IDENTIFIED TO SELL THE PROPERTY DESCRIBED IN THE SECURITY INSTRUMENT IDENTIFIED IN TIHS NQTICE OF SALE THE PERSON SIGNING THIS NOTICE IS THE ATTORNEY OR AUTHO D ~EN~F THE MORTGAGEE OR MORTGAGE SERVICER -lt c 0
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ASSERT AND PROTECT YOUR RIGHTS AS A MEMBER OF THE ARMED FORCES OF THE UNITED STATES IF YOU ARE OR YOUR SPOUSE IS SERVING ON ACTIVE MILITARY DUTY INCLUDING ACTIVE MILITARY DUTY AS A MEMBER OF THE TEXAS NATIONAL GUARD OR THE NATIONAL GUARD OF ANOTHER STATE OR AS A MEMBER OF A RESERVE COMPONENT OF THE ARMED FORCES OF THE UNITED STATES PLEASE SEND WRITTEN NOTICE OF THE ACTIVE DUTY MILITARY SERVICE TO THE SENDER OF THIS NOTICE IMMEDIATELY
Miller Watson amp George PC Dustin C George Attorney at Law Tracey Midkiff Attorney at Law Jonathan Andring Attorney at Law 5550 Granite Parkway Suite 245 Plano TX 75024
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e(s) y Ortiz Aarti Patel Stacey Sanders Ramon Perez Garrett Sanders Erika Aguirre Beatriz Sanchez Dylan Ruiz Candice Shulte Maryna Danielian Deborah Martin Troy Martin Alexis Martin Cassie Martin Terri Martin Shelby Martin Elizabeth Anderson Deanna Ray co Miller Watson amp George PC 5550 Granite Parkway Suite 245 Plano TX 75024
Certificate of Posting
declare under penalty of perjury that on the j _t day of 20~ I filed and posted this Notice of Foreclosure Sale in accordance with the
requireme of GUADALUPE County Texas and Texas Property Code sections 51002(b)(l) and 51002(b)(2)
Carrington Foreclosure Services LLC PO Box 3309 000223 Anaheim California 92803 For Sale Information (888) 313-1969 For Reinstatement Requests 1-866-874-5860
RE Pay Off Requests 1-800-561-4567 TS 20-24333 2020 JUN I 8 AH 11 I 0
1 liltSt KIEL CIIUNfY CL[rl GUADALUPE CGIUNTY
NOTICE OF SUBSTITUTE TRUSTEES SALE MY ampii
0 WHEREAS on 10212004 LOUIS TIJTTLE AND KRISTY TU1TLE as GrantorBorrower executed and delivered that certain Deed of Trust in favor of CTC REAL ESTA TE SERVICES as Trustee MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC SOLELY AS NOMINEE FOR FULL SPECTRUM LENDING INC as Beneficiary which deed of trust secures the payment of that certain promissory note of even date therewith in the original amount of $11520000 payable to the order of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC SOLELY AS NOMINEE FOR FULL SPECTRUM LENDING INC which Deed of Trust is Recorded on 1152004 as Volume 22963 Book 2082 Page 483 Loan Mod Rerecorded on 11192013 as Vol 4165 PG 0745 in Guadalupe County Texas Deed of Trust covers all of the real property personal property and fixtures described therein including but not limited to all the following described property rights and interests (the Property) to-wit
LOT SEVEN (7) BLOCK ONE (1) VOSS FARMS SUBDMSION UNIT 1 SITUATED IN GUADALUPE COUNTY TEXAS ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 6 PAGE 558 MAP AND PLAT RECORDS OF GUADALUPE COUNTY TEXAS
Commonly known as 1630 ELIZABETH CT NEW BRAUNFELS TX 78130
WHEREAS the Trustee named in the Deed of Trust having been removed the legal holder of the indebtedness described in the Deed of Trust appointed Troy Martin Deborah Martin Cassie Martin Terri Martin Alexis Martin Elizabeth Anderson or either of them as Substitute Trustee ( each being referred to as the Substitute Trustee) upon the contingency and in the manner authorized by the Deed of Trust and
WHEREAS defaults have occurred in the covenants of the Deed of Trust monetary or otherwise and the indebtedness secured by and described in the Deed of Trust is now wholly due and Carrington Mortgage Services LLC whose address is 1600 Douglass Road Suite 200 A Anaheim CA 92806 is acting as the mortgage servicer for THE BANK OF NEW YORK MELLON FK A The Bank of New York as trustee for registered Holders of CW ABS Inc Asset-Backed Certificates Series 2004-12 which is the mortgagee of the Note and Deed of Trust or mortgage and the legal holder of such indebtedness and the liens securing same has requested either one of the Substitute Trustees to sell the Property in accordance with applicable law and the terms and provisions of the Deed of Trust Carrington Mortgage Services LLC is authorized to represent the mortgagee by virtue of a written servicing agreement with the mortgagee Pursuant to that agreement and Texas Property Code Section 510025 Carrington Mortgage Services LLC is authorized to administer the foreclosure referenced herein
NOW THEREFORE NOTICE IS HEREBY GIVEN that on 842020 at 1100 AM or no later than three (3) hours after such time in Guadalupe County Texas the Substitute Trustee will sell the Property at public venue to the highest bidder for cash The sale will take place at the area designated by the Commissioners Court for sales of real property under a power of sale conferred by a deed of trust or other contract lien as follows The North porch of the Guadalupe County Courthouse
NOTICE IS FURTHER GIVEN that except to the extent that the Substitute Trustee may bind and obligate Mortgagors to warrant title the Property under the terms of the Deed of Trust conveyance of the Property shall be made without any representations or warranties whatsoever express or implied
I 11111111~ Ill H~ lllll 11111111111111111 4724799
If the Trustee is unable to convey title for any reason the successful bidders sole and exclusive remedy shall be the return of monies paid to the Trustee and the successful bidder shall have no further recourse
If the sale is set aside for any reason the Purchaser at the sale shall be entitled only to a return of the deposit paid The Purchaser shall have no further recourse against the Mortgagor the Mortgagee or the Mortgagees Attorney
ASSERT AND PROTECT YOUR RIGHTS AS A MEMBER OF THE ARMED FORCES OF THE UNITED STATES IF YOU ARE OR YOUR SPOUSE IS SERVING ON ACTIVE MilIT ARY DUTY INCLUDING ACTIVE MILITARY DUTY AS A MEMBER OF THE TEXAS NATIONAL GUARD OR Tllli NATIONAL GUARD OF ANOTHER STATE OR AS A MEMBER OF A RESERVE COMPONENT OF THE ARMED FORCES OF THE UNITED STA TES PLEASE SEND WRITTEN NOTICE OF THE ACTIVE DUTY MILITARY SERVICE TO THE SENDER OF THIS NOTICE IMMEDIATELY
TIIlS INSTRUMENT APPOINTS THE SUBSTITUTE TRUSTEE(S) IDENTIFIED TO SELL THE PROPERTY DESCRIBED IN THE SECURITY INSTRUMENT IDENTIFIED IN THIS NOTICE OF SALE THE PERSON SIGNING Tms NOTICE IS THE ATTORNEY OR AUTHORIZED AGENT OF THE MORTGAGEE OR MORTGAGE SERVICER
WITNESS my hand this 6172020 WITNESS my hand this
~JUC(Z s~~ By Monica Sandoval Trustee Sale Specialist
Team Lead Carrington Foreclosure Services LLC as
authorized agent for Mortgagee or Mortgage Servicer
1500 South Douglass Road Suite 150 Anaheim CA 92806
stitut Trustee(s) Martin Cassie Martin Terri
Martin Alexis Martin Elizabeth Anderson
CO Carrington Foreclosure Services LLC 1500 South Douglass Road Suite 150
Anaheim CA 92806
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE
00023L
Notice of Foreclosure Sale
June 29 2020
Deed of Trust (Deed of Trust) bull Dated April 17 2018 -lt ~
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c_ Granter Mary Ann Talbot C r- m
Trustee Roy Neal Linnartz I j ~~~
Substitute Trustee Peter A James -middot--0 Jc 496 Comal Ave rn New Braunfels Texas 78130 ~ n
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Lender Shepherds Glen Partners LLC --lt
Recorded in Instrument No 201899008183 Guadalupe County Texas
of the real property records of
Legal Description All that certain tract or parcel of land known and designated as Lot 13 Block 1 Shepherds Glen Subdivision according to map or plat thereof recorded in Volume 8 Page 581-582 Map and Plat Records of Guadalupe County Texas (the Shepherds Glen Subdivision Plat)
Secures Promissory Note (Note) in the original principal amount of $4950000 executed by Mary Ann Talbot (Borrower) and payable to the order of Lender
Foreclosure Sale
Date Tuesday August 04 2020
Time The sale of the Property will be held between the hours of 1000 AM and 400 PM local time the earliest time at which the Foreclosure Sale will begin is 1 00 pm and not later than three hours thereafter
Place THE NORTH PORCH OF THE GUADALUPE COUNTY COURTHOUSE OR IN THE AREA DESIGNATED BY THE COMMISSIONERS COURT PURSUANT TO SECTION 51002 OF THE TEXAS PROPERTY CODE
Terms of Sale The Foreclosure Sale will be conducted as a public auction and the Property will be sold to the highest bidder for cash except that Shepherds Glen Partners LLCs bid may be by credit against the indebtedness secured by the lien of the Deed of Trust
Default has occurred in the payment of the Note and in the performance of the obligations of the Deed of Trust Because of that default Shepherds Glen Partners LLC the owner and holder of the Note has requested Trustee to sell the Property
The Deed of Trust may encumber both real and personal property Formal notice is hereby given of Shepherds Glen Partners LLCs election to proceed against and sell both the real property and any personal property described in the Deed of Trust in accordance with Shepherds Glen Partners LLCs rights and remedies under the Deed of Trust and section 9604(a) of the Texas Business and Commerce Code
Therefore notice is given that on and at the Date Time and Place for the Foreclosure Sale described above Trustee will sell the Property in accordance with the Terms of Sale described above the Deed of Trust and applicable Texas law
If Shepherds Glen Partners LLC passes the Foreclosure Sale notice of the date of any rescheduled foreclosure sale will be reposted and refiled in accordance with the posting and filing requirements of the Deed of Trust and the Texas Property Code
The Foreclosure Sale will be made expressly subject to any title matters set forth in the Deed of Trust but prospective bidders are reminded that by law the Foreclosure Sale will necessarily be made subject to all prior matters of record affecting the Property if any to the extent that they remain in force and effect and have not been subordinated to the Deed of Trust For the avoidance of doubt the Foreclosure Sale will not cover any part of the Property that has been released of public record from the lien andor security interest of the Deed of Trust by Shepherds Glen Partners LLC Prospective bidders are strongly urged to examine the applicable property records to determine the nature and extent of such matters if any
Pursuant to section 51009 of the Texas Property Code the Property will be sold AS IS without any expressed or implied warranties except as to the warranties (if any) provided for under the Deed of Trust Prospective bidders are advised to conduct an independent investigation of the nature and physical condition of the Property
Pursuant to section 5 l0075(a) of the Texas Property Code Trustee reserves the right to set further reasonable conditions for conducting the Foreclosure Sale Any such further conditions shall be announced before bidding is opened for the first sale of the day held by Trustee
Assert and protect your rights as a member of the armed forces of the United States If you are or your spouse is serving on active military duty including active military duty as a member of the Texas National Guard or the National Guard of another state or as a member of a reserve component of the armed forces of the United States please send written notice of the active duty military service to the sender of this notice immediately
Peter A James 496 Comal Ave New Braunfels Texas 78130 Telephone (830) 625-9300 Fax (830) 214-2054
ST A TE OF TEXAS )
COUNTY OF COMAL )
Before me the undersigned notary public on this day personally appeared Peter A James known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed
Given under my hand and seal of office on June 29 2020
11111 -1~Gl~ JOYCE KIDDER CULBERTSON ~f=~~Notary Public State of Texas -1 -s_j Comm Expires 07-25middot2023
_t--Of~~~ 11~ Notary ID 132102419
000235 NOTICE OF TRUSTEES SALE
OWNER OF RECORD Justin R Arraiga and Amanda L Struble LIEN HOLDER Cibolo Vistas Homeowners Association AMOUNT OF LIEN $366899 ($135099 homeowner assessments and late
fees $231800 attorneys fees and expenses) Does not include quarterly assessment of $7500 levied on July 1 2020
PROPERTY ADDRESS 116 Tranquil View Cibolo Texas 78108 LEGAL DESCRIPTION Lot 5 Block 1 Cibolo Vistas Subdivision Phase 3B and 2C-
1 Guadalupe County Texas
Notice is hereby given that the above-described Property is encumbered and the Owners are legally indebted to the lien holder in the amount set forth above for due but unpaid owners association assessments late fees legal expenses and filing fees levied and authorized pursuant to the Declaration of Covenants Conditions and Restrictions for Cibolo Vistas Phase-I and Providing for Cibolo Vistas Homeowners Association executed on March 23 2007 recorded in Volume 2457 Page 214 Official Public Records of Real Property of Guadalupe County Texas as amended by the Supplemental Declaration of Covenants Conditions and Restrictions for Cibolo Vistas Phase 3B and 2C-1 and Phase 3C executed on January 18 2013 recorded in Volume 4048 Page 311 Official Public Records of Real Property of Guadalupe County Texas as amended Notice is further given that the amount of the Lien may increase if future assessments are not timely paid and said subsequent indebtedness will be secured by the Lien herein described
Cibolo Vistas Homeowners Association hereby gives notice that the above-described Property will be auctioned for sale at a public sale held at the place designated for public foreclosure auctions by the Commissioners of Guadalupe County Texas The sale shall commence no earlier than 1000 am on August 4 2020 The property will be sold to the highest bidder for cash or some other form of payment acceptable to the Lien Holder
Pursuant to the Texas Property Code the Owners of the Property may have a right not later than the 180th day after the date written notice of the sale is mailed to the Owners to redeem the Property The purchaser at the foreclosure sale may not transfer ownership of the Property to a person other than the redeeming Owner during the redemption period
Executed on July 2 2020
gt- CIBOLO VISTAS HOMEOWNERS D ASSOCIATION a Texas non-profit
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Before me the undersigned notary public on this day personally appeared Tom L Nevrton Jr acting on behalf of CIBOLO VISTAS HOMEOWNERS ASSOCIATION known to me or proved to me by presentation to me of a governmentally-issued identification card to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that they executed it for the purposes and consideration expressed in it
Given under my hand and seal of office on July 2 2020
Notary~~~xas AFTER RECORDING RETURN TO Tom L Newton Jr Allen Stein amp Durbin PC P 0 Box 101507 San Antonio Texas 78201
0591800391932659jh
-2-
000236
NOTICE OF SUBSTITUTE TRUSTEES SALE
Assert and protect your rights as a member of the armed forces of the Unites States If you are or your spouse is serving on active military duty including active military duty as a member of the Texas National Guard or the National Guard of another state or as a member of a reserve component of the armed forces of the United States please send written notice of the active duty military service to the sender of this notice immediately
Home Equity Deed of Trust
Date of Security Instrument February 23 2004
Grantor Robert W Heyward and Patricia A Heyward
Original Mortgagee MERS (for The CIT GroupConsumer Finance Inc)
Recording Information Instrument 04077 Vol 1972 Page 953 Official Public Real Property (Deed) Records of Guadalupe County Texas
Current Mortgagee Apex Bank (f7ka Bank of Camden)
Mortgage Servicer Pursuant to any Servicing Agreement between the Mortgage Servicer and Mortgagee the Mortgage Servicer is authorized to represent the Mortgagee Pursuant to any Servicing agreement and Texas Property Code sect 51 0025 the Mortgage Servicer is authorized to collect the debt and to administer any resulting foreclosure of the lien securing the Property referenced above
Date of Sale August 4 2020 Time of Sale 1100 am or not later than three hours after that time Place of Sale THE NORTH PORCH OF THE GUADALUPE COUNTY COURTHOUSE
OR IF THE PRECEDING AREA IS NO LONGER THE DESIGNATED AREA AT THE AREA MOST RECENTLY DESIGNATED BY THE GUADALUPE COUNTY COMMISSIONERS COURT
Legal Description of Property to be sold
LOT 8 ANGELS ACRES GUADALUPE COUNTY TEXAS ACCORDING TO THE MAP OR PLAT THEREOF RE(ORDED IN VOLUME 4 PAGES 152-153 OF THE PLAT-lt REeuroORQS OF =-GUADALUPE COUNTY TEXAS ~ ~ 0
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NOTICE OF SUBSTITUTE TRUSTEES SALE PAGE 1 OF2 APEX-HEYWARD [2019-02489]070620bmw
11111 IH 11111111 lnl 111111111111111111 4725196
Substitute Trustee PRATT AYCOCK LTD 5050 Quorum Dr Suite 625 Dallas Texas 75254 Tele 469-294-4748 bwyseprattaycockcom
~~~ After filing return to
PRATT AYCOCK LTD Attn Bennett M Wyse 5050 Quorum Dr Suite 625 Dallas Texas 75254
NOTICE OF SUBSTITUTE TRUSTEES SALE PAOE20F2 APEX-HEYWARD [2019-02489]070620bmw
l
CAUSE NO 20-0481-CV-A
APEX BANK fka BANK OF CAMDEN
Plaintiff
v
ROBERT W HEYWARD SR PATRICIA A HEYWARD and ROBERT W HEYWARD JR ATTORNEY-IN-FACT FOR PATRICIA A HEYWARD
Defe11da11ts
IN RE 219 ANGEL LANE SEGUIN TEXAS 78155
sect sect sect sect sect sect sect sect sect sect sect sect
sect sect sect sect sect
IN THE DISTRICT COURT FILED
J21 M
JUN 3 0 2020
OF GUADALUPE COUNTY TEXAS
2o 2ST11 JUDICIAL DISTRICT
FINAL DEFAULT JUDGMENT AGAINST DEFENDANTS ROBERT W HEYWARD SR PATRICIA A HEYWARD
AND ROBERT W HEYWARD JR ATTORNEY-IN-FACT FOR PATRICIA A HEYWARD AND ORDER AUTHORIZING NON-JUDICIAL FORECLOSURE
CAME ON this date entered below for consideration Plaintiffs Motion for Entry of Final
Default Judgment against Robert W Heyward Sr Patricia A Hevward and Robert W Heyward
Jr Attorney-in-Fact for Patricia A Heyward and Order Authorizing Non-Judicial Foreclosure in
the above-entitled and numbered cause wherein Apex Bank fka Bank of Camden (hereinafter
Apex Bank) is Plaintiff and Robert W Heyward Sr Patricia A Heyward and Robert W
Heyward Jr Attorney-in-Fact for Patricia A Heyward are the Defendants against whom
judgment shall be rendered
The Plaintiff through its attorney of record has announced ready for trial Defendants
Robert W Heyward Sr Patricia A Heyward and Robert W Heyward Jr Attorney-in-Fact for
Patricia A Heyward although having been duly and legally cited to appear and answer failed to
FINAL DEFAULT JUDGMENT AND ORDER PAGE I OF4 APEX-HEYWARD 3200 (2019-02489]bmw 04i20i20
appear and answer and wholly made default
Plaintiff appeared by and through its attorney of record Citations were served on
Defendants Robert W Heyward Sr Patricia A Heyward and Robert W Heyward Jr Attorneyshy
in-Fact for Patricia A Heyward according to law and returned to the Clerk where they remained
on file for the time required by law
The case was presented to the Court The Court having read the pleadings and the
documents on file has determined that it has jurisdiction over the subject matter and of the parties
to this proceeding and is of the opinion that the allegations of Plaintiff have been admitted against
Defendants Robert W Heyward Sr Patricia A Heyward and Robert W Heyward Jr Attorneyshy
in-Fact for Patricia A Heyward
The Court finds that Defendants Robert W Heyward Sr and Patricia A Heyward
executed a Promissory Note and Allonge (Note) and a Texas Home Equity Deed of Trust
(Lien) (collectively the Loan Agreement) for the benefit of The CIT GroupConsumer
Finance Inc (the Original Lender) on or about February 23 2004 and the Loan Agreement
(Note and Lien) was subsequently assigned to Bank of Camden nka Apex Bank on or about June
5 2012 as shown by Plaintiffs pleadings and the evidence on file with the Court
The Court also finds that the account with Apex Bank (as described in the affidavit of a
representative of Plaintiff Apex Bank on file with the Court) went into default and the default
was not cured and the account has been accelerated
The Court further finds that Plaintiff Apex Bank is entitled to declaratory judgment that
Plaintiff Apex Bank has a valid and subsisting lien against the subject real property and
improvements commonly known as 219 Angel Lane Seguin GUADALUPE County Texas
FINAL DEFAULr JUDGMENT AND ORDER PAGE20F4 APEX-HEYWARDbullbull 3200 2019-02489]bmw042020
78155 (the Property) and more particularly described as follows
LOT 8 ANGELS ACRES GUADALUPE COUNTY TEXAS ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 4 PAGES 152-153 OF THE PLAT RECORDS OF GUADALUPE COUNTY TEXAS
and that Plaintiff Apex Bank is entitled to enforce its lien and is authorized by this Court
Order to foreclose against the Property by a non-judicial foreclosure to be held in accordance with
the terms and conditions of the Lien Documents TEX CONST art V sect 8 and art XVI sect 50(a)(6)
and with TEX PROP CODE sect51002
The Court also finds that all conditions precedent have been performed or have occurred
as required by TEX R Clv P 54 for Plaintiff to enforce its security interest against the Property
IT IS THEREFORE ORDERED ADJUDGED AND DECREED that Plaintiff Apex
Bank has a valid and subsisting lien against the Property and that Plaintiff Apex Bank is hereby
entitled and authorized to enforce its lien against the Property by conducting a non-judicial
foreclosure sale of the Property which shall be held in accordance with the terms and conditions
of the Lien Documents and TEX PROP CODE sect51002 and it is further
ORDERED ADJUDGED AND DECREED that this final judgment and order shall
serve as an Order of Foreclosure of the lien in accordance with TEX CONST ART XVI sect50(a)(6)
and it is further
ORDERED ADJUDGED AND DECREED that the non-judicial foreclosure shall
divest Defendants Robert W Heyward Sr Patricia A Heyward and Robert W Heyward Jr
Attorney-in-Fact for Patricia A Heyward of all of their interests in the Property and that the
purchaser of the Property at the non-judicial sale shall thereby be vested with all right title and
interest to and in the Property and it is further
ORDERED ADJUDGED AND DECREED that no personal liability or deficiency for
FINAL DEFAULT JUDGMENT AND ORDER PAGE30F4 APEX-HEYWARDbullbullbullbull3200 [2019-02489]bmw04200
the debt under the loan agreement shall be asserted against any of the Defendants and it is further
ORDERED ADJUDGED AND DECREED that Plaintiff Apex Bank recover of and
from Defendants all costs in this behalf expended and it is further
ORDERED ADJUDGED AND DECREED that after the non-judicial foreclosure sale
is held if the Property remains occupied after this judgment becomes final then the purchaser of
the Property at the foreclosure sale shall be entitled to the issuance of a writ of possession from
the clerk of this court against any occupant of the Property in accordance with TEX R Civ P 310
without further order ofthis Court and it is finally
ORDERED ADJUDGED AND DECREED that Plaintiff Apex Bank shall be allowed
such other writs and processes that may be necessary in the enforcement of Plaintiffs lien against
the Property and this Final Judgment
SIGNED on this the _n day of- JV- Q_ 2020
L Respectfully submitted
Isl Bennetti1 Wy~
Bennett M Wyse Texas State Bar No 24008315 PRATT AYCOCK LTD
5050 Quorum Dr Suite 625 Dallas Texas 75254 Office Telephone 4692944748 Alt Office Telephone 2144735551 Fax 2145409333 Email bwyseprattaycockcom Website wwwtxtnlawcom
ATTORNEYS FOR PLAINTIFF APEX BANK
FINAL DEFAULT JUDGMENT AND ORDER PAGE40F4 APEX-HEYWARDbull J00 [2019-02-189)bmw042020
GOU238 TRUSTEES NOTICE OF FORECLOSURE SALE
THE STA TE OF TEXAS )( )(
COUNTY OF GUADALUPE )(
WHEREAS by a Deed of Trust (the Deed of Trust) dated effective May 23 2018 Amanda Bean and John P Adair (the Debtor) conveyed certain property situated in Guadalupe County Texas to A Robert Raetzsch Trustee for the benefit of Concrete City Investments LLC (the bull~oteholder) to secure the indebtedness evidenced by that certain note (the Note) in the original principal amount of $8334000 which was executed by the Debtor to the Noteholder and to secure any and all other indebtedness described in the Deed of Trust
WHEREAS the Deed of Trust encumbers certain real property (the Property) located in Guadalupe County Texas described as follows
Lot 9 JACKSON EST ATES SUBDIVISION a subdivision in Guadalupe County Texas according to plat recorded in Volume 8 Page 530 Map and Plat Records Guadalupe County Texas
WHEREAS the Deed of Trust was recorded in the Official Public Records of Guadalupe County Texas under Document Number 201899011668
WHEREAS default has occurred under the terms and provisions of the Deed of Trust and the Note is now wholly due and the owner and holder of the Note has requested the undersigned as Trustee to enforce the power of sale of the Deed of Trust by selling the Property
NOW THEREFORE the undersigned as Trustee herein described hereby gives notice that Trustee will accordingly sell the Property at public auction to the highest bidder for cash AS IS at the courthouse of Guadalupe County Texas in the area designated by the commissioners court of said county for foreclosure sales of real property as evidenced by a written instrument filed in the real property records of said county being the North porch of the Guadalupe County Courthouse 101 E Court Street Seguin Guadalupe County Texas (the earliest time at which the foreclosure will be held is 1 00 oclock pm) between the hours of I 00 oclock pm and 400 oclock pm on August 4 2020 after due posting and filing of this notice and after written notice of such sale having been given by certified mail to the Debtor and any other Debtor who according to the records of the Noteholder is obligated to pay the indebtedness described above This sale will be conducted subject to the right of rescission contained in Section 51016 of the Texas Property Code
PROVIDED HOWEVER the Property is being sold subject to all matters that are prior or superior to the Deed of Trust
Assert and protect your rights if you are a member of the armed forces of the United States If you are or your spouse is serving on active military duty including active military duty as a member of the Texas National Guard or the National Guard of another state or as a member of a reserve component of the armed forces of the United States please send written notice of the active duty military service to the sender of this notice immediately
DATED this 9th day of July 2020 = cgt fJ c r
A Robert Raetzsch Trustee 202 N Camp Street Seguin Texas 78155
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ASSERT AND PROTECT YOUR RIGHTS AS A MEMBER OF THE ARMED FORCES OF THE UNITED STATES IF YOU ARE OR YOUR SPOUSE IS SERVING ON ACTIVE MILITARY DUTY INCLUDING ACTIVE MILITARY DUTY AS A MEMBER OF THE TEXAS NATIONAL GUARD OR THE NATIONAL GUARD OF ANOTHER STATE OR AS A MEMBER OF A RESERVE COMPONENT OF THE ARMED FORCES OF THE UNITED STATES PLEASE SEND WRITTEN NOTICE OF THE ACTIVE DUTY MILITARY SERVICE TO THE SENDER OF THIS NOTICE IMMEDIATELY
Miller Watson amp George PC Dustin C George Attorney at Law Tracey Midkiff Attorney at Law Jonathan Andring Attorney at Law 5550 Granite Parkway Suite 245 Plano TX 75024
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e(s) y Ortiz Aarti Patel Stacey Sanders Ramon Perez Garrett Sanders Erika Aguirre Beatriz Sanchez Dylan Ruiz Candice Shulte Maryna Danielian Deborah Martin Troy Martin Alexis Martin Cassie Martin Terri Martin Shelby Martin Elizabeth Anderson Deanna Ray co Miller Watson amp George PC 5550 Granite Parkway Suite 245 Plano TX 75024
Certificate of Posting
declare under penalty of perjury that on the j _t day of 20~ I filed and posted this Notice of Foreclosure Sale in accordance with the
requireme of GUADALUPE County Texas and Texas Property Code sections 51002(b)(l) and 51002(b)(2)
Carrington Foreclosure Services LLC PO Box 3309 000223 Anaheim California 92803 For Sale Information (888) 313-1969 For Reinstatement Requests 1-866-874-5860
RE Pay Off Requests 1-800-561-4567 TS 20-24333 2020 JUN I 8 AH 11 I 0
1 liltSt KIEL CIIUNfY CL[rl GUADALUPE CGIUNTY
NOTICE OF SUBSTITUTE TRUSTEES SALE MY ampii
0 WHEREAS on 10212004 LOUIS TIJTTLE AND KRISTY TU1TLE as GrantorBorrower executed and delivered that certain Deed of Trust in favor of CTC REAL ESTA TE SERVICES as Trustee MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC SOLELY AS NOMINEE FOR FULL SPECTRUM LENDING INC as Beneficiary which deed of trust secures the payment of that certain promissory note of even date therewith in the original amount of $11520000 payable to the order of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC SOLELY AS NOMINEE FOR FULL SPECTRUM LENDING INC which Deed of Trust is Recorded on 1152004 as Volume 22963 Book 2082 Page 483 Loan Mod Rerecorded on 11192013 as Vol 4165 PG 0745 in Guadalupe County Texas Deed of Trust covers all of the real property personal property and fixtures described therein including but not limited to all the following described property rights and interests (the Property) to-wit
LOT SEVEN (7) BLOCK ONE (1) VOSS FARMS SUBDMSION UNIT 1 SITUATED IN GUADALUPE COUNTY TEXAS ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 6 PAGE 558 MAP AND PLAT RECORDS OF GUADALUPE COUNTY TEXAS
Commonly known as 1630 ELIZABETH CT NEW BRAUNFELS TX 78130
WHEREAS the Trustee named in the Deed of Trust having been removed the legal holder of the indebtedness described in the Deed of Trust appointed Troy Martin Deborah Martin Cassie Martin Terri Martin Alexis Martin Elizabeth Anderson or either of them as Substitute Trustee ( each being referred to as the Substitute Trustee) upon the contingency and in the manner authorized by the Deed of Trust and
WHEREAS defaults have occurred in the covenants of the Deed of Trust monetary or otherwise and the indebtedness secured by and described in the Deed of Trust is now wholly due and Carrington Mortgage Services LLC whose address is 1600 Douglass Road Suite 200 A Anaheim CA 92806 is acting as the mortgage servicer for THE BANK OF NEW YORK MELLON FK A The Bank of New York as trustee for registered Holders of CW ABS Inc Asset-Backed Certificates Series 2004-12 which is the mortgagee of the Note and Deed of Trust or mortgage and the legal holder of such indebtedness and the liens securing same has requested either one of the Substitute Trustees to sell the Property in accordance with applicable law and the terms and provisions of the Deed of Trust Carrington Mortgage Services LLC is authorized to represent the mortgagee by virtue of a written servicing agreement with the mortgagee Pursuant to that agreement and Texas Property Code Section 510025 Carrington Mortgage Services LLC is authorized to administer the foreclosure referenced herein
NOW THEREFORE NOTICE IS HEREBY GIVEN that on 842020 at 1100 AM or no later than three (3) hours after such time in Guadalupe County Texas the Substitute Trustee will sell the Property at public venue to the highest bidder for cash The sale will take place at the area designated by the Commissioners Court for sales of real property under a power of sale conferred by a deed of trust or other contract lien as follows The North porch of the Guadalupe County Courthouse
NOTICE IS FURTHER GIVEN that except to the extent that the Substitute Trustee may bind and obligate Mortgagors to warrant title the Property under the terms of the Deed of Trust conveyance of the Property shall be made without any representations or warranties whatsoever express or implied
I 11111111~ Ill H~ lllll 11111111111111111 4724799
If the Trustee is unable to convey title for any reason the successful bidders sole and exclusive remedy shall be the return of monies paid to the Trustee and the successful bidder shall have no further recourse
If the sale is set aside for any reason the Purchaser at the sale shall be entitled only to a return of the deposit paid The Purchaser shall have no further recourse against the Mortgagor the Mortgagee or the Mortgagees Attorney
ASSERT AND PROTECT YOUR RIGHTS AS A MEMBER OF THE ARMED FORCES OF THE UNITED STATES IF YOU ARE OR YOUR SPOUSE IS SERVING ON ACTIVE MilIT ARY DUTY INCLUDING ACTIVE MILITARY DUTY AS A MEMBER OF THE TEXAS NATIONAL GUARD OR Tllli NATIONAL GUARD OF ANOTHER STATE OR AS A MEMBER OF A RESERVE COMPONENT OF THE ARMED FORCES OF THE UNITED STA TES PLEASE SEND WRITTEN NOTICE OF THE ACTIVE DUTY MILITARY SERVICE TO THE SENDER OF THIS NOTICE IMMEDIATELY
TIIlS INSTRUMENT APPOINTS THE SUBSTITUTE TRUSTEE(S) IDENTIFIED TO SELL THE PROPERTY DESCRIBED IN THE SECURITY INSTRUMENT IDENTIFIED IN THIS NOTICE OF SALE THE PERSON SIGNING Tms NOTICE IS THE ATTORNEY OR AUTHORIZED AGENT OF THE MORTGAGEE OR MORTGAGE SERVICER
WITNESS my hand this 6172020 WITNESS my hand this
~JUC(Z s~~ By Monica Sandoval Trustee Sale Specialist
Team Lead Carrington Foreclosure Services LLC as
authorized agent for Mortgagee or Mortgage Servicer
1500 South Douglass Road Suite 150 Anaheim CA 92806
stitut Trustee(s) Martin Cassie Martin Terri
Martin Alexis Martin Elizabeth Anderson
CO Carrington Foreclosure Services LLC 1500 South Douglass Road Suite 150
Anaheim CA 92806
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE
00023L
Notice of Foreclosure Sale
June 29 2020
Deed of Trust (Deed of Trust) bull Dated April 17 2018 -lt ~
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c_ Granter Mary Ann Talbot C r- m
Trustee Roy Neal Linnartz I j ~~~
Substitute Trustee Peter A James -middot--0 Jc 496 Comal Ave rn New Braunfels Texas 78130 ~ n
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Lender Shepherds Glen Partners LLC --lt
Recorded in Instrument No 201899008183 Guadalupe County Texas
of the real property records of
Legal Description All that certain tract or parcel of land known and designated as Lot 13 Block 1 Shepherds Glen Subdivision according to map or plat thereof recorded in Volume 8 Page 581-582 Map and Plat Records of Guadalupe County Texas (the Shepherds Glen Subdivision Plat)
Secures Promissory Note (Note) in the original principal amount of $4950000 executed by Mary Ann Talbot (Borrower) and payable to the order of Lender
Foreclosure Sale
Date Tuesday August 04 2020
Time The sale of the Property will be held between the hours of 1000 AM and 400 PM local time the earliest time at which the Foreclosure Sale will begin is 1 00 pm and not later than three hours thereafter
Place THE NORTH PORCH OF THE GUADALUPE COUNTY COURTHOUSE OR IN THE AREA DESIGNATED BY THE COMMISSIONERS COURT PURSUANT TO SECTION 51002 OF THE TEXAS PROPERTY CODE
Terms of Sale The Foreclosure Sale will be conducted as a public auction and the Property will be sold to the highest bidder for cash except that Shepherds Glen Partners LLCs bid may be by credit against the indebtedness secured by the lien of the Deed of Trust
Default has occurred in the payment of the Note and in the performance of the obligations of the Deed of Trust Because of that default Shepherds Glen Partners LLC the owner and holder of the Note has requested Trustee to sell the Property
The Deed of Trust may encumber both real and personal property Formal notice is hereby given of Shepherds Glen Partners LLCs election to proceed against and sell both the real property and any personal property described in the Deed of Trust in accordance with Shepherds Glen Partners LLCs rights and remedies under the Deed of Trust and section 9604(a) of the Texas Business and Commerce Code
Therefore notice is given that on and at the Date Time and Place for the Foreclosure Sale described above Trustee will sell the Property in accordance with the Terms of Sale described above the Deed of Trust and applicable Texas law
If Shepherds Glen Partners LLC passes the Foreclosure Sale notice of the date of any rescheduled foreclosure sale will be reposted and refiled in accordance with the posting and filing requirements of the Deed of Trust and the Texas Property Code
The Foreclosure Sale will be made expressly subject to any title matters set forth in the Deed of Trust but prospective bidders are reminded that by law the Foreclosure Sale will necessarily be made subject to all prior matters of record affecting the Property if any to the extent that they remain in force and effect and have not been subordinated to the Deed of Trust For the avoidance of doubt the Foreclosure Sale will not cover any part of the Property that has been released of public record from the lien andor security interest of the Deed of Trust by Shepherds Glen Partners LLC Prospective bidders are strongly urged to examine the applicable property records to determine the nature and extent of such matters if any
Pursuant to section 51009 of the Texas Property Code the Property will be sold AS IS without any expressed or implied warranties except as to the warranties (if any) provided for under the Deed of Trust Prospective bidders are advised to conduct an independent investigation of the nature and physical condition of the Property
Pursuant to section 5 l0075(a) of the Texas Property Code Trustee reserves the right to set further reasonable conditions for conducting the Foreclosure Sale Any such further conditions shall be announced before bidding is opened for the first sale of the day held by Trustee
Assert and protect your rights as a member of the armed forces of the United States If you are or your spouse is serving on active military duty including active military duty as a member of the Texas National Guard or the National Guard of another state or as a member of a reserve component of the armed forces of the United States please send written notice of the active duty military service to the sender of this notice immediately
Peter A James 496 Comal Ave New Braunfels Texas 78130 Telephone (830) 625-9300 Fax (830) 214-2054
ST A TE OF TEXAS )
COUNTY OF COMAL )
Before me the undersigned notary public on this day personally appeared Peter A James known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed
Given under my hand and seal of office on June 29 2020
11111 -1~Gl~ JOYCE KIDDER CULBERTSON ~f=~~Notary Public State of Texas -1 -s_j Comm Expires 07-25middot2023
_t--Of~~~ 11~ Notary ID 132102419
000235 NOTICE OF TRUSTEES SALE
OWNER OF RECORD Justin R Arraiga and Amanda L Struble LIEN HOLDER Cibolo Vistas Homeowners Association AMOUNT OF LIEN $366899 ($135099 homeowner assessments and late
fees $231800 attorneys fees and expenses) Does not include quarterly assessment of $7500 levied on July 1 2020
PROPERTY ADDRESS 116 Tranquil View Cibolo Texas 78108 LEGAL DESCRIPTION Lot 5 Block 1 Cibolo Vistas Subdivision Phase 3B and 2C-
1 Guadalupe County Texas
Notice is hereby given that the above-described Property is encumbered and the Owners are legally indebted to the lien holder in the amount set forth above for due but unpaid owners association assessments late fees legal expenses and filing fees levied and authorized pursuant to the Declaration of Covenants Conditions and Restrictions for Cibolo Vistas Phase-I and Providing for Cibolo Vistas Homeowners Association executed on March 23 2007 recorded in Volume 2457 Page 214 Official Public Records of Real Property of Guadalupe County Texas as amended by the Supplemental Declaration of Covenants Conditions and Restrictions for Cibolo Vistas Phase 3B and 2C-1 and Phase 3C executed on January 18 2013 recorded in Volume 4048 Page 311 Official Public Records of Real Property of Guadalupe County Texas as amended Notice is further given that the amount of the Lien may increase if future assessments are not timely paid and said subsequent indebtedness will be secured by the Lien herein described
Cibolo Vistas Homeowners Association hereby gives notice that the above-described Property will be auctioned for sale at a public sale held at the place designated for public foreclosure auctions by the Commissioners of Guadalupe County Texas The sale shall commence no earlier than 1000 am on August 4 2020 The property will be sold to the highest bidder for cash or some other form of payment acceptable to the Lien Holder
Pursuant to the Texas Property Code the Owners of the Property may have a right not later than the 180th day after the date written notice of the sale is mailed to the Owners to redeem the Property The purchaser at the foreclosure sale may not transfer ownership of the Property to a person other than the redeeming Owner during the redemption period
Executed on July 2 2020
gt- CIBOLO VISTAS HOMEOWNERS D ASSOCIATION a Texas non-profit
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ST A TE OF TEXAS sect sect
COUNTY OF BEXAR sect
Before me the undersigned notary public on this day personally appeared Tom L Nevrton Jr acting on behalf of CIBOLO VISTAS HOMEOWNERS ASSOCIATION known to me or proved to me by presentation to me of a governmentally-issued identification card to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that they executed it for the purposes and consideration expressed in it
Given under my hand and seal of office on July 2 2020
Notary~~~xas AFTER RECORDING RETURN TO Tom L Newton Jr Allen Stein amp Durbin PC P 0 Box 101507 San Antonio Texas 78201
0591800391932659jh
-2-
000236
NOTICE OF SUBSTITUTE TRUSTEES SALE
Assert and protect your rights as a member of the armed forces of the Unites States If you are or your spouse is serving on active military duty including active military duty as a member of the Texas National Guard or the National Guard of another state or as a member of a reserve component of the armed forces of the United States please send written notice of the active duty military service to the sender of this notice immediately
Home Equity Deed of Trust
Date of Security Instrument February 23 2004
Grantor Robert W Heyward and Patricia A Heyward
Original Mortgagee MERS (for The CIT GroupConsumer Finance Inc)
Recording Information Instrument 04077 Vol 1972 Page 953 Official Public Real Property (Deed) Records of Guadalupe County Texas
Current Mortgagee Apex Bank (f7ka Bank of Camden)
Mortgage Servicer Pursuant to any Servicing Agreement between the Mortgage Servicer and Mortgagee the Mortgage Servicer is authorized to represent the Mortgagee Pursuant to any Servicing agreement and Texas Property Code sect 51 0025 the Mortgage Servicer is authorized to collect the debt and to administer any resulting foreclosure of the lien securing the Property referenced above
Date of Sale August 4 2020 Time of Sale 1100 am or not later than three hours after that time Place of Sale THE NORTH PORCH OF THE GUADALUPE COUNTY COURTHOUSE
OR IF THE PRECEDING AREA IS NO LONGER THE DESIGNATED AREA AT THE AREA MOST RECENTLY DESIGNATED BY THE GUADALUPE COUNTY COMMISSIONERS COURT
Legal Description of Property to be sold
LOT 8 ANGELS ACRES GUADALUPE COUNTY TEXAS ACCORDING TO THE MAP OR PLAT THEREOF RE(ORDED IN VOLUME 4 PAGES 152-153 OF THE PLAT-lt REeuroORQS OF =-GUADALUPE COUNTY TEXAS ~ ~ 0
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NOTICE OF SUBSTITUTE TRUSTEES SALE PAGE 1 OF2 APEX-HEYWARD [2019-02489]070620bmw
11111 IH 11111111 lnl 111111111111111111 4725196
Substitute Trustee PRATT AYCOCK LTD 5050 Quorum Dr Suite 625 Dallas Texas 75254 Tele 469-294-4748 bwyseprattaycockcom
~~~ After filing return to
PRATT AYCOCK LTD Attn Bennett M Wyse 5050 Quorum Dr Suite 625 Dallas Texas 75254
NOTICE OF SUBSTITUTE TRUSTEES SALE PAOE20F2 APEX-HEYWARD [2019-02489]070620bmw
l
CAUSE NO 20-0481-CV-A
APEX BANK fka BANK OF CAMDEN
Plaintiff
v
ROBERT W HEYWARD SR PATRICIA A HEYWARD and ROBERT W HEYWARD JR ATTORNEY-IN-FACT FOR PATRICIA A HEYWARD
Defe11da11ts
IN RE 219 ANGEL LANE SEGUIN TEXAS 78155
sect sect sect sect sect sect sect sect sect sect sect sect
sect sect sect sect sect
IN THE DISTRICT COURT FILED
J21 M
JUN 3 0 2020
OF GUADALUPE COUNTY TEXAS
2o 2ST11 JUDICIAL DISTRICT
FINAL DEFAULT JUDGMENT AGAINST DEFENDANTS ROBERT W HEYWARD SR PATRICIA A HEYWARD
AND ROBERT W HEYWARD JR ATTORNEY-IN-FACT FOR PATRICIA A HEYWARD AND ORDER AUTHORIZING NON-JUDICIAL FORECLOSURE
CAME ON this date entered below for consideration Plaintiffs Motion for Entry of Final
Default Judgment against Robert W Heyward Sr Patricia A Hevward and Robert W Heyward
Jr Attorney-in-Fact for Patricia A Heyward and Order Authorizing Non-Judicial Foreclosure in
the above-entitled and numbered cause wherein Apex Bank fka Bank of Camden (hereinafter
Apex Bank) is Plaintiff and Robert W Heyward Sr Patricia A Heyward and Robert W
Heyward Jr Attorney-in-Fact for Patricia A Heyward are the Defendants against whom
judgment shall be rendered
The Plaintiff through its attorney of record has announced ready for trial Defendants
Robert W Heyward Sr Patricia A Heyward and Robert W Heyward Jr Attorney-in-Fact for
Patricia A Heyward although having been duly and legally cited to appear and answer failed to
FINAL DEFAULT JUDGMENT AND ORDER PAGE I OF4 APEX-HEYWARD 3200 (2019-02489]bmw 04i20i20
appear and answer and wholly made default
Plaintiff appeared by and through its attorney of record Citations were served on
Defendants Robert W Heyward Sr Patricia A Heyward and Robert W Heyward Jr Attorneyshy
in-Fact for Patricia A Heyward according to law and returned to the Clerk where they remained
on file for the time required by law
The case was presented to the Court The Court having read the pleadings and the
documents on file has determined that it has jurisdiction over the subject matter and of the parties
to this proceeding and is of the opinion that the allegations of Plaintiff have been admitted against
Defendants Robert W Heyward Sr Patricia A Heyward and Robert W Heyward Jr Attorneyshy
in-Fact for Patricia A Heyward
The Court finds that Defendants Robert W Heyward Sr and Patricia A Heyward
executed a Promissory Note and Allonge (Note) and a Texas Home Equity Deed of Trust
(Lien) (collectively the Loan Agreement) for the benefit of The CIT GroupConsumer
Finance Inc (the Original Lender) on or about February 23 2004 and the Loan Agreement
(Note and Lien) was subsequently assigned to Bank of Camden nka Apex Bank on or about June
5 2012 as shown by Plaintiffs pleadings and the evidence on file with the Court
The Court also finds that the account with Apex Bank (as described in the affidavit of a
representative of Plaintiff Apex Bank on file with the Court) went into default and the default
was not cured and the account has been accelerated
The Court further finds that Plaintiff Apex Bank is entitled to declaratory judgment that
Plaintiff Apex Bank has a valid and subsisting lien against the subject real property and
improvements commonly known as 219 Angel Lane Seguin GUADALUPE County Texas
FINAL DEFAULr JUDGMENT AND ORDER PAGE20F4 APEX-HEYWARDbullbull 3200 2019-02489]bmw042020
78155 (the Property) and more particularly described as follows
LOT 8 ANGELS ACRES GUADALUPE COUNTY TEXAS ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 4 PAGES 152-153 OF THE PLAT RECORDS OF GUADALUPE COUNTY TEXAS
and that Plaintiff Apex Bank is entitled to enforce its lien and is authorized by this Court
Order to foreclose against the Property by a non-judicial foreclosure to be held in accordance with
the terms and conditions of the Lien Documents TEX CONST art V sect 8 and art XVI sect 50(a)(6)
and with TEX PROP CODE sect51002
The Court also finds that all conditions precedent have been performed or have occurred
as required by TEX R Clv P 54 for Plaintiff to enforce its security interest against the Property
IT IS THEREFORE ORDERED ADJUDGED AND DECREED that Plaintiff Apex
Bank has a valid and subsisting lien against the Property and that Plaintiff Apex Bank is hereby
entitled and authorized to enforce its lien against the Property by conducting a non-judicial
foreclosure sale of the Property which shall be held in accordance with the terms and conditions
of the Lien Documents and TEX PROP CODE sect51002 and it is further
ORDERED ADJUDGED AND DECREED that this final judgment and order shall
serve as an Order of Foreclosure of the lien in accordance with TEX CONST ART XVI sect50(a)(6)
and it is further
ORDERED ADJUDGED AND DECREED that the non-judicial foreclosure shall
divest Defendants Robert W Heyward Sr Patricia A Heyward and Robert W Heyward Jr
Attorney-in-Fact for Patricia A Heyward of all of their interests in the Property and that the
purchaser of the Property at the non-judicial sale shall thereby be vested with all right title and
interest to and in the Property and it is further
ORDERED ADJUDGED AND DECREED that no personal liability or deficiency for
FINAL DEFAULT JUDGMENT AND ORDER PAGE30F4 APEX-HEYWARDbullbullbullbull3200 [2019-02489]bmw04200
the debt under the loan agreement shall be asserted against any of the Defendants and it is further
ORDERED ADJUDGED AND DECREED that Plaintiff Apex Bank recover of and
from Defendants all costs in this behalf expended and it is further
ORDERED ADJUDGED AND DECREED that after the non-judicial foreclosure sale
is held if the Property remains occupied after this judgment becomes final then the purchaser of
the Property at the foreclosure sale shall be entitled to the issuance of a writ of possession from
the clerk of this court against any occupant of the Property in accordance with TEX R Civ P 310
without further order ofthis Court and it is finally
ORDERED ADJUDGED AND DECREED that Plaintiff Apex Bank shall be allowed
such other writs and processes that may be necessary in the enforcement of Plaintiffs lien against
the Property and this Final Judgment
SIGNED on this the _n day of- JV- Q_ 2020
L Respectfully submitted
Isl Bennetti1 Wy~
Bennett M Wyse Texas State Bar No 24008315 PRATT AYCOCK LTD
5050 Quorum Dr Suite 625 Dallas Texas 75254 Office Telephone 4692944748 Alt Office Telephone 2144735551 Fax 2145409333 Email bwyseprattaycockcom Website wwwtxtnlawcom
ATTORNEYS FOR PLAINTIFF APEX BANK
FINAL DEFAULT JUDGMENT AND ORDER PAGE40F4 APEX-HEYWARDbull J00 [2019-02-189)bmw042020
GOU238 TRUSTEES NOTICE OF FORECLOSURE SALE
THE STA TE OF TEXAS )( )(
COUNTY OF GUADALUPE )(
WHEREAS by a Deed of Trust (the Deed of Trust) dated effective May 23 2018 Amanda Bean and John P Adair (the Debtor) conveyed certain property situated in Guadalupe County Texas to A Robert Raetzsch Trustee for the benefit of Concrete City Investments LLC (the bull~oteholder) to secure the indebtedness evidenced by that certain note (the Note) in the original principal amount of $8334000 which was executed by the Debtor to the Noteholder and to secure any and all other indebtedness described in the Deed of Trust
WHEREAS the Deed of Trust encumbers certain real property (the Property) located in Guadalupe County Texas described as follows
Lot 9 JACKSON EST ATES SUBDIVISION a subdivision in Guadalupe County Texas according to plat recorded in Volume 8 Page 530 Map and Plat Records Guadalupe County Texas
WHEREAS the Deed of Trust was recorded in the Official Public Records of Guadalupe County Texas under Document Number 201899011668
WHEREAS default has occurred under the terms and provisions of the Deed of Trust and the Note is now wholly due and the owner and holder of the Note has requested the undersigned as Trustee to enforce the power of sale of the Deed of Trust by selling the Property
NOW THEREFORE the undersigned as Trustee herein described hereby gives notice that Trustee will accordingly sell the Property at public auction to the highest bidder for cash AS IS at the courthouse of Guadalupe County Texas in the area designated by the commissioners court of said county for foreclosure sales of real property as evidenced by a written instrument filed in the real property records of said county being the North porch of the Guadalupe County Courthouse 101 E Court Street Seguin Guadalupe County Texas (the earliest time at which the foreclosure will be held is 1 00 oclock pm) between the hours of I 00 oclock pm and 400 oclock pm on August 4 2020 after due posting and filing of this notice and after written notice of such sale having been given by certified mail to the Debtor and any other Debtor who according to the records of the Noteholder is obligated to pay the indebtedness described above This sale will be conducted subject to the right of rescission contained in Section 51016 of the Texas Property Code
PROVIDED HOWEVER the Property is being sold subject to all matters that are prior or superior to the Deed of Trust
Assert and protect your rights if you are a member of the armed forces of the United States If you are or your spouse is serving on active military duty including active military duty as a member of the Texas National Guard or the National Guard of another state or as a member of a reserve component of the armed forces of the United States please send written notice of the active duty military service to the sender of this notice immediately
DATED this 9th day of July 2020 = cgt fJ c r
A Robert Raetzsch Trustee 202 N Camp Street Seguin Texas 78155
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Carrington Foreclosure Services LLC PO Box 3309 000223 Anaheim California 92803 For Sale Information (888) 313-1969 For Reinstatement Requests 1-866-874-5860
RE Pay Off Requests 1-800-561-4567 TS 20-24333 2020 JUN I 8 AH 11 I 0
1 liltSt KIEL CIIUNfY CL[rl GUADALUPE CGIUNTY
NOTICE OF SUBSTITUTE TRUSTEES SALE MY ampii
0 WHEREAS on 10212004 LOUIS TIJTTLE AND KRISTY TU1TLE as GrantorBorrower executed and delivered that certain Deed of Trust in favor of CTC REAL ESTA TE SERVICES as Trustee MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC SOLELY AS NOMINEE FOR FULL SPECTRUM LENDING INC as Beneficiary which deed of trust secures the payment of that certain promissory note of even date therewith in the original amount of $11520000 payable to the order of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC SOLELY AS NOMINEE FOR FULL SPECTRUM LENDING INC which Deed of Trust is Recorded on 1152004 as Volume 22963 Book 2082 Page 483 Loan Mod Rerecorded on 11192013 as Vol 4165 PG 0745 in Guadalupe County Texas Deed of Trust covers all of the real property personal property and fixtures described therein including but not limited to all the following described property rights and interests (the Property) to-wit
LOT SEVEN (7) BLOCK ONE (1) VOSS FARMS SUBDMSION UNIT 1 SITUATED IN GUADALUPE COUNTY TEXAS ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 6 PAGE 558 MAP AND PLAT RECORDS OF GUADALUPE COUNTY TEXAS
Commonly known as 1630 ELIZABETH CT NEW BRAUNFELS TX 78130
WHEREAS the Trustee named in the Deed of Trust having been removed the legal holder of the indebtedness described in the Deed of Trust appointed Troy Martin Deborah Martin Cassie Martin Terri Martin Alexis Martin Elizabeth Anderson or either of them as Substitute Trustee ( each being referred to as the Substitute Trustee) upon the contingency and in the manner authorized by the Deed of Trust and
WHEREAS defaults have occurred in the covenants of the Deed of Trust monetary or otherwise and the indebtedness secured by and described in the Deed of Trust is now wholly due and Carrington Mortgage Services LLC whose address is 1600 Douglass Road Suite 200 A Anaheim CA 92806 is acting as the mortgage servicer for THE BANK OF NEW YORK MELLON FK A The Bank of New York as trustee for registered Holders of CW ABS Inc Asset-Backed Certificates Series 2004-12 which is the mortgagee of the Note and Deed of Trust or mortgage and the legal holder of such indebtedness and the liens securing same has requested either one of the Substitute Trustees to sell the Property in accordance with applicable law and the terms and provisions of the Deed of Trust Carrington Mortgage Services LLC is authorized to represent the mortgagee by virtue of a written servicing agreement with the mortgagee Pursuant to that agreement and Texas Property Code Section 510025 Carrington Mortgage Services LLC is authorized to administer the foreclosure referenced herein
NOW THEREFORE NOTICE IS HEREBY GIVEN that on 842020 at 1100 AM or no later than three (3) hours after such time in Guadalupe County Texas the Substitute Trustee will sell the Property at public venue to the highest bidder for cash The sale will take place at the area designated by the Commissioners Court for sales of real property under a power of sale conferred by a deed of trust or other contract lien as follows The North porch of the Guadalupe County Courthouse
NOTICE IS FURTHER GIVEN that except to the extent that the Substitute Trustee may bind and obligate Mortgagors to warrant title the Property under the terms of the Deed of Trust conveyance of the Property shall be made without any representations or warranties whatsoever express or implied
I 11111111~ Ill H~ lllll 11111111111111111 4724799
If the Trustee is unable to convey title for any reason the successful bidders sole and exclusive remedy shall be the return of monies paid to the Trustee and the successful bidder shall have no further recourse
If the sale is set aside for any reason the Purchaser at the sale shall be entitled only to a return of the deposit paid The Purchaser shall have no further recourse against the Mortgagor the Mortgagee or the Mortgagees Attorney
ASSERT AND PROTECT YOUR RIGHTS AS A MEMBER OF THE ARMED FORCES OF THE UNITED STATES IF YOU ARE OR YOUR SPOUSE IS SERVING ON ACTIVE MilIT ARY DUTY INCLUDING ACTIVE MILITARY DUTY AS A MEMBER OF THE TEXAS NATIONAL GUARD OR Tllli NATIONAL GUARD OF ANOTHER STATE OR AS A MEMBER OF A RESERVE COMPONENT OF THE ARMED FORCES OF THE UNITED STA TES PLEASE SEND WRITTEN NOTICE OF THE ACTIVE DUTY MILITARY SERVICE TO THE SENDER OF THIS NOTICE IMMEDIATELY
TIIlS INSTRUMENT APPOINTS THE SUBSTITUTE TRUSTEE(S) IDENTIFIED TO SELL THE PROPERTY DESCRIBED IN THE SECURITY INSTRUMENT IDENTIFIED IN THIS NOTICE OF SALE THE PERSON SIGNING Tms NOTICE IS THE ATTORNEY OR AUTHORIZED AGENT OF THE MORTGAGEE OR MORTGAGE SERVICER
WITNESS my hand this 6172020 WITNESS my hand this
~JUC(Z s~~ By Monica Sandoval Trustee Sale Specialist
Team Lead Carrington Foreclosure Services LLC as
authorized agent for Mortgagee or Mortgage Servicer
1500 South Douglass Road Suite 150 Anaheim CA 92806
stitut Trustee(s) Martin Cassie Martin Terri
Martin Alexis Martin Elizabeth Anderson
CO Carrington Foreclosure Services LLC 1500 South Douglass Road Suite 150
Anaheim CA 92806
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE
00023L
Notice of Foreclosure Sale
June 29 2020
Deed of Trust (Deed of Trust) bull Dated April 17 2018 -lt ~
c 0
c_ Granter Mary Ann Talbot C r- m
Trustee Roy Neal Linnartz I j ~~~
Substitute Trustee Peter A James -middot--0 Jc 496 Comal Ave rn New Braunfels Texas 78130 ~ n
GI - 0 C z CX)
Lender Shepherds Glen Partners LLC --lt
Recorded in Instrument No 201899008183 Guadalupe County Texas
of the real property records of
Legal Description All that certain tract or parcel of land known and designated as Lot 13 Block 1 Shepherds Glen Subdivision according to map or plat thereof recorded in Volume 8 Page 581-582 Map and Plat Records of Guadalupe County Texas (the Shepherds Glen Subdivision Plat)
Secures Promissory Note (Note) in the original principal amount of $4950000 executed by Mary Ann Talbot (Borrower) and payable to the order of Lender
Foreclosure Sale
Date Tuesday August 04 2020
Time The sale of the Property will be held between the hours of 1000 AM and 400 PM local time the earliest time at which the Foreclosure Sale will begin is 1 00 pm and not later than three hours thereafter
Place THE NORTH PORCH OF THE GUADALUPE COUNTY COURTHOUSE OR IN THE AREA DESIGNATED BY THE COMMISSIONERS COURT PURSUANT TO SECTION 51002 OF THE TEXAS PROPERTY CODE
Terms of Sale The Foreclosure Sale will be conducted as a public auction and the Property will be sold to the highest bidder for cash except that Shepherds Glen Partners LLCs bid may be by credit against the indebtedness secured by the lien of the Deed of Trust
Default has occurred in the payment of the Note and in the performance of the obligations of the Deed of Trust Because of that default Shepherds Glen Partners LLC the owner and holder of the Note has requested Trustee to sell the Property
The Deed of Trust may encumber both real and personal property Formal notice is hereby given of Shepherds Glen Partners LLCs election to proceed against and sell both the real property and any personal property described in the Deed of Trust in accordance with Shepherds Glen Partners LLCs rights and remedies under the Deed of Trust and section 9604(a) of the Texas Business and Commerce Code
Therefore notice is given that on and at the Date Time and Place for the Foreclosure Sale described above Trustee will sell the Property in accordance with the Terms of Sale described above the Deed of Trust and applicable Texas law
If Shepherds Glen Partners LLC passes the Foreclosure Sale notice of the date of any rescheduled foreclosure sale will be reposted and refiled in accordance with the posting and filing requirements of the Deed of Trust and the Texas Property Code
The Foreclosure Sale will be made expressly subject to any title matters set forth in the Deed of Trust but prospective bidders are reminded that by law the Foreclosure Sale will necessarily be made subject to all prior matters of record affecting the Property if any to the extent that they remain in force and effect and have not been subordinated to the Deed of Trust For the avoidance of doubt the Foreclosure Sale will not cover any part of the Property that has been released of public record from the lien andor security interest of the Deed of Trust by Shepherds Glen Partners LLC Prospective bidders are strongly urged to examine the applicable property records to determine the nature and extent of such matters if any
Pursuant to section 51009 of the Texas Property Code the Property will be sold AS IS without any expressed or implied warranties except as to the warranties (if any) provided for under the Deed of Trust Prospective bidders are advised to conduct an independent investigation of the nature and physical condition of the Property
Pursuant to section 5 l0075(a) of the Texas Property Code Trustee reserves the right to set further reasonable conditions for conducting the Foreclosure Sale Any such further conditions shall be announced before bidding is opened for the first sale of the day held by Trustee
Assert and protect your rights as a member of the armed forces of the United States If you are or your spouse is serving on active military duty including active military duty as a member of the Texas National Guard or the National Guard of another state or as a member of a reserve component of the armed forces of the United States please send written notice of the active duty military service to the sender of this notice immediately
Peter A James 496 Comal Ave New Braunfels Texas 78130 Telephone (830) 625-9300 Fax (830) 214-2054
ST A TE OF TEXAS )
COUNTY OF COMAL )
Before me the undersigned notary public on this day personally appeared Peter A James known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed
Given under my hand and seal of office on June 29 2020
11111 -1~Gl~ JOYCE KIDDER CULBERTSON ~f=~~Notary Public State of Texas -1 -s_j Comm Expires 07-25middot2023
_t--Of~~~ 11~ Notary ID 132102419
000235 NOTICE OF TRUSTEES SALE
OWNER OF RECORD Justin R Arraiga and Amanda L Struble LIEN HOLDER Cibolo Vistas Homeowners Association AMOUNT OF LIEN $366899 ($135099 homeowner assessments and late
fees $231800 attorneys fees and expenses) Does not include quarterly assessment of $7500 levied on July 1 2020
PROPERTY ADDRESS 116 Tranquil View Cibolo Texas 78108 LEGAL DESCRIPTION Lot 5 Block 1 Cibolo Vistas Subdivision Phase 3B and 2C-
1 Guadalupe County Texas
Notice is hereby given that the above-described Property is encumbered and the Owners are legally indebted to the lien holder in the amount set forth above for due but unpaid owners association assessments late fees legal expenses and filing fees levied and authorized pursuant to the Declaration of Covenants Conditions and Restrictions for Cibolo Vistas Phase-I and Providing for Cibolo Vistas Homeowners Association executed on March 23 2007 recorded in Volume 2457 Page 214 Official Public Records of Real Property of Guadalupe County Texas as amended by the Supplemental Declaration of Covenants Conditions and Restrictions for Cibolo Vistas Phase 3B and 2C-1 and Phase 3C executed on January 18 2013 recorded in Volume 4048 Page 311 Official Public Records of Real Property of Guadalupe County Texas as amended Notice is further given that the amount of the Lien may increase if future assessments are not timely paid and said subsequent indebtedness will be secured by the Lien herein described
Cibolo Vistas Homeowners Association hereby gives notice that the above-described Property will be auctioned for sale at a public sale held at the place designated for public foreclosure auctions by the Commissioners of Guadalupe County Texas The sale shall commence no earlier than 1000 am on August 4 2020 The property will be sold to the highest bidder for cash or some other form of payment acceptable to the Lien Holder
Pursuant to the Texas Property Code the Owners of the Property may have a right not later than the 180th day after the date written notice of the sale is mailed to the Owners to redeem the Property The purchaser at the foreclosure sale may not transfer ownership of the Property to a person other than the redeeming Owner during the redemption period
Executed on July 2 2020
gt- CIBOLO VISTAS HOMEOWNERS D ASSOCIATION a Texas non-profit
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ST A TE OF TEXAS sect sect
COUNTY OF BEXAR sect
Before me the undersigned notary public on this day personally appeared Tom L Nevrton Jr acting on behalf of CIBOLO VISTAS HOMEOWNERS ASSOCIATION known to me or proved to me by presentation to me of a governmentally-issued identification card to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that they executed it for the purposes and consideration expressed in it
Given under my hand and seal of office on July 2 2020
Notary~~~xas AFTER RECORDING RETURN TO Tom L Newton Jr Allen Stein amp Durbin PC P 0 Box 101507 San Antonio Texas 78201
0591800391932659jh
-2-
000236
NOTICE OF SUBSTITUTE TRUSTEES SALE
Assert and protect your rights as a member of the armed forces of the Unites States If you are or your spouse is serving on active military duty including active military duty as a member of the Texas National Guard or the National Guard of another state or as a member of a reserve component of the armed forces of the United States please send written notice of the active duty military service to the sender of this notice immediately
Home Equity Deed of Trust
Date of Security Instrument February 23 2004
Grantor Robert W Heyward and Patricia A Heyward
Original Mortgagee MERS (for The CIT GroupConsumer Finance Inc)
Recording Information Instrument 04077 Vol 1972 Page 953 Official Public Real Property (Deed) Records of Guadalupe County Texas
Current Mortgagee Apex Bank (f7ka Bank of Camden)
Mortgage Servicer Pursuant to any Servicing Agreement between the Mortgage Servicer and Mortgagee the Mortgage Servicer is authorized to represent the Mortgagee Pursuant to any Servicing agreement and Texas Property Code sect 51 0025 the Mortgage Servicer is authorized to collect the debt and to administer any resulting foreclosure of the lien securing the Property referenced above
Date of Sale August 4 2020 Time of Sale 1100 am or not later than three hours after that time Place of Sale THE NORTH PORCH OF THE GUADALUPE COUNTY COURTHOUSE
OR IF THE PRECEDING AREA IS NO LONGER THE DESIGNATED AREA AT THE AREA MOST RECENTLY DESIGNATED BY THE GUADALUPE COUNTY COMMISSIONERS COURT
Legal Description of Property to be sold
LOT 8 ANGELS ACRES GUADALUPE COUNTY TEXAS ACCORDING TO THE MAP OR PLAT THEREOF RE(ORDED IN VOLUME 4 PAGES 152-153 OF THE PLAT-lt REeuroORQS OF =-GUADALUPE COUNTY TEXAS ~ ~ 0
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Terms of sale Cash i
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NOTICE OF SUBSTITUTE TRUSTEES SALE PAGE 1 OF2 APEX-HEYWARD [2019-02489]070620bmw
11111 IH 11111111 lnl 111111111111111111 4725196
Substitute Trustee PRATT AYCOCK LTD 5050 Quorum Dr Suite 625 Dallas Texas 75254 Tele 469-294-4748 bwyseprattaycockcom
~~~ After filing return to
PRATT AYCOCK LTD Attn Bennett M Wyse 5050 Quorum Dr Suite 625 Dallas Texas 75254
NOTICE OF SUBSTITUTE TRUSTEES SALE PAOE20F2 APEX-HEYWARD [2019-02489]070620bmw
l
CAUSE NO 20-0481-CV-A
APEX BANK fka BANK OF CAMDEN
Plaintiff
v
ROBERT W HEYWARD SR PATRICIA A HEYWARD and ROBERT W HEYWARD JR ATTORNEY-IN-FACT FOR PATRICIA A HEYWARD
Defe11da11ts
IN RE 219 ANGEL LANE SEGUIN TEXAS 78155
sect sect sect sect sect sect sect sect sect sect sect sect
sect sect sect sect sect
IN THE DISTRICT COURT FILED
J21 M
JUN 3 0 2020
OF GUADALUPE COUNTY TEXAS
2o 2ST11 JUDICIAL DISTRICT
FINAL DEFAULT JUDGMENT AGAINST DEFENDANTS ROBERT W HEYWARD SR PATRICIA A HEYWARD
AND ROBERT W HEYWARD JR ATTORNEY-IN-FACT FOR PATRICIA A HEYWARD AND ORDER AUTHORIZING NON-JUDICIAL FORECLOSURE
CAME ON this date entered below for consideration Plaintiffs Motion for Entry of Final
Default Judgment against Robert W Heyward Sr Patricia A Hevward and Robert W Heyward
Jr Attorney-in-Fact for Patricia A Heyward and Order Authorizing Non-Judicial Foreclosure in
the above-entitled and numbered cause wherein Apex Bank fka Bank of Camden (hereinafter
Apex Bank) is Plaintiff and Robert W Heyward Sr Patricia A Heyward and Robert W
Heyward Jr Attorney-in-Fact for Patricia A Heyward are the Defendants against whom
judgment shall be rendered
The Plaintiff through its attorney of record has announced ready for trial Defendants
Robert W Heyward Sr Patricia A Heyward and Robert W Heyward Jr Attorney-in-Fact for
Patricia A Heyward although having been duly and legally cited to appear and answer failed to
FINAL DEFAULT JUDGMENT AND ORDER PAGE I OF4 APEX-HEYWARD 3200 (2019-02489]bmw 04i20i20
appear and answer and wholly made default
Plaintiff appeared by and through its attorney of record Citations were served on
Defendants Robert W Heyward Sr Patricia A Heyward and Robert W Heyward Jr Attorneyshy
in-Fact for Patricia A Heyward according to law and returned to the Clerk where they remained
on file for the time required by law
The case was presented to the Court The Court having read the pleadings and the
documents on file has determined that it has jurisdiction over the subject matter and of the parties
to this proceeding and is of the opinion that the allegations of Plaintiff have been admitted against
Defendants Robert W Heyward Sr Patricia A Heyward and Robert W Heyward Jr Attorneyshy
in-Fact for Patricia A Heyward
The Court finds that Defendants Robert W Heyward Sr and Patricia A Heyward
executed a Promissory Note and Allonge (Note) and a Texas Home Equity Deed of Trust
(Lien) (collectively the Loan Agreement) for the benefit of The CIT GroupConsumer
Finance Inc (the Original Lender) on or about February 23 2004 and the Loan Agreement
(Note and Lien) was subsequently assigned to Bank of Camden nka Apex Bank on or about June
5 2012 as shown by Plaintiffs pleadings and the evidence on file with the Court
The Court also finds that the account with Apex Bank (as described in the affidavit of a
representative of Plaintiff Apex Bank on file with the Court) went into default and the default
was not cured and the account has been accelerated
The Court further finds that Plaintiff Apex Bank is entitled to declaratory judgment that
Plaintiff Apex Bank has a valid and subsisting lien against the subject real property and
improvements commonly known as 219 Angel Lane Seguin GUADALUPE County Texas
FINAL DEFAULr JUDGMENT AND ORDER PAGE20F4 APEX-HEYWARDbullbull 3200 2019-02489]bmw042020
78155 (the Property) and more particularly described as follows
LOT 8 ANGELS ACRES GUADALUPE COUNTY TEXAS ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 4 PAGES 152-153 OF THE PLAT RECORDS OF GUADALUPE COUNTY TEXAS
and that Plaintiff Apex Bank is entitled to enforce its lien and is authorized by this Court
Order to foreclose against the Property by a non-judicial foreclosure to be held in accordance with
the terms and conditions of the Lien Documents TEX CONST art V sect 8 and art XVI sect 50(a)(6)
and with TEX PROP CODE sect51002
The Court also finds that all conditions precedent have been performed or have occurred
as required by TEX R Clv P 54 for Plaintiff to enforce its security interest against the Property
IT IS THEREFORE ORDERED ADJUDGED AND DECREED that Plaintiff Apex
Bank has a valid and subsisting lien against the Property and that Plaintiff Apex Bank is hereby
entitled and authorized to enforce its lien against the Property by conducting a non-judicial
foreclosure sale of the Property which shall be held in accordance with the terms and conditions
of the Lien Documents and TEX PROP CODE sect51002 and it is further
ORDERED ADJUDGED AND DECREED that this final judgment and order shall
serve as an Order of Foreclosure of the lien in accordance with TEX CONST ART XVI sect50(a)(6)
and it is further
ORDERED ADJUDGED AND DECREED that the non-judicial foreclosure shall
divest Defendants Robert W Heyward Sr Patricia A Heyward and Robert W Heyward Jr
Attorney-in-Fact for Patricia A Heyward of all of their interests in the Property and that the
purchaser of the Property at the non-judicial sale shall thereby be vested with all right title and
interest to and in the Property and it is further
ORDERED ADJUDGED AND DECREED that no personal liability or deficiency for
FINAL DEFAULT JUDGMENT AND ORDER PAGE30F4 APEX-HEYWARDbullbullbullbull3200 [2019-02489]bmw04200
the debt under the loan agreement shall be asserted against any of the Defendants and it is further
ORDERED ADJUDGED AND DECREED that Plaintiff Apex Bank recover of and
from Defendants all costs in this behalf expended and it is further
ORDERED ADJUDGED AND DECREED that after the non-judicial foreclosure sale
is held if the Property remains occupied after this judgment becomes final then the purchaser of
the Property at the foreclosure sale shall be entitled to the issuance of a writ of possession from
the clerk of this court against any occupant of the Property in accordance with TEX R Civ P 310
without further order ofthis Court and it is finally
ORDERED ADJUDGED AND DECREED that Plaintiff Apex Bank shall be allowed
such other writs and processes that may be necessary in the enforcement of Plaintiffs lien against
the Property and this Final Judgment
SIGNED on this the _n day of- JV- Q_ 2020
L Respectfully submitted
Isl Bennetti1 Wy~
Bennett M Wyse Texas State Bar No 24008315 PRATT AYCOCK LTD
5050 Quorum Dr Suite 625 Dallas Texas 75254 Office Telephone 4692944748 Alt Office Telephone 2144735551 Fax 2145409333 Email bwyseprattaycockcom Website wwwtxtnlawcom
ATTORNEYS FOR PLAINTIFF APEX BANK
FINAL DEFAULT JUDGMENT AND ORDER PAGE40F4 APEX-HEYWARDbull J00 [2019-02-189)bmw042020
GOU238 TRUSTEES NOTICE OF FORECLOSURE SALE
THE STA TE OF TEXAS )( )(
COUNTY OF GUADALUPE )(
WHEREAS by a Deed of Trust (the Deed of Trust) dated effective May 23 2018 Amanda Bean and John P Adair (the Debtor) conveyed certain property situated in Guadalupe County Texas to A Robert Raetzsch Trustee for the benefit of Concrete City Investments LLC (the bull~oteholder) to secure the indebtedness evidenced by that certain note (the Note) in the original principal amount of $8334000 which was executed by the Debtor to the Noteholder and to secure any and all other indebtedness described in the Deed of Trust
WHEREAS the Deed of Trust encumbers certain real property (the Property) located in Guadalupe County Texas described as follows
Lot 9 JACKSON EST ATES SUBDIVISION a subdivision in Guadalupe County Texas according to plat recorded in Volume 8 Page 530 Map and Plat Records Guadalupe County Texas
WHEREAS the Deed of Trust was recorded in the Official Public Records of Guadalupe County Texas under Document Number 201899011668
WHEREAS default has occurred under the terms and provisions of the Deed of Trust and the Note is now wholly due and the owner and holder of the Note has requested the undersigned as Trustee to enforce the power of sale of the Deed of Trust by selling the Property
NOW THEREFORE the undersigned as Trustee herein described hereby gives notice that Trustee will accordingly sell the Property at public auction to the highest bidder for cash AS IS at the courthouse of Guadalupe County Texas in the area designated by the commissioners court of said county for foreclosure sales of real property as evidenced by a written instrument filed in the real property records of said county being the North porch of the Guadalupe County Courthouse 101 E Court Street Seguin Guadalupe County Texas (the earliest time at which the foreclosure will be held is 1 00 oclock pm) between the hours of I 00 oclock pm and 400 oclock pm on August 4 2020 after due posting and filing of this notice and after written notice of such sale having been given by certified mail to the Debtor and any other Debtor who according to the records of the Noteholder is obligated to pay the indebtedness described above This sale will be conducted subject to the right of rescission contained in Section 51016 of the Texas Property Code
PROVIDED HOWEVER the Property is being sold subject to all matters that are prior or superior to the Deed of Trust
Assert and protect your rights if you are a member of the armed forces of the United States If you are or your spouse is serving on active military duty including active military duty as a member of the Texas National Guard or the National Guard of another state or as a member of a reserve component of the armed forces of the United States please send written notice of the active duty military service to the sender of this notice immediately
DATED this 9th day of July 2020 = cgt fJ c r
A Robert Raetzsch Trustee 202 N Camp Street Seguin Texas 78155
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If the Trustee is unable to convey title for any reason the successful bidders sole and exclusive remedy shall be the return of monies paid to the Trustee and the successful bidder shall have no further recourse
If the sale is set aside for any reason the Purchaser at the sale shall be entitled only to a return of the deposit paid The Purchaser shall have no further recourse against the Mortgagor the Mortgagee or the Mortgagees Attorney
ASSERT AND PROTECT YOUR RIGHTS AS A MEMBER OF THE ARMED FORCES OF THE UNITED STATES IF YOU ARE OR YOUR SPOUSE IS SERVING ON ACTIVE MilIT ARY DUTY INCLUDING ACTIVE MILITARY DUTY AS A MEMBER OF THE TEXAS NATIONAL GUARD OR Tllli NATIONAL GUARD OF ANOTHER STATE OR AS A MEMBER OF A RESERVE COMPONENT OF THE ARMED FORCES OF THE UNITED STA TES PLEASE SEND WRITTEN NOTICE OF THE ACTIVE DUTY MILITARY SERVICE TO THE SENDER OF THIS NOTICE IMMEDIATELY
TIIlS INSTRUMENT APPOINTS THE SUBSTITUTE TRUSTEE(S) IDENTIFIED TO SELL THE PROPERTY DESCRIBED IN THE SECURITY INSTRUMENT IDENTIFIED IN THIS NOTICE OF SALE THE PERSON SIGNING Tms NOTICE IS THE ATTORNEY OR AUTHORIZED AGENT OF THE MORTGAGEE OR MORTGAGE SERVICER
WITNESS my hand this 6172020 WITNESS my hand this
~JUC(Z s~~ By Monica Sandoval Trustee Sale Specialist
Team Lead Carrington Foreclosure Services LLC as
authorized agent for Mortgagee or Mortgage Servicer
1500 South Douglass Road Suite 150 Anaheim CA 92806
stitut Trustee(s) Martin Cassie Martin Terri
Martin Alexis Martin Elizabeth Anderson
CO Carrington Foreclosure Services LLC 1500 South Douglass Road Suite 150
Anaheim CA 92806
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE
00023L
Notice of Foreclosure Sale
June 29 2020
Deed of Trust (Deed of Trust) bull Dated April 17 2018 -lt ~
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c_ Granter Mary Ann Talbot C r- m
Trustee Roy Neal Linnartz I j ~~~
Substitute Trustee Peter A James -middot--0 Jc 496 Comal Ave rn New Braunfels Texas 78130 ~ n
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Lender Shepherds Glen Partners LLC --lt
Recorded in Instrument No 201899008183 Guadalupe County Texas
of the real property records of
Legal Description All that certain tract or parcel of land known and designated as Lot 13 Block 1 Shepherds Glen Subdivision according to map or plat thereof recorded in Volume 8 Page 581-582 Map and Plat Records of Guadalupe County Texas (the Shepherds Glen Subdivision Plat)
Secures Promissory Note (Note) in the original principal amount of $4950000 executed by Mary Ann Talbot (Borrower) and payable to the order of Lender
Foreclosure Sale
Date Tuesday August 04 2020
Time The sale of the Property will be held between the hours of 1000 AM and 400 PM local time the earliest time at which the Foreclosure Sale will begin is 1 00 pm and not later than three hours thereafter
Place THE NORTH PORCH OF THE GUADALUPE COUNTY COURTHOUSE OR IN THE AREA DESIGNATED BY THE COMMISSIONERS COURT PURSUANT TO SECTION 51002 OF THE TEXAS PROPERTY CODE
Terms of Sale The Foreclosure Sale will be conducted as a public auction and the Property will be sold to the highest bidder for cash except that Shepherds Glen Partners LLCs bid may be by credit against the indebtedness secured by the lien of the Deed of Trust
Default has occurred in the payment of the Note and in the performance of the obligations of the Deed of Trust Because of that default Shepherds Glen Partners LLC the owner and holder of the Note has requested Trustee to sell the Property
The Deed of Trust may encumber both real and personal property Formal notice is hereby given of Shepherds Glen Partners LLCs election to proceed against and sell both the real property and any personal property described in the Deed of Trust in accordance with Shepherds Glen Partners LLCs rights and remedies under the Deed of Trust and section 9604(a) of the Texas Business and Commerce Code
Therefore notice is given that on and at the Date Time and Place for the Foreclosure Sale described above Trustee will sell the Property in accordance with the Terms of Sale described above the Deed of Trust and applicable Texas law
If Shepherds Glen Partners LLC passes the Foreclosure Sale notice of the date of any rescheduled foreclosure sale will be reposted and refiled in accordance with the posting and filing requirements of the Deed of Trust and the Texas Property Code
The Foreclosure Sale will be made expressly subject to any title matters set forth in the Deed of Trust but prospective bidders are reminded that by law the Foreclosure Sale will necessarily be made subject to all prior matters of record affecting the Property if any to the extent that they remain in force and effect and have not been subordinated to the Deed of Trust For the avoidance of doubt the Foreclosure Sale will not cover any part of the Property that has been released of public record from the lien andor security interest of the Deed of Trust by Shepherds Glen Partners LLC Prospective bidders are strongly urged to examine the applicable property records to determine the nature and extent of such matters if any
Pursuant to section 51009 of the Texas Property Code the Property will be sold AS IS without any expressed or implied warranties except as to the warranties (if any) provided for under the Deed of Trust Prospective bidders are advised to conduct an independent investigation of the nature and physical condition of the Property
Pursuant to section 5 l0075(a) of the Texas Property Code Trustee reserves the right to set further reasonable conditions for conducting the Foreclosure Sale Any such further conditions shall be announced before bidding is opened for the first sale of the day held by Trustee
Assert and protect your rights as a member of the armed forces of the United States If you are or your spouse is serving on active military duty including active military duty as a member of the Texas National Guard or the National Guard of another state or as a member of a reserve component of the armed forces of the United States please send written notice of the active duty military service to the sender of this notice immediately
Peter A James 496 Comal Ave New Braunfels Texas 78130 Telephone (830) 625-9300 Fax (830) 214-2054
ST A TE OF TEXAS )
COUNTY OF COMAL )
Before me the undersigned notary public on this day personally appeared Peter A James known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed
Given under my hand and seal of office on June 29 2020
11111 -1~Gl~ JOYCE KIDDER CULBERTSON ~f=~~Notary Public State of Texas -1 -s_j Comm Expires 07-25middot2023
_t--Of~~~ 11~ Notary ID 132102419
000235 NOTICE OF TRUSTEES SALE
OWNER OF RECORD Justin R Arraiga and Amanda L Struble LIEN HOLDER Cibolo Vistas Homeowners Association AMOUNT OF LIEN $366899 ($135099 homeowner assessments and late
fees $231800 attorneys fees and expenses) Does not include quarterly assessment of $7500 levied on July 1 2020
PROPERTY ADDRESS 116 Tranquil View Cibolo Texas 78108 LEGAL DESCRIPTION Lot 5 Block 1 Cibolo Vistas Subdivision Phase 3B and 2C-
1 Guadalupe County Texas
Notice is hereby given that the above-described Property is encumbered and the Owners are legally indebted to the lien holder in the amount set forth above for due but unpaid owners association assessments late fees legal expenses and filing fees levied and authorized pursuant to the Declaration of Covenants Conditions and Restrictions for Cibolo Vistas Phase-I and Providing for Cibolo Vistas Homeowners Association executed on March 23 2007 recorded in Volume 2457 Page 214 Official Public Records of Real Property of Guadalupe County Texas as amended by the Supplemental Declaration of Covenants Conditions and Restrictions for Cibolo Vistas Phase 3B and 2C-1 and Phase 3C executed on January 18 2013 recorded in Volume 4048 Page 311 Official Public Records of Real Property of Guadalupe County Texas as amended Notice is further given that the amount of the Lien may increase if future assessments are not timely paid and said subsequent indebtedness will be secured by the Lien herein described
Cibolo Vistas Homeowners Association hereby gives notice that the above-described Property will be auctioned for sale at a public sale held at the place designated for public foreclosure auctions by the Commissioners of Guadalupe County Texas The sale shall commence no earlier than 1000 am on August 4 2020 The property will be sold to the highest bidder for cash or some other form of payment acceptable to the Lien Holder
Pursuant to the Texas Property Code the Owners of the Property may have a right not later than the 180th day after the date written notice of the sale is mailed to the Owners to redeem the Property The purchaser at the foreclosure sale may not transfer ownership of the Property to a person other than the redeeming Owner during the redemption period
Executed on July 2 2020
gt- CIBOLO VISTAS HOMEOWNERS D ASSOCIATION a Texas non-profit
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ST A TE OF TEXAS sect sect
COUNTY OF BEXAR sect
Before me the undersigned notary public on this day personally appeared Tom L Nevrton Jr acting on behalf of CIBOLO VISTAS HOMEOWNERS ASSOCIATION known to me or proved to me by presentation to me of a governmentally-issued identification card to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that they executed it for the purposes and consideration expressed in it
Given under my hand and seal of office on July 2 2020
Notary~~~xas AFTER RECORDING RETURN TO Tom L Newton Jr Allen Stein amp Durbin PC P 0 Box 101507 San Antonio Texas 78201
0591800391932659jh
-2-
000236
NOTICE OF SUBSTITUTE TRUSTEES SALE
Assert and protect your rights as a member of the armed forces of the Unites States If you are or your spouse is serving on active military duty including active military duty as a member of the Texas National Guard or the National Guard of another state or as a member of a reserve component of the armed forces of the United States please send written notice of the active duty military service to the sender of this notice immediately
Home Equity Deed of Trust
Date of Security Instrument February 23 2004
Grantor Robert W Heyward and Patricia A Heyward
Original Mortgagee MERS (for The CIT GroupConsumer Finance Inc)
Recording Information Instrument 04077 Vol 1972 Page 953 Official Public Real Property (Deed) Records of Guadalupe County Texas
Current Mortgagee Apex Bank (f7ka Bank of Camden)
Mortgage Servicer Pursuant to any Servicing Agreement between the Mortgage Servicer and Mortgagee the Mortgage Servicer is authorized to represent the Mortgagee Pursuant to any Servicing agreement and Texas Property Code sect 51 0025 the Mortgage Servicer is authorized to collect the debt and to administer any resulting foreclosure of the lien securing the Property referenced above
Date of Sale August 4 2020 Time of Sale 1100 am or not later than three hours after that time Place of Sale THE NORTH PORCH OF THE GUADALUPE COUNTY COURTHOUSE
OR IF THE PRECEDING AREA IS NO LONGER THE DESIGNATED AREA AT THE AREA MOST RECENTLY DESIGNATED BY THE GUADALUPE COUNTY COMMISSIONERS COURT
Legal Description of Property to be sold
LOT 8 ANGELS ACRES GUADALUPE COUNTY TEXAS ACCORDING TO THE MAP OR PLAT THEREOF RE(ORDED IN VOLUME 4 PAGES 152-153 OF THE PLAT-lt REeuroORQS OF =-GUADALUPE COUNTY TEXAS ~ ~ 0
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NOTICE OF SUBSTITUTE TRUSTEES SALE PAGE 1 OF2 APEX-HEYWARD [2019-02489]070620bmw
11111 IH 11111111 lnl 111111111111111111 4725196
Substitute Trustee PRATT AYCOCK LTD 5050 Quorum Dr Suite 625 Dallas Texas 75254 Tele 469-294-4748 bwyseprattaycockcom
~~~ After filing return to
PRATT AYCOCK LTD Attn Bennett M Wyse 5050 Quorum Dr Suite 625 Dallas Texas 75254
NOTICE OF SUBSTITUTE TRUSTEES SALE PAOE20F2 APEX-HEYWARD [2019-02489]070620bmw
l
CAUSE NO 20-0481-CV-A
APEX BANK fka BANK OF CAMDEN
Plaintiff
v
ROBERT W HEYWARD SR PATRICIA A HEYWARD and ROBERT W HEYWARD JR ATTORNEY-IN-FACT FOR PATRICIA A HEYWARD
Defe11da11ts
IN RE 219 ANGEL LANE SEGUIN TEXAS 78155
sect sect sect sect sect sect sect sect sect sect sect sect
sect sect sect sect sect
IN THE DISTRICT COURT FILED
J21 M
JUN 3 0 2020
OF GUADALUPE COUNTY TEXAS
2o 2ST11 JUDICIAL DISTRICT
FINAL DEFAULT JUDGMENT AGAINST DEFENDANTS ROBERT W HEYWARD SR PATRICIA A HEYWARD
AND ROBERT W HEYWARD JR ATTORNEY-IN-FACT FOR PATRICIA A HEYWARD AND ORDER AUTHORIZING NON-JUDICIAL FORECLOSURE
CAME ON this date entered below for consideration Plaintiffs Motion for Entry of Final
Default Judgment against Robert W Heyward Sr Patricia A Hevward and Robert W Heyward
Jr Attorney-in-Fact for Patricia A Heyward and Order Authorizing Non-Judicial Foreclosure in
the above-entitled and numbered cause wherein Apex Bank fka Bank of Camden (hereinafter
Apex Bank) is Plaintiff and Robert W Heyward Sr Patricia A Heyward and Robert W
Heyward Jr Attorney-in-Fact for Patricia A Heyward are the Defendants against whom
judgment shall be rendered
The Plaintiff through its attorney of record has announced ready for trial Defendants
Robert W Heyward Sr Patricia A Heyward and Robert W Heyward Jr Attorney-in-Fact for
Patricia A Heyward although having been duly and legally cited to appear and answer failed to
FINAL DEFAULT JUDGMENT AND ORDER PAGE I OF4 APEX-HEYWARD 3200 (2019-02489]bmw 04i20i20
appear and answer and wholly made default
Plaintiff appeared by and through its attorney of record Citations were served on
Defendants Robert W Heyward Sr Patricia A Heyward and Robert W Heyward Jr Attorneyshy
in-Fact for Patricia A Heyward according to law and returned to the Clerk where they remained
on file for the time required by law
The case was presented to the Court The Court having read the pleadings and the
documents on file has determined that it has jurisdiction over the subject matter and of the parties
to this proceeding and is of the opinion that the allegations of Plaintiff have been admitted against
Defendants Robert W Heyward Sr Patricia A Heyward and Robert W Heyward Jr Attorneyshy
in-Fact for Patricia A Heyward
The Court finds that Defendants Robert W Heyward Sr and Patricia A Heyward
executed a Promissory Note and Allonge (Note) and a Texas Home Equity Deed of Trust
(Lien) (collectively the Loan Agreement) for the benefit of The CIT GroupConsumer
Finance Inc (the Original Lender) on or about February 23 2004 and the Loan Agreement
(Note and Lien) was subsequently assigned to Bank of Camden nka Apex Bank on or about June
5 2012 as shown by Plaintiffs pleadings and the evidence on file with the Court
The Court also finds that the account with Apex Bank (as described in the affidavit of a
representative of Plaintiff Apex Bank on file with the Court) went into default and the default
was not cured and the account has been accelerated
The Court further finds that Plaintiff Apex Bank is entitled to declaratory judgment that
Plaintiff Apex Bank has a valid and subsisting lien against the subject real property and
improvements commonly known as 219 Angel Lane Seguin GUADALUPE County Texas
FINAL DEFAULr JUDGMENT AND ORDER PAGE20F4 APEX-HEYWARDbullbull 3200 2019-02489]bmw042020
78155 (the Property) and more particularly described as follows
LOT 8 ANGELS ACRES GUADALUPE COUNTY TEXAS ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 4 PAGES 152-153 OF THE PLAT RECORDS OF GUADALUPE COUNTY TEXAS
and that Plaintiff Apex Bank is entitled to enforce its lien and is authorized by this Court
Order to foreclose against the Property by a non-judicial foreclosure to be held in accordance with
the terms and conditions of the Lien Documents TEX CONST art V sect 8 and art XVI sect 50(a)(6)
and with TEX PROP CODE sect51002
The Court also finds that all conditions precedent have been performed or have occurred
as required by TEX R Clv P 54 for Plaintiff to enforce its security interest against the Property
IT IS THEREFORE ORDERED ADJUDGED AND DECREED that Plaintiff Apex
Bank has a valid and subsisting lien against the Property and that Plaintiff Apex Bank is hereby
entitled and authorized to enforce its lien against the Property by conducting a non-judicial
foreclosure sale of the Property which shall be held in accordance with the terms and conditions
of the Lien Documents and TEX PROP CODE sect51002 and it is further
ORDERED ADJUDGED AND DECREED that this final judgment and order shall
serve as an Order of Foreclosure of the lien in accordance with TEX CONST ART XVI sect50(a)(6)
and it is further
ORDERED ADJUDGED AND DECREED that the non-judicial foreclosure shall
divest Defendants Robert W Heyward Sr Patricia A Heyward and Robert W Heyward Jr
Attorney-in-Fact for Patricia A Heyward of all of their interests in the Property and that the
purchaser of the Property at the non-judicial sale shall thereby be vested with all right title and
interest to and in the Property and it is further
ORDERED ADJUDGED AND DECREED that no personal liability or deficiency for
FINAL DEFAULT JUDGMENT AND ORDER PAGE30F4 APEX-HEYWARDbullbullbullbull3200 [2019-02489]bmw04200
the debt under the loan agreement shall be asserted against any of the Defendants and it is further
ORDERED ADJUDGED AND DECREED that Plaintiff Apex Bank recover of and
from Defendants all costs in this behalf expended and it is further
ORDERED ADJUDGED AND DECREED that after the non-judicial foreclosure sale
is held if the Property remains occupied after this judgment becomes final then the purchaser of
the Property at the foreclosure sale shall be entitled to the issuance of a writ of possession from
the clerk of this court against any occupant of the Property in accordance with TEX R Civ P 310
without further order ofthis Court and it is finally
ORDERED ADJUDGED AND DECREED that Plaintiff Apex Bank shall be allowed
such other writs and processes that may be necessary in the enforcement of Plaintiffs lien against
the Property and this Final Judgment
SIGNED on this the _n day of- JV- Q_ 2020
L Respectfully submitted
Isl Bennetti1 Wy~
Bennett M Wyse Texas State Bar No 24008315 PRATT AYCOCK LTD
5050 Quorum Dr Suite 625 Dallas Texas 75254 Office Telephone 4692944748 Alt Office Telephone 2144735551 Fax 2145409333 Email bwyseprattaycockcom Website wwwtxtnlawcom
ATTORNEYS FOR PLAINTIFF APEX BANK
FINAL DEFAULT JUDGMENT AND ORDER PAGE40F4 APEX-HEYWARDbull J00 [2019-02-189)bmw042020
GOU238 TRUSTEES NOTICE OF FORECLOSURE SALE
THE STA TE OF TEXAS )( )(
COUNTY OF GUADALUPE )(
WHEREAS by a Deed of Trust (the Deed of Trust) dated effective May 23 2018 Amanda Bean and John P Adair (the Debtor) conveyed certain property situated in Guadalupe County Texas to A Robert Raetzsch Trustee for the benefit of Concrete City Investments LLC (the bull~oteholder) to secure the indebtedness evidenced by that certain note (the Note) in the original principal amount of $8334000 which was executed by the Debtor to the Noteholder and to secure any and all other indebtedness described in the Deed of Trust
WHEREAS the Deed of Trust encumbers certain real property (the Property) located in Guadalupe County Texas described as follows
Lot 9 JACKSON EST ATES SUBDIVISION a subdivision in Guadalupe County Texas according to plat recorded in Volume 8 Page 530 Map and Plat Records Guadalupe County Texas
WHEREAS the Deed of Trust was recorded in the Official Public Records of Guadalupe County Texas under Document Number 201899011668
WHEREAS default has occurred under the terms and provisions of the Deed of Trust and the Note is now wholly due and the owner and holder of the Note has requested the undersigned as Trustee to enforce the power of sale of the Deed of Trust by selling the Property
NOW THEREFORE the undersigned as Trustee herein described hereby gives notice that Trustee will accordingly sell the Property at public auction to the highest bidder for cash AS IS at the courthouse of Guadalupe County Texas in the area designated by the commissioners court of said county for foreclosure sales of real property as evidenced by a written instrument filed in the real property records of said county being the North porch of the Guadalupe County Courthouse 101 E Court Street Seguin Guadalupe County Texas (the earliest time at which the foreclosure will be held is 1 00 oclock pm) between the hours of I 00 oclock pm and 400 oclock pm on August 4 2020 after due posting and filing of this notice and after written notice of such sale having been given by certified mail to the Debtor and any other Debtor who according to the records of the Noteholder is obligated to pay the indebtedness described above This sale will be conducted subject to the right of rescission contained in Section 51016 of the Texas Property Code
PROVIDED HOWEVER the Property is being sold subject to all matters that are prior or superior to the Deed of Trust
Assert and protect your rights if you are a member of the armed forces of the United States If you are or your spouse is serving on active military duty including active military duty as a member of the Texas National Guard or the National Guard of another state or as a member of a reserve component of the armed forces of the United States please send written notice of the active duty military service to the sender of this notice immediately
DATED this 9th day of July 2020 = cgt fJ c r
A Robert Raetzsch Trustee 202 N Camp Street Seguin Texas 78155
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00023L
Notice of Foreclosure Sale
June 29 2020
Deed of Trust (Deed of Trust) bull Dated April 17 2018 -lt ~
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c_ Granter Mary Ann Talbot C r- m
Trustee Roy Neal Linnartz I j ~~~
Substitute Trustee Peter A James -middot--0 Jc 496 Comal Ave rn New Braunfels Texas 78130 ~ n
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Lender Shepherds Glen Partners LLC --lt
Recorded in Instrument No 201899008183 Guadalupe County Texas
of the real property records of
Legal Description All that certain tract or parcel of land known and designated as Lot 13 Block 1 Shepherds Glen Subdivision according to map or plat thereof recorded in Volume 8 Page 581-582 Map and Plat Records of Guadalupe County Texas (the Shepherds Glen Subdivision Plat)
Secures Promissory Note (Note) in the original principal amount of $4950000 executed by Mary Ann Talbot (Borrower) and payable to the order of Lender
Foreclosure Sale
Date Tuesday August 04 2020
Time The sale of the Property will be held between the hours of 1000 AM and 400 PM local time the earliest time at which the Foreclosure Sale will begin is 1 00 pm and not later than three hours thereafter
Place THE NORTH PORCH OF THE GUADALUPE COUNTY COURTHOUSE OR IN THE AREA DESIGNATED BY THE COMMISSIONERS COURT PURSUANT TO SECTION 51002 OF THE TEXAS PROPERTY CODE
Terms of Sale The Foreclosure Sale will be conducted as a public auction and the Property will be sold to the highest bidder for cash except that Shepherds Glen Partners LLCs bid may be by credit against the indebtedness secured by the lien of the Deed of Trust
Default has occurred in the payment of the Note and in the performance of the obligations of the Deed of Trust Because of that default Shepherds Glen Partners LLC the owner and holder of the Note has requested Trustee to sell the Property
The Deed of Trust may encumber both real and personal property Formal notice is hereby given of Shepherds Glen Partners LLCs election to proceed against and sell both the real property and any personal property described in the Deed of Trust in accordance with Shepherds Glen Partners LLCs rights and remedies under the Deed of Trust and section 9604(a) of the Texas Business and Commerce Code
Therefore notice is given that on and at the Date Time and Place for the Foreclosure Sale described above Trustee will sell the Property in accordance with the Terms of Sale described above the Deed of Trust and applicable Texas law
If Shepherds Glen Partners LLC passes the Foreclosure Sale notice of the date of any rescheduled foreclosure sale will be reposted and refiled in accordance with the posting and filing requirements of the Deed of Trust and the Texas Property Code
The Foreclosure Sale will be made expressly subject to any title matters set forth in the Deed of Trust but prospective bidders are reminded that by law the Foreclosure Sale will necessarily be made subject to all prior matters of record affecting the Property if any to the extent that they remain in force and effect and have not been subordinated to the Deed of Trust For the avoidance of doubt the Foreclosure Sale will not cover any part of the Property that has been released of public record from the lien andor security interest of the Deed of Trust by Shepherds Glen Partners LLC Prospective bidders are strongly urged to examine the applicable property records to determine the nature and extent of such matters if any
Pursuant to section 51009 of the Texas Property Code the Property will be sold AS IS without any expressed or implied warranties except as to the warranties (if any) provided for under the Deed of Trust Prospective bidders are advised to conduct an independent investigation of the nature and physical condition of the Property
Pursuant to section 5 l0075(a) of the Texas Property Code Trustee reserves the right to set further reasonable conditions for conducting the Foreclosure Sale Any such further conditions shall be announced before bidding is opened for the first sale of the day held by Trustee
Assert and protect your rights as a member of the armed forces of the United States If you are or your spouse is serving on active military duty including active military duty as a member of the Texas National Guard or the National Guard of another state or as a member of a reserve component of the armed forces of the United States please send written notice of the active duty military service to the sender of this notice immediately
Peter A James 496 Comal Ave New Braunfels Texas 78130 Telephone (830) 625-9300 Fax (830) 214-2054
ST A TE OF TEXAS )
COUNTY OF COMAL )
Before me the undersigned notary public on this day personally appeared Peter A James known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed
Given under my hand and seal of office on June 29 2020
11111 -1~Gl~ JOYCE KIDDER CULBERTSON ~f=~~Notary Public State of Texas -1 -s_j Comm Expires 07-25middot2023
_t--Of~~~ 11~ Notary ID 132102419
000235 NOTICE OF TRUSTEES SALE
OWNER OF RECORD Justin R Arraiga and Amanda L Struble LIEN HOLDER Cibolo Vistas Homeowners Association AMOUNT OF LIEN $366899 ($135099 homeowner assessments and late
fees $231800 attorneys fees and expenses) Does not include quarterly assessment of $7500 levied on July 1 2020
PROPERTY ADDRESS 116 Tranquil View Cibolo Texas 78108 LEGAL DESCRIPTION Lot 5 Block 1 Cibolo Vistas Subdivision Phase 3B and 2C-
1 Guadalupe County Texas
Notice is hereby given that the above-described Property is encumbered and the Owners are legally indebted to the lien holder in the amount set forth above for due but unpaid owners association assessments late fees legal expenses and filing fees levied and authorized pursuant to the Declaration of Covenants Conditions and Restrictions for Cibolo Vistas Phase-I and Providing for Cibolo Vistas Homeowners Association executed on March 23 2007 recorded in Volume 2457 Page 214 Official Public Records of Real Property of Guadalupe County Texas as amended by the Supplemental Declaration of Covenants Conditions and Restrictions for Cibolo Vistas Phase 3B and 2C-1 and Phase 3C executed on January 18 2013 recorded in Volume 4048 Page 311 Official Public Records of Real Property of Guadalupe County Texas as amended Notice is further given that the amount of the Lien may increase if future assessments are not timely paid and said subsequent indebtedness will be secured by the Lien herein described
Cibolo Vistas Homeowners Association hereby gives notice that the above-described Property will be auctioned for sale at a public sale held at the place designated for public foreclosure auctions by the Commissioners of Guadalupe County Texas The sale shall commence no earlier than 1000 am on August 4 2020 The property will be sold to the highest bidder for cash or some other form of payment acceptable to the Lien Holder
Pursuant to the Texas Property Code the Owners of the Property may have a right not later than the 180th day after the date written notice of the sale is mailed to the Owners to redeem the Property The purchaser at the foreclosure sale may not transfer ownership of the Property to a person other than the redeeming Owner during the redemption period
Executed on July 2 2020
gt- CIBOLO VISTAS HOMEOWNERS D ASSOCIATION a Texas non-profit
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ST A TE OF TEXAS sect sect
COUNTY OF BEXAR sect
Before me the undersigned notary public on this day personally appeared Tom L Nevrton Jr acting on behalf of CIBOLO VISTAS HOMEOWNERS ASSOCIATION known to me or proved to me by presentation to me of a governmentally-issued identification card to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that they executed it for the purposes and consideration expressed in it
Given under my hand and seal of office on July 2 2020
Notary~~~xas AFTER RECORDING RETURN TO Tom L Newton Jr Allen Stein amp Durbin PC P 0 Box 101507 San Antonio Texas 78201
0591800391932659jh
-2-
000236
NOTICE OF SUBSTITUTE TRUSTEES SALE
Assert and protect your rights as a member of the armed forces of the Unites States If you are or your spouse is serving on active military duty including active military duty as a member of the Texas National Guard or the National Guard of another state or as a member of a reserve component of the armed forces of the United States please send written notice of the active duty military service to the sender of this notice immediately
Home Equity Deed of Trust
Date of Security Instrument February 23 2004
Grantor Robert W Heyward and Patricia A Heyward
Original Mortgagee MERS (for The CIT GroupConsumer Finance Inc)
Recording Information Instrument 04077 Vol 1972 Page 953 Official Public Real Property (Deed) Records of Guadalupe County Texas
Current Mortgagee Apex Bank (f7ka Bank of Camden)
Mortgage Servicer Pursuant to any Servicing Agreement between the Mortgage Servicer and Mortgagee the Mortgage Servicer is authorized to represent the Mortgagee Pursuant to any Servicing agreement and Texas Property Code sect 51 0025 the Mortgage Servicer is authorized to collect the debt and to administer any resulting foreclosure of the lien securing the Property referenced above
Date of Sale August 4 2020 Time of Sale 1100 am or not later than three hours after that time Place of Sale THE NORTH PORCH OF THE GUADALUPE COUNTY COURTHOUSE
OR IF THE PRECEDING AREA IS NO LONGER THE DESIGNATED AREA AT THE AREA MOST RECENTLY DESIGNATED BY THE GUADALUPE COUNTY COMMISSIONERS COURT
Legal Description of Property to be sold
LOT 8 ANGELS ACRES GUADALUPE COUNTY TEXAS ACCORDING TO THE MAP OR PLAT THEREOF RE(ORDED IN VOLUME 4 PAGES 152-153 OF THE PLAT-lt REeuroORQS OF =-GUADALUPE COUNTY TEXAS ~ ~ 0
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Terms of sale Cash i
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NOTICE OF SUBSTITUTE TRUSTEES SALE PAGE 1 OF2 APEX-HEYWARD [2019-02489]070620bmw
11111 IH 11111111 lnl 111111111111111111 4725196
Substitute Trustee PRATT AYCOCK LTD 5050 Quorum Dr Suite 625 Dallas Texas 75254 Tele 469-294-4748 bwyseprattaycockcom
~~~ After filing return to
PRATT AYCOCK LTD Attn Bennett M Wyse 5050 Quorum Dr Suite 625 Dallas Texas 75254
NOTICE OF SUBSTITUTE TRUSTEES SALE PAOE20F2 APEX-HEYWARD [2019-02489]070620bmw
l
CAUSE NO 20-0481-CV-A
APEX BANK fka BANK OF CAMDEN
Plaintiff
v
ROBERT W HEYWARD SR PATRICIA A HEYWARD and ROBERT W HEYWARD JR ATTORNEY-IN-FACT FOR PATRICIA A HEYWARD
Defe11da11ts
IN RE 219 ANGEL LANE SEGUIN TEXAS 78155
sect sect sect sect sect sect sect sect sect sect sect sect
sect sect sect sect sect
IN THE DISTRICT COURT FILED
J21 M
JUN 3 0 2020
OF GUADALUPE COUNTY TEXAS
2o 2ST11 JUDICIAL DISTRICT
FINAL DEFAULT JUDGMENT AGAINST DEFENDANTS ROBERT W HEYWARD SR PATRICIA A HEYWARD
AND ROBERT W HEYWARD JR ATTORNEY-IN-FACT FOR PATRICIA A HEYWARD AND ORDER AUTHORIZING NON-JUDICIAL FORECLOSURE
CAME ON this date entered below for consideration Plaintiffs Motion for Entry of Final
Default Judgment against Robert W Heyward Sr Patricia A Hevward and Robert W Heyward
Jr Attorney-in-Fact for Patricia A Heyward and Order Authorizing Non-Judicial Foreclosure in
the above-entitled and numbered cause wherein Apex Bank fka Bank of Camden (hereinafter
Apex Bank) is Plaintiff and Robert W Heyward Sr Patricia A Heyward and Robert W
Heyward Jr Attorney-in-Fact for Patricia A Heyward are the Defendants against whom
judgment shall be rendered
The Plaintiff through its attorney of record has announced ready for trial Defendants
Robert W Heyward Sr Patricia A Heyward and Robert W Heyward Jr Attorney-in-Fact for
Patricia A Heyward although having been duly and legally cited to appear and answer failed to
FINAL DEFAULT JUDGMENT AND ORDER PAGE I OF4 APEX-HEYWARD 3200 (2019-02489]bmw 04i20i20
appear and answer and wholly made default
Plaintiff appeared by and through its attorney of record Citations were served on
Defendants Robert W Heyward Sr Patricia A Heyward and Robert W Heyward Jr Attorneyshy
in-Fact for Patricia A Heyward according to law and returned to the Clerk where they remained
on file for the time required by law
The case was presented to the Court The Court having read the pleadings and the
documents on file has determined that it has jurisdiction over the subject matter and of the parties
to this proceeding and is of the opinion that the allegations of Plaintiff have been admitted against
Defendants Robert W Heyward Sr Patricia A Heyward and Robert W Heyward Jr Attorneyshy
in-Fact for Patricia A Heyward
The Court finds that Defendants Robert W Heyward Sr and Patricia A Heyward
executed a Promissory Note and Allonge (Note) and a Texas Home Equity Deed of Trust
(Lien) (collectively the Loan Agreement) for the benefit of The CIT GroupConsumer
Finance Inc (the Original Lender) on or about February 23 2004 and the Loan Agreement
(Note and Lien) was subsequently assigned to Bank of Camden nka Apex Bank on or about June
5 2012 as shown by Plaintiffs pleadings and the evidence on file with the Court
The Court also finds that the account with Apex Bank (as described in the affidavit of a
representative of Plaintiff Apex Bank on file with the Court) went into default and the default
was not cured and the account has been accelerated
The Court further finds that Plaintiff Apex Bank is entitled to declaratory judgment that
Plaintiff Apex Bank has a valid and subsisting lien against the subject real property and
improvements commonly known as 219 Angel Lane Seguin GUADALUPE County Texas
FINAL DEFAULr JUDGMENT AND ORDER PAGE20F4 APEX-HEYWARDbullbull 3200 2019-02489]bmw042020
78155 (the Property) and more particularly described as follows
LOT 8 ANGELS ACRES GUADALUPE COUNTY TEXAS ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 4 PAGES 152-153 OF THE PLAT RECORDS OF GUADALUPE COUNTY TEXAS
and that Plaintiff Apex Bank is entitled to enforce its lien and is authorized by this Court
Order to foreclose against the Property by a non-judicial foreclosure to be held in accordance with
the terms and conditions of the Lien Documents TEX CONST art V sect 8 and art XVI sect 50(a)(6)
and with TEX PROP CODE sect51002
The Court also finds that all conditions precedent have been performed or have occurred
as required by TEX R Clv P 54 for Plaintiff to enforce its security interest against the Property
IT IS THEREFORE ORDERED ADJUDGED AND DECREED that Plaintiff Apex
Bank has a valid and subsisting lien against the Property and that Plaintiff Apex Bank is hereby
entitled and authorized to enforce its lien against the Property by conducting a non-judicial
foreclosure sale of the Property which shall be held in accordance with the terms and conditions
of the Lien Documents and TEX PROP CODE sect51002 and it is further
ORDERED ADJUDGED AND DECREED that this final judgment and order shall
serve as an Order of Foreclosure of the lien in accordance with TEX CONST ART XVI sect50(a)(6)
and it is further
ORDERED ADJUDGED AND DECREED that the non-judicial foreclosure shall
divest Defendants Robert W Heyward Sr Patricia A Heyward and Robert W Heyward Jr
Attorney-in-Fact for Patricia A Heyward of all of their interests in the Property and that the
purchaser of the Property at the non-judicial sale shall thereby be vested with all right title and
interest to and in the Property and it is further
ORDERED ADJUDGED AND DECREED that no personal liability or deficiency for
FINAL DEFAULT JUDGMENT AND ORDER PAGE30F4 APEX-HEYWARDbullbullbullbull3200 [2019-02489]bmw04200
the debt under the loan agreement shall be asserted against any of the Defendants and it is further
ORDERED ADJUDGED AND DECREED that Plaintiff Apex Bank recover of and
from Defendants all costs in this behalf expended and it is further
ORDERED ADJUDGED AND DECREED that after the non-judicial foreclosure sale
is held if the Property remains occupied after this judgment becomes final then the purchaser of
the Property at the foreclosure sale shall be entitled to the issuance of a writ of possession from
the clerk of this court against any occupant of the Property in accordance with TEX R Civ P 310
without further order ofthis Court and it is finally
ORDERED ADJUDGED AND DECREED that Plaintiff Apex Bank shall be allowed
such other writs and processes that may be necessary in the enforcement of Plaintiffs lien against
the Property and this Final Judgment
SIGNED on this the _n day of- JV- Q_ 2020
L Respectfully submitted
Isl Bennetti1 Wy~
Bennett M Wyse Texas State Bar No 24008315 PRATT AYCOCK LTD
5050 Quorum Dr Suite 625 Dallas Texas 75254 Office Telephone 4692944748 Alt Office Telephone 2144735551 Fax 2145409333 Email bwyseprattaycockcom Website wwwtxtnlawcom
ATTORNEYS FOR PLAINTIFF APEX BANK
FINAL DEFAULT JUDGMENT AND ORDER PAGE40F4 APEX-HEYWARDbull J00 [2019-02-189)bmw042020
GOU238 TRUSTEES NOTICE OF FORECLOSURE SALE
THE STA TE OF TEXAS )( )(
COUNTY OF GUADALUPE )(
WHEREAS by a Deed of Trust (the Deed of Trust) dated effective May 23 2018 Amanda Bean and John P Adair (the Debtor) conveyed certain property situated in Guadalupe County Texas to A Robert Raetzsch Trustee for the benefit of Concrete City Investments LLC (the bull~oteholder) to secure the indebtedness evidenced by that certain note (the Note) in the original principal amount of $8334000 which was executed by the Debtor to the Noteholder and to secure any and all other indebtedness described in the Deed of Trust
WHEREAS the Deed of Trust encumbers certain real property (the Property) located in Guadalupe County Texas described as follows
Lot 9 JACKSON EST ATES SUBDIVISION a subdivision in Guadalupe County Texas according to plat recorded in Volume 8 Page 530 Map and Plat Records Guadalupe County Texas
WHEREAS the Deed of Trust was recorded in the Official Public Records of Guadalupe County Texas under Document Number 201899011668
WHEREAS default has occurred under the terms and provisions of the Deed of Trust and the Note is now wholly due and the owner and holder of the Note has requested the undersigned as Trustee to enforce the power of sale of the Deed of Trust by selling the Property
NOW THEREFORE the undersigned as Trustee herein described hereby gives notice that Trustee will accordingly sell the Property at public auction to the highest bidder for cash AS IS at the courthouse of Guadalupe County Texas in the area designated by the commissioners court of said county for foreclosure sales of real property as evidenced by a written instrument filed in the real property records of said county being the North porch of the Guadalupe County Courthouse 101 E Court Street Seguin Guadalupe County Texas (the earliest time at which the foreclosure will be held is 1 00 oclock pm) between the hours of I 00 oclock pm and 400 oclock pm on August 4 2020 after due posting and filing of this notice and after written notice of such sale having been given by certified mail to the Debtor and any other Debtor who according to the records of the Noteholder is obligated to pay the indebtedness described above This sale will be conducted subject to the right of rescission contained in Section 51016 of the Texas Property Code
PROVIDED HOWEVER the Property is being sold subject to all matters that are prior or superior to the Deed of Trust
Assert and protect your rights if you are a member of the armed forces of the United States If you are or your spouse is serving on active military duty including active military duty as a member of the Texas National Guard or the National Guard of another state or as a member of a reserve component of the armed forces of the United States please send written notice of the active duty military service to the sender of this notice immediately
DATED this 9th day of July 2020 = cgt fJ c r
A Robert Raetzsch Trustee 202 N Camp Street Seguin Texas 78155
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The Deed of Trust may encumber both real and personal property Formal notice is hereby given of Shepherds Glen Partners LLCs election to proceed against and sell both the real property and any personal property described in the Deed of Trust in accordance with Shepherds Glen Partners LLCs rights and remedies under the Deed of Trust and section 9604(a) of the Texas Business and Commerce Code
Therefore notice is given that on and at the Date Time and Place for the Foreclosure Sale described above Trustee will sell the Property in accordance with the Terms of Sale described above the Deed of Trust and applicable Texas law
If Shepherds Glen Partners LLC passes the Foreclosure Sale notice of the date of any rescheduled foreclosure sale will be reposted and refiled in accordance with the posting and filing requirements of the Deed of Trust and the Texas Property Code
The Foreclosure Sale will be made expressly subject to any title matters set forth in the Deed of Trust but prospective bidders are reminded that by law the Foreclosure Sale will necessarily be made subject to all prior matters of record affecting the Property if any to the extent that they remain in force and effect and have not been subordinated to the Deed of Trust For the avoidance of doubt the Foreclosure Sale will not cover any part of the Property that has been released of public record from the lien andor security interest of the Deed of Trust by Shepherds Glen Partners LLC Prospective bidders are strongly urged to examine the applicable property records to determine the nature and extent of such matters if any
Pursuant to section 51009 of the Texas Property Code the Property will be sold AS IS without any expressed or implied warranties except as to the warranties (if any) provided for under the Deed of Trust Prospective bidders are advised to conduct an independent investigation of the nature and physical condition of the Property
Pursuant to section 5 l0075(a) of the Texas Property Code Trustee reserves the right to set further reasonable conditions for conducting the Foreclosure Sale Any such further conditions shall be announced before bidding is opened for the first sale of the day held by Trustee
Assert and protect your rights as a member of the armed forces of the United States If you are or your spouse is serving on active military duty including active military duty as a member of the Texas National Guard or the National Guard of another state or as a member of a reserve component of the armed forces of the United States please send written notice of the active duty military service to the sender of this notice immediately
Peter A James 496 Comal Ave New Braunfels Texas 78130 Telephone (830) 625-9300 Fax (830) 214-2054
ST A TE OF TEXAS )
COUNTY OF COMAL )
Before me the undersigned notary public on this day personally appeared Peter A James known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed
Given under my hand and seal of office on June 29 2020
11111 -1~Gl~ JOYCE KIDDER CULBERTSON ~f=~~Notary Public State of Texas -1 -s_j Comm Expires 07-25middot2023
_t--Of~~~ 11~ Notary ID 132102419
000235 NOTICE OF TRUSTEES SALE
OWNER OF RECORD Justin R Arraiga and Amanda L Struble LIEN HOLDER Cibolo Vistas Homeowners Association AMOUNT OF LIEN $366899 ($135099 homeowner assessments and late
fees $231800 attorneys fees and expenses) Does not include quarterly assessment of $7500 levied on July 1 2020
PROPERTY ADDRESS 116 Tranquil View Cibolo Texas 78108 LEGAL DESCRIPTION Lot 5 Block 1 Cibolo Vistas Subdivision Phase 3B and 2C-
1 Guadalupe County Texas
Notice is hereby given that the above-described Property is encumbered and the Owners are legally indebted to the lien holder in the amount set forth above for due but unpaid owners association assessments late fees legal expenses and filing fees levied and authorized pursuant to the Declaration of Covenants Conditions and Restrictions for Cibolo Vistas Phase-I and Providing for Cibolo Vistas Homeowners Association executed on March 23 2007 recorded in Volume 2457 Page 214 Official Public Records of Real Property of Guadalupe County Texas as amended by the Supplemental Declaration of Covenants Conditions and Restrictions for Cibolo Vistas Phase 3B and 2C-1 and Phase 3C executed on January 18 2013 recorded in Volume 4048 Page 311 Official Public Records of Real Property of Guadalupe County Texas as amended Notice is further given that the amount of the Lien may increase if future assessments are not timely paid and said subsequent indebtedness will be secured by the Lien herein described
Cibolo Vistas Homeowners Association hereby gives notice that the above-described Property will be auctioned for sale at a public sale held at the place designated for public foreclosure auctions by the Commissioners of Guadalupe County Texas The sale shall commence no earlier than 1000 am on August 4 2020 The property will be sold to the highest bidder for cash or some other form of payment acceptable to the Lien Holder
Pursuant to the Texas Property Code the Owners of the Property may have a right not later than the 180th day after the date written notice of the sale is mailed to the Owners to redeem the Property The purchaser at the foreclosure sale may not transfer ownership of the Property to a person other than the redeeming Owner during the redemption period
Executed on July 2 2020
gt- CIBOLO VISTAS HOMEOWNERS D ASSOCIATION a Texas non-profit
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ST A TE OF TEXAS sect sect
COUNTY OF BEXAR sect
Before me the undersigned notary public on this day personally appeared Tom L Nevrton Jr acting on behalf of CIBOLO VISTAS HOMEOWNERS ASSOCIATION known to me or proved to me by presentation to me of a governmentally-issued identification card to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that they executed it for the purposes and consideration expressed in it
Given under my hand and seal of office on July 2 2020
Notary~~~xas AFTER RECORDING RETURN TO Tom L Newton Jr Allen Stein amp Durbin PC P 0 Box 101507 San Antonio Texas 78201
0591800391932659jh
-2-
000236
NOTICE OF SUBSTITUTE TRUSTEES SALE
Assert and protect your rights as a member of the armed forces of the Unites States If you are or your spouse is serving on active military duty including active military duty as a member of the Texas National Guard or the National Guard of another state or as a member of a reserve component of the armed forces of the United States please send written notice of the active duty military service to the sender of this notice immediately
Home Equity Deed of Trust
Date of Security Instrument February 23 2004
Grantor Robert W Heyward and Patricia A Heyward
Original Mortgagee MERS (for The CIT GroupConsumer Finance Inc)
Recording Information Instrument 04077 Vol 1972 Page 953 Official Public Real Property (Deed) Records of Guadalupe County Texas
Current Mortgagee Apex Bank (f7ka Bank of Camden)
Mortgage Servicer Pursuant to any Servicing Agreement between the Mortgage Servicer and Mortgagee the Mortgage Servicer is authorized to represent the Mortgagee Pursuant to any Servicing agreement and Texas Property Code sect 51 0025 the Mortgage Servicer is authorized to collect the debt and to administer any resulting foreclosure of the lien securing the Property referenced above
Date of Sale August 4 2020 Time of Sale 1100 am or not later than three hours after that time Place of Sale THE NORTH PORCH OF THE GUADALUPE COUNTY COURTHOUSE
OR IF THE PRECEDING AREA IS NO LONGER THE DESIGNATED AREA AT THE AREA MOST RECENTLY DESIGNATED BY THE GUADALUPE COUNTY COMMISSIONERS COURT
Legal Description of Property to be sold
LOT 8 ANGELS ACRES GUADALUPE COUNTY TEXAS ACCORDING TO THE MAP OR PLAT THEREOF RE(ORDED IN VOLUME 4 PAGES 152-153 OF THE PLAT-lt REeuroORQS OF =-GUADALUPE COUNTY TEXAS ~ ~ 0
~ c ~ 5iii r- i
Terms of sale Cash i
~t -0 ~ ~ bull ~ lgt -t_r X bull-_ ~r- 0 m () ~
- CJ1 _ ~ 0 -lt
NOTICE OF SUBSTITUTE TRUSTEES SALE PAGE 1 OF2 APEX-HEYWARD [2019-02489]070620bmw
11111 IH 11111111 lnl 111111111111111111 4725196
Substitute Trustee PRATT AYCOCK LTD 5050 Quorum Dr Suite 625 Dallas Texas 75254 Tele 469-294-4748 bwyseprattaycockcom
~~~ After filing return to
PRATT AYCOCK LTD Attn Bennett M Wyse 5050 Quorum Dr Suite 625 Dallas Texas 75254
NOTICE OF SUBSTITUTE TRUSTEES SALE PAOE20F2 APEX-HEYWARD [2019-02489]070620bmw
l
CAUSE NO 20-0481-CV-A
APEX BANK fka BANK OF CAMDEN
Plaintiff
v
ROBERT W HEYWARD SR PATRICIA A HEYWARD and ROBERT W HEYWARD JR ATTORNEY-IN-FACT FOR PATRICIA A HEYWARD
Defe11da11ts
IN RE 219 ANGEL LANE SEGUIN TEXAS 78155
sect sect sect sect sect sect sect sect sect sect sect sect
sect sect sect sect sect
IN THE DISTRICT COURT FILED
J21 M
JUN 3 0 2020
OF GUADALUPE COUNTY TEXAS
2o 2ST11 JUDICIAL DISTRICT
FINAL DEFAULT JUDGMENT AGAINST DEFENDANTS ROBERT W HEYWARD SR PATRICIA A HEYWARD
AND ROBERT W HEYWARD JR ATTORNEY-IN-FACT FOR PATRICIA A HEYWARD AND ORDER AUTHORIZING NON-JUDICIAL FORECLOSURE
CAME ON this date entered below for consideration Plaintiffs Motion for Entry of Final
Default Judgment against Robert W Heyward Sr Patricia A Hevward and Robert W Heyward
Jr Attorney-in-Fact for Patricia A Heyward and Order Authorizing Non-Judicial Foreclosure in
the above-entitled and numbered cause wherein Apex Bank fka Bank of Camden (hereinafter
Apex Bank) is Plaintiff and Robert W Heyward Sr Patricia A Heyward and Robert W
Heyward Jr Attorney-in-Fact for Patricia A Heyward are the Defendants against whom
judgment shall be rendered
The Plaintiff through its attorney of record has announced ready for trial Defendants
Robert W Heyward Sr Patricia A Heyward and Robert W Heyward Jr Attorney-in-Fact for
Patricia A Heyward although having been duly and legally cited to appear and answer failed to
FINAL DEFAULT JUDGMENT AND ORDER PAGE I OF4 APEX-HEYWARD 3200 (2019-02489]bmw 04i20i20
appear and answer and wholly made default
Plaintiff appeared by and through its attorney of record Citations were served on
Defendants Robert W Heyward Sr Patricia A Heyward and Robert W Heyward Jr Attorneyshy
in-Fact for Patricia A Heyward according to law and returned to the Clerk where they remained
on file for the time required by law
The case was presented to the Court The Court having read the pleadings and the
documents on file has determined that it has jurisdiction over the subject matter and of the parties
to this proceeding and is of the opinion that the allegations of Plaintiff have been admitted against
Defendants Robert W Heyward Sr Patricia A Heyward and Robert W Heyward Jr Attorneyshy
in-Fact for Patricia A Heyward
The Court finds that Defendants Robert W Heyward Sr and Patricia A Heyward
executed a Promissory Note and Allonge (Note) and a Texas Home Equity Deed of Trust
(Lien) (collectively the Loan Agreement) for the benefit of The CIT GroupConsumer
Finance Inc (the Original Lender) on or about February 23 2004 and the Loan Agreement
(Note and Lien) was subsequently assigned to Bank of Camden nka Apex Bank on or about June
5 2012 as shown by Plaintiffs pleadings and the evidence on file with the Court
The Court also finds that the account with Apex Bank (as described in the affidavit of a
representative of Plaintiff Apex Bank on file with the Court) went into default and the default
was not cured and the account has been accelerated
The Court further finds that Plaintiff Apex Bank is entitled to declaratory judgment that
Plaintiff Apex Bank has a valid and subsisting lien against the subject real property and
improvements commonly known as 219 Angel Lane Seguin GUADALUPE County Texas
FINAL DEFAULr JUDGMENT AND ORDER PAGE20F4 APEX-HEYWARDbullbull 3200 2019-02489]bmw042020
78155 (the Property) and more particularly described as follows
LOT 8 ANGELS ACRES GUADALUPE COUNTY TEXAS ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 4 PAGES 152-153 OF THE PLAT RECORDS OF GUADALUPE COUNTY TEXAS
and that Plaintiff Apex Bank is entitled to enforce its lien and is authorized by this Court
Order to foreclose against the Property by a non-judicial foreclosure to be held in accordance with
the terms and conditions of the Lien Documents TEX CONST art V sect 8 and art XVI sect 50(a)(6)
and with TEX PROP CODE sect51002
The Court also finds that all conditions precedent have been performed or have occurred
as required by TEX R Clv P 54 for Plaintiff to enforce its security interest against the Property
IT IS THEREFORE ORDERED ADJUDGED AND DECREED that Plaintiff Apex
Bank has a valid and subsisting lien against the Property and that Plaintiff Apex Bank is hereby
entitled and authorized to enforce its lien against the Property by conducting a non-judicial
foreclosure sale of the Property which shall be held in accordance with the terms and conditions
of the Lien Documents and TEX PROP CODE sect51002 and it is further
ORDERED ADJUDGED AND DECREED that this final judgment and order shall
serve as an Order of Foreclosure of the lien in accordance with TEX CONST ART XVI sect50(a)(6)
and it is further
ORDERED ADJUDGED AND DECREED that the non-judicial foreclosure shall
divest Defendants Robert W Heyward Sr Patricia A Heyward and Robert W Heyward Jr
Attorney-in-Fact for Patricia A Heyward of all of their interests in the Property and that the
purchaser of the Property at the non-judicial sale shall thereby be vested with all right title and
interest to and in the Property and it is further
ORDERED ADJUDGED AND DECREED that no personal liability or deficiency for
FINAL DEFAULT JUDGMENT AND ORDER PAGE30F4 APEX-HEYWARDbullbullbullbull3200 [2019-02489]bmw04200
the debt under the loan agreement shall be asserted against any of the Defendants and it is further
ORDERED ADJUDGED AND DECREED that Plaintiff Apex Bank recover of and
from Defendants all costs in this behalf expended and it is further
ORDERED ADJUDGED AND DECREED that after the non-judicial foreclosure sale
is held if the Property remains occupied after this judgment becomes final then the purchaser of
the Property at the foreclosure sale shall be entitled to the issuance of a writ of possession from
the clerk of this court against any occupant of the Property in accordance with TEX R Civ P 310
without further order ofthis Court and it is finally
ORDERED ADJUDGED AND DECREED that Plaintiff Apex Bank shall be allowed
such other writs and processes that may be necessary in the enforcement of Plaintiffs lien against
the Property and this Final Judgment
SIGNED on this the _n day of- JV- Q_ 2020
L Respectfully submitted
Isl Bennetti1 Wy~
Bennett M Wyse Texas State Bar No 24008315 PRATT AYCOCK LTD
5050 Quorum Dr Suite 625 Dallas Texas 75254 Office Telephone 4692944748 Alt Office Telephone 2144735551 Fax 2145409333 Email bwyseprattaycockcom Website wwwtxtnlawcom
ATTORNEYS FOR PLAINTIFF APEX BANK
FINAL DEFAULT JUDGMENT AND ORDER PAGE40F4 APEX-HEYWARDbull J00 [2019-02-189)bmw042020
GOU238 TRUSTEES NOTICE OF FORECLOSURE SALE
THE STA TE OF TEXAS )( )(
COUNTY OF GUADALUPE )(
WHEREAS by a Deed of Trust (the Deed of Trust) dated effective May 23 2018 Amanda Bean and John P Adair (the Debtor) conveyed certain property situated in Guadalupe County Texas to A Robert Raetzsch Trustee for the benefit of Concrete City Investments LLC (the bull~oteholder) to secure the indebtedness evidenced by that certain note (the Note) in the original principal amount of $8334000 which was executed by the Debtor to the Noteholder and to secure any and all other indebtedness described in the Deed of Trust
WHEREAS the Deed of Trust encumbers certain real property (the Property) located in Guadalupe County Texas described as follows
Lot 9 JACKSON EST ATES SUBDIVISION a subdivision in Guadalupe County Texas according to plat recorded in Volume 8 Page 530 Map and Plat Records Guadalupe County Texas
WHEREAS the Deed of Trust was recorded in the Official Public Records of Guadalupe County Texas under Document Number 201899011668
WHEREAS default has occurred under the terms and provisions of the Deed of Trust and the Note is now wholly due and the owner and holder of the Note has requested the undersigned as Trustee to enforce the power of sale of the Deed of Trust by selling the Property
NOW THEREFORE the undersigned as Trustee herein described hereby gives notice that Trustee will accordingly sell the Property at public auction to the highest bidder for cash AS IS at the courthouse of Guadalupe County Texas in the area designated by the commissioners court of said county for foreclosure sales of real property as evidenced by a written instrument filed in the real property records of said county being the North porch of the Guadalupe County Courthouse 101 E Court Street Seguin Guadalupe County Texas (the earliest time at which the foreclosure will be held is 1 00 oclock pm) between the hours of I 00 oclock pm and 400 oclock pm on August 4 2020 after due posting and filing of this notice and after written notice of such sale having been given by certified mail to the Debtor and any other Debtor who according to the records of the Noteholder is obligated to pay the indebtedness described above This sale will be conducted subject to the right of rescission contained in Section 51016 of the Texas Property Code
PROVIDED HOWEVER the Property is being sold subject to all matters that are prior or superior to the Deed of Trust
Assert and protect your rights if you are a member of the armed forces of the United States If you are or your spouse is serving on active military duty including active military duty as a member of the Texas National Guard or the National Guard of another state or as a member of a reserve component of the armed forces of the United States please send written notice of the active duty military service to the sender of this notice immediately
DATED this 9th day of July 2020 = cgt fJ c r
A Robert Raetzsch Trustee 202 N Camp Street Seguin Texas 78155
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ST A TE OF TEXAS )
COUNTY OF COMAL )
Before me the undersigned notary public on this day personally appeared Peter A James known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed
Given under my hand and seal of office on June 29 2020
11111 -1~Gl~ JOYCE KIDDER CULBERTSON ~f=~~Notary Public State of Texas -1 -s_j Comm Expires 07-25middot2023
_t--Of~~~ 11~ Notary ID 132102419
000235 NOTICE OF TRUSTEES SALE
OWNER OF RECORD Justin R Arraiga and Amanda L Struble LIEN HOLDER Cibolo Vistas Homeowners Association AMOUNT OF LIEN $366899 ($135099 homeowner assessments and late
fees $231800 attorneys fees and expenses) Does not include quarterly assessment of $7500 levied on July 1 2020
PROPERTY ADDRESS 116 Tranquil View Cibolo Texas 78108 LEGAL DESCRIPTION Lot 5 Block 1 Cibolo Vistas Subdivision Phase 3B and 2C-
1 Guadalupe County Texas
Notice is hereby given that the above-described Property is encumbered and the Owners are legally indebted to the lien holder in the amount set forth above for due but unpaid owners association assessments late fees legal expenses and filing fees levied and authorized pursuant to the Declaration of Covenants Conditions and Restrictions for Cibolo Vistas Phase-I and Providing for Cibolo Vistas Homeowners Association executed on March 23 2007 recorded in Volume 2457 Page 214 Official Public Records of Real Property of Guadalupe County Texas as amended by the Supplemental Declaration of Covenants Conditions and Restrictions for Cibolo Vistas Phase 3B and 2C-1 and Phase 3C executed on January 18 2013 recorded in Volume 4048 Page 311 Official Public Records of Real Property of Guadalupe County Texas as amended Notice is further given that the amount of the Lien may increase if future assessments are not timely paid and said subsequent indebtedness will be secured by the Lien herein described
Cibolo Vistas Homeowners Association hereby gives notice that the above-described Property will be auctioned for sale at a public sale held at the place designated for public foreclosure auctions by the Commissioners of Guadalupe County Texas The sale shall commence no earlier than 1000 am on August 4 2020 The property will be sold to the highest bidder for cash or some other form of payment acceptable to the Lien Holder
Pursuant to the Texas Property Code the Owners of the Property may have a right not later than the 180th day after the date written notice of the sale is mailed to the Owners to redeem the Property The purchaser at the foreclosure sale may not transfer ownership of the Property to a person other than the redeeming Owner during the redemption period
Executed on July 2 2020
gt- CIBOLO VISTAS HOMEOWNERS D ASSOCIATION a Texas non-profit
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ST A TE OF TEXAS sect sect
COUNTY OF BEXAR sect
Before me the undersigned notary public on this day personally appeared Tom L Nevrton Jr acting on behalf of CIBOLO VISTAS HOMEOWNERS ASSOCIATION known to me or proved to me by presentation to me of a governmentally-issued identification card to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that they executed it for the purposes and consideration expressed in it
Given under my hand and seal of office on July 2 2020
Notary~~~xas AFTER RECORDING RETURN TO Tom L Newton Jr Allen Stein amp Durbin PC P 0 Box 101507 San Antonio Texas 78201
0591800391932659jh
-2-
000236
NOTICE OF SUBSTITUTE TRUSTEES SALE
Assert and protect your rights as a member of the armed forces of the Unites States If you are or your spouse is serving on active military duty including active military duty as a member of the Texas National Guard or the National Guard of another state or as a member of a reserve component of the armed forces of the United States please send written notice of the active duty military service to the sender of this notice immediately
Home Equity Deed of Trust
Date of Security Instrument February 23 2004
Grantor Robert W Heyward and Patricia A Heyward
Original Mortgagee MERS (for The CIT GroupConsumer Finance Inc)
Recording Information Instrument 04077 Vol 1972 Page 953 Official Public Real Property (Deed) Records of Guadalupe County Texas
Current Mortgagee Apex Bank (f7ka Bank of Camden)
Mortgage Servicer Pursuant to any Servicing Agreement between the Mortgage Servicer and Mortgagee the Mortgage Servicer is authorized to represent the Mortgagee Pursuant to any Servicing agreement and Texas Property Code sect 51 0025 the Mortgage Servicer is authorized to collect the debt and to administer any resulting foreclosure of the lien securing the Property referenced above
Date of Sale August 4 2020 Time of Sale 1100 am or not later than three hours after that time Place of Sale THE NORTH PORCH OF THE GUADALUPE COUNTY COURTHOUSE
OR IF THE PRECEDING AREA IS NO LONGER THE DESIGNATED AREA AT THE AREA MOST RECENTLY DESIGNATED BY THE GUADALUPE COUNTY COMMISSIONERS COURT
Legal Description of Property to be sold
LOT 8 ANGELS ACRES GUADALUPE COUNTY TEXAS ACCORDING TO THE MAP OR PLAT THEREOF RE(ORDED IN VOLUME 4 PAGES 152-153 OF THE PLAT-lt REeuroORQS OF =-GUADALUPE COUNTY TEXAS ~ ~ 0
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Terms of sale Cash i
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NOTICE OF SUBSTITUTE TRUSTEES SALE PAGE 1 OF2 APEX-HEYWARD [2019-02489]070620bmw
11111 IH 11111111 lnl 111111111111111111 4725196
Substitute Trustee PRATT AYCOCK LTD 5050 Quorum Dr Suite 625 Dallas Texas 75254 Tele 469-294-4748 bwyseprattaycockcom
~~~ After filing return to
PRATT AYCOCK LTD Attn Bennett M Wyse 5050 Quorum Dr Suite 625 Dallas Texas 75254
NOTICE OF SUBSTITUTE TRUSTEES SALE PAOE20F2 APEX-HEYWARD [2019-02489]070620bmw
l
CAUSE NO 20-0481-CV-A
APEX BANK fka BANK OF CAMDEN
Plaintiff
v
ROBERT W HEYWARD SR PATRICIA A HEYWARD and ROBERT W HEYWARD JR ATTORNEY-IN-FACT FOR PATRICIA A HEYWARD
Defe11da11ts
IN RE 219 ANGEL LANE SEGUIN TEXAS 78155
sect sect sect sect sect sect sect sect sect sect sect sect
sect sect sect sect sect
IN THE DISTRICT COURT FILED
J21 M
JUN 3 0 2020
OF GUADALUPE COUNTY TEXAS
2o 2ST11 JUDICIAL DISTRICT
FINAL DEFAULT JUDGMENT AGAINST DEFENDANTS ROBERT W HEYWARD SR PATRICIA A HEYWARD
AND ROBERT W HEYWARD JR ATTORNEY-IN-FACT FOR PATRICIA A HEYWARD AND ORDER AUTHORIZING NON-JUDICIAL FORECLOSURE
CAME ON this date entered below for consideration Plaintiffs Motion for Entry of Final
Default Judgment against Robert W Heyward Sr Patricia A Hevward and Robert W Heyward
Jr Attorney-in-Fact for Patricia A Heyward and Order Authorizing Non-Judicial Foreclosure in
the above-entitled and numbered cause wherein Apex Bank fka Bank of Camden (hereinafter
Apex Bank) is Plaintiff and Robert W Heyward Sr Patricia A Heyward and Robert W
Heyward Jr Attorney-in-Fact for Patricia A Heyward are the Defendants against whom
judgment shall be rendered
The Plaintiff through its attorney of record has announced ready for trial Defendants
Robert W Heyward Sr Patricia A Heyward and Robert W Heyward Jr Attorney-in-Fact for
Patricia A Heyward although having been duly and legally cited to appear and answer failed to
FINAL DEFAULT JUDGMENT AND ORDER PAGE I OF4 APEX-HEYWARD 3200 (2019-02489]bmw 04i20i20
appear and answer and wholly made default
Plaintiff appeared by and through its attorney of record Citations were served on
Defendants Robert W Heyward Sr Patricia A Heyward and Robert W Heyward Jr Attorneyshy
in-Fact for Patricia A Heyward according to law and returned to the Clerk where they remained
on file for the time required by law
The case was presented to the Court The Court having read the pleadings and the
documents on file has determined that it has jurisdiction over the subject matter and of the parties
to this proceeding and is of the opinion that the allegations of Plaintiff have been admitted against
Defendants Robert W Heyward Sr Patricia A Heyward and Robert W Heyward Jr Attorneyshy
in-Fact for Patricia A Heyward
The Court finds that Defendants Robert W Heyward Sr and Patricia A Heyward
executed a Promissory Note and Allonge (Note) and a Texas Home Equity Deed of Trust
(Lien) (collectively the Loan Agreement) for the benefit of The CIT GroupConsumer
Finance Inc (the Original Lender) on or about February 23 2004 and the Loan Agreement
(Note and Lien) was subsequently assigned to Bank of Camden nka Apex Bank on or about June
5 2012 as shown by Plaintiffs pleadings and the evidence on file with the Court
The Court also finds that the account with Apex Bank (as described in the affidavit of a
representative of Plaintiff Apex Bank on file with the Court) went into default and the default
was not cured and the account has been accelerated
The Court further finds that Plaintiff Apex Bank is entitled to declaratory judgment that
Plaintiff Apex Bank has a valid and subsisting lien against the subject real property and
improvements commonly known as 219 Angel Lane Seguin GUADALUPE County Texas
FINAL DEFAULr JUDGMENT AND ORDER PAGE20F4 APEX-HEYWARDbullbull 3200 2019-02489]bmw042020
78155 (the Property) and more particularly described as follows
LOT 8 ANGELS ACRES GUADALUPE COUNTY TEXAS ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 4 PAGES 152-153 OF THE PLAT RECORDS OF GUADALUPE COUNTY TEXAS
and that Plaintiff Apex Bank is entitled to enforce its lien and is authorized by this Court
Order to foreclose against the Property by a non-judicial foreclosure to be held in accordance with
the terms and conditions of the Lien Documents TEX CONST art V sect 8 and art XVI sect 50(a)(6)
and with TEX PROP CODE sect51002
The Court also finds that all conditions precedent have been performed or have occurred
as required by TEX R Clv P 54 for Plaintiff to enforce its security interest against the Property
IT IS THEREFORE ORDERED ADJUDGED AND DECREED that Plaintiff Apex
Bank has a valid and subsisting lien against the Property and that Plaintiff Apex Bank is hereby
entitled and authorized to enforce its lien against the Property by conducting a non-judicial
foreclosure sale of the Property which shall be held in accordance with the terms and conditions
of the Lien Documents and TEX PROP CODE sect51002 and it is further
ORDERED ADJUDGED AND DECREED that this final judgment and order shall
serve as an Order of Foreclosure of the lien in accordance with TEX CONST ART XVI sect50(a)(6)
and it is further
ORDERED ADJUDGED AND DECREED that the non-judicial foreclosure shall
divest Defendants Robert W Heyward Sr Patricia A Heyward and Robert W Heyward Jr
Attorney-in-Fact for Patricia A Heyward of all of their interests in the Property and that the
purchaser of the Property at the non-judicial sale shall thereby be vested with all right title and
interest to and in the Property and it is further
ORDERED ADJUDGED AND DECREED that no personal liability or deficiency for
FINAL DEFAULT JUDGMENT AND ORDER PAGE30F4 APEX-HEYWARDbullbullbullbull3200 [2019-02489]bmw04200
the debt under the loan agreement shall be asserted against any of the Defendants and it is further
ORDERED ADJUDGED AND DECREED that Plaintiff Apex Bank recover of and
from Defendants all costs in this behalf expended and it is further
ORDERED ADJUDGED AND DECREED that after the non-judicial foreclosure sale
is held if the Property remains occupied after this judgment becomes final then the purchaser of
the Property at the foreclosure sale shall be entitled to the issuance of a writ of possession from
the clerk of this court against any occupant of the Property in accordance with TEX R Civ P 310
without further order ofthis Court and it is finally
ORDERED ADJUDGED AND DECREED that Plaintiff Apex Bank shall be allowed
such other writs and processes that may be necessary in the enforcement of Plaintiffs lien against
the Property and this Final Judgment
SIGNED on this the _n day of- JV- Q_ 2020
L Respectfully submitted
Isl Bennetti1 Wy~
Bennett M Wyse Texas State Bar No 24008315 PRATT AYCOCK LTD
5050 Quorum Dr Suite 625 Dallas Texas 75254 Office Telephone 4692944748 Alt Office Telephone 2144735551 Fax 2145409333 Email bwyseprattaycockcom Website wwwtxtnlawcom
ATTORNEYS FOR PLAINTIFF APEX BANK
FINAL DEFAULT JUDGMENT AND ORDER PAGE40F4 APEX-HEYWARDbull J00 [2019-02-189)bmw042020
GOU238 TRUSTEES NOTICE OF FORECLOSURE SALE
THE STA TE OF TEXAS )( )(
COUNTY OF GUADALUPE )(
WHEREAS by a Deed of Trust (the Deed of Trust) dated effective May 23 2018 Amanda Bean and John P Adair (the Debtor) conveyed certain property situated in Guadalupe County Texas to A Robert Raetzsch Trustee for the benefit of Concrete City Investments LLC (the bull~oteholder) to secure the indebtedness evidenced by that certain note (the Note) in the original principal amount of $8334000 which was executed by the Debtor to the Noteholder and to secure any and all other indebtedness described in the Deed of Trust
WHEREAS the Deed of Trust encumbers certain real property (the Property) located in Guadalupe County Texas described as follows
Lot 9 JACKSON EST ATES SUBDIVISION a subdivision in Guadalupe County Texas according to plat recorded in Volume 8 Page 530 Map and Plat Records Guadalupe County Texas
WHEREAS the Deed of Trust was recorded in the Official Public Records of Guadalupe County Texas under Document Number 201899011668
WHEREAS default has occurred under the terms and provisions of the Deed of Trust and the Note is now wholly due and the owner and holder of the Note has requested the undersigned as Trustee to enforce the power of sale of the Deed of Trust by selling the Property
NOW THEREFORE the undersigned as Trustee herein described hereby gives notice that Trustee will accordingly sell the Property at public auction to the highest bidder for cash AS IS at the courthouse of Guadalupe County Texas in the area designated by the commissioners court of said county for foreclosure sales of real property as evidenced by a written instrument filed in the real property records of said county being the North porch of the Guadalupe County Courthouse 101 E Court Street Seguin Guadalupe County Texas (the earliest time at which the foreclosure will be held is 1 00 oclock pm) between the hours of I 00 oclock pm and 400 oclock pm on August 4 2020 after due posting and filing of this notice and after written notice of such sale having been given by certified mail to the Debtor and any other Debtor who according to the records of the Noteholder is obligated to pay the indebtedness described above This sale will be conducted subject to the right of rescission contained in Section 51016 of the Texas Property Code
PROVIDED HOWEVER the Property is being sold subject to all matters that are prior or superior to the Deed of Trust
Assert and protect your rights if you are a member of the armed forces of the United States If you are or your spouse is serving on active military duty including active military duty as a member of the Texas National Guard or the National Guard of another state or as a member of a reserve component of the armed forces of the United States please send written notice of the active duty military service to the sender of this notice immediately
DATED this 9th day of July 2020 = cgt fJ c r
A Robert Raetzsch Trustee 202 N Camp Street Seguin Texas 78155
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000235 NOTICE OF TRUSTEES SALE
OWNER OF RECORD Justin R Arraiga and Amanda L Struble LIEN HOLDER Cibolo Vistas Homeowners Association AMOUNT OF LIEN $366899 ($135099 homeowner assessments and late
fees $231800 attorneys fees and expenses) Does not include quarterly assessment of $7500 levied on July 1 2020
PROPERTY ADDRESS 116 Tranquil View Cibolo Texas 78108 LEGAL DESCRIPTION Lot 5 Block 1 Cibolo Vistas Subdivision Phase 3B and 2C-
1 Guadalupe County Texas
Notice is hereby given that the above-described Property is encumbered and the Owners are legally indebted to the lien holder in the amount set forth above for due but unpaid owners association assessments late fees legal expenses and filing fees levied and authorized pursuant to the Declaration of Covenants Conditions and Restrictions for Cibolo Vistas Phase-I and Providing for Cibolo Vistas Homeowners Association executed on March 23 2007 recorded in Volume 2457 Page 214 Official Public Records of Real Property of Guadalupe County Texas as amended by the Supplemental Declaration of Covenants Conditions and Restrictions for Cibolo Vistas Phase 3B and 2C-1 and Phase 3C executed on January 18 2013 recorded in Volume 4048 Page 311 Official Public Records of Real Property of Guadalupe County Texas as amended Notice is further given that the amount of the Lien may increase if future assessments are not timely paid and said subsequent indebtedness will be secured by the Lien herein described
Cibolo Vistas Homeowners Association hereby gives notice that the above-described Property will be auctioned for sale at a public sale held at the place designated for public foreclosure auctions by the Commissioners of Guadalupe County Texas The sale shall commence no earlier than 1000 am on August 4 2020 The property will be sold to the highest bidder for cash or some other form of payment acceptable to the Lien Holder
Pursuant to the Texas Property Code the Owners of the Property may have a right not later than the 180th day after the date written notice of the sale is mailed to the Owners to redeem the Property The purchaser at the foreclosure sale may not transfer ownership of the Property to a person other than the redeeming Owner during the redemption period
Executed on July 2 2020
gt- CIBOLO VISTAS HOMEOWNERS D ASSOCIATION a Texas non-profit
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ST A TE OF TEXAS sect sect
COUNTY OF BEXAR sect
Before me the undersigned notary public on this day personally appeared Tom L Nevrton Jr acting on behalf of CIBOLO VISTAS HOMEOWNERS ASSOCIATION known to me or proved to me by presentation to me of a governmentally-issued identification card to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that they executed it for the purposes and consideration expressed in it
Given under my hand and seal of office on July 2 2020
Notary~~~xas AFTER RECORDING RETURN TO Tom L Newton Jr Allen Stein amp Durbin PC P 0 Box 101507 San Antonio Texas 78201
0591800391932659jh
-2-
000236
NOTICE OF SUBSTITUTE TRUSTEES SALE
Assert and protect your rights as a member of the armed forces of the Unites States If you are or your spouse is serving on active military duty including active military duty as a member of the Texas National Guard or the National Guard of another state or as a member of a reserve component of the armed forces of the United States please send written notice of the active duty military service to the sender of this notice immediately
Home Equity Deed of Trust
Date of Security Instrument February 23 2004
Grantor Robert W Heyward and Patricia A Heyward
Original Mortgagee MERS (for The CIT GroupConsumer Finance Inc)
Recording Information Instrument 04077 Vol 1972 Page 953 Official Public Real Property (Deed) Records of Guadalupe County Texas
Current Mortgagee Apex Bank (f7ka Bank of Camden)
Mortgage Servicer Pursuant to any Servicing Agreement between the Mortgage Servicer and Mortgagee the Mortgage Servicer is authorized to represent the Mortgagee Pursuant to any Servicing agreement and Texas Property Code sect 51 0025 the Mortgage Servicer is authorized to collect the debt and to administer any resulting foreclosure of the lien securing the Property referenced above
Date of Sale August 4 2020 Time of Sale 1100 am or not later than three hours after that time Place of Sale THE NORTH PORCH OF THE GUADALUPE COUNTY COURTHOUSE
OR IF THE PRECEDING AREA IS NO LONGER THE DESIGNATED AREA AT THE AREA MOST RECENTLY DESIGNATED BY THE GUADALUPE COUNTY COMMISSIONERS COURT
Legal Description of Property to be sold
LOT 8 ANGELS ACRES GUADALUPE COUNTY TEXAS ACCORDING TO THE MAP OR PLAT THEREOF RE(ORDED IN VOLUME 4 PAGES 152-153 OF THE PLAT-lt REeuroORQS OF =-GUADALUPE COUNTY TEXAS ~ ~ 0
~ c ~ 5iii r- i
Terms of sale Cash i
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NOTICE OF SUBSTITUTE TRUSTEES SALE PAGE 1 OF2 APEX-HEYWARD [2019-02489]070620bmw
11111 IH 11111111 lnl 111111111111111111 4725196
Substitute Trustee PRATT AYCOCK LTD 5050 Quorum Dr Suite 625 Dallas Texas 75254 Tele 469-294-4748 bwyseprattaycockcom
~~~ After filing return to
PRATT AYCOCK LTD Attn Bennett M Wyse 5050 Quorum Dr Suite 625 Dallas Texas 75254
NOTICE OF SUBSTITUTE TRUSTEES SALE PAOE20F2 APEX-HEYWARD [2019-02489]070620bmw
l
CAUSE NO 20-0481-CV-A
APEX BANK fka BANK OF CAMDEN
Plaintiff
v
ROBERT W HEYWARD SR PATRICIA A HEYWARD and ROBERT W HEYWARD JR ATTORNEY-IN-FACT FOR PATRICIA A HEYWARD
Defe11da11ts
IN RE 219 ANGEL LANE SEGUIN TEXAS 78155
sect sect sect sect sect sect sect sect sect sect sect sect
sect sect sect sect sect
IN THE DISTRICT COURT FILED
J21 M
JUN 3 0 2020
OF GUADALUPE COUNTY TEXAS
2o 2ST11 JUDICIAL DISTRICT
FINAL DEFAULT JUDGMENT AGAINST DEFENDANTS ROBERT W HEYWARD SR PATRICIA A HEYWARD
AND ROBERT W HEYWARD JR ATTORNEY-IN-FACT FOR PATRICIA A HEYWARD AND ORDER AUTHORIZING NON-JUDICIAL FORECLOSURE
CAME ON this date entered below for consideration Plaintiffs Motion for Entry of Final
Default Judgment against Robert W Heyward Sr Patricia A Hevward and Robert W Heyward
Jr Attorney-in-Fact for Patricia A Heyward and Order Authorizing Non-Judicial Foreclosure in
the above-entitled and numbered cause wherein Apex Bank fka Bank of Camden (hereinafter
Apex Bank) is Plaintiff and Robert W Heyward Sr Patricia A Heyward and Robert W
Heyward Jr Attorney-in-Fact for Patricia A Heyward are the Defendants against whom
judgment shall be rendered
The Plaintiff through its attorney of record has announced ready for trial Defendants
Robert W Heyward Sr Patricia A Heyward and Robert W Heyward Jr Attorney-in-Fact for
Patricia A Heyward although having been duly and legally cited to appear and answer failed to
FINAL DEFAULT JUDGMENT AND ORDER PAGE I OF4 APEX-HEYWARD 3200 (2019-02489]bmw 04i20i20
appear and answer and wholly made default
Plaintiff appeared by and through its attorney of record Citations were served on
Defendants Robert W Heyward Sr Patricia A Heyward and Robert W Heyward Jr Attorneyshy
in-Fact for Patricia A Heyward according to law and returned to the Clerk where they remained
on file for the time required by law
The case was presented to the Court The Court having read the pleadings and the
documents on file has determined that it has jurisdiction over the subject matter and of the parties
to this proceeding and is of the opinion that the allegations of Plaintiff have been admitted against
Defendants Robert W Heyward Sr Patricia A Heyward and Robert W Heyward Jr Attorneyshy
in-Fact for Patricia A Heyward
The Court finds that Defendants Robert W Heyward Sr and Patricia A Heyward
executed a Promissory Note and Allonge (Note) and a Texas Home Equity Deed of Trust
(Lien) (collectively the Loan Agreement) for the benefit of The CIT GroupConsumer
Finance Inc (the Original Lender) on or about February 23 2004 and the Loan Agreement
(Note and Lien) was subsequently assigned to Bank of Camden nka Apex Bank on or about June
5 2012 as shown by Plaintiffs pleadings and the evidence on file with the Court
The Court also finds that the account with Apex Bank (as described in the affidavit of a
representative of Plaintiff Apex Bank on file with the Court) went into default and the default
was not cured and the account has been accelerated
The Court further finds that Plaintiff Apex Bank is entitled to declaratory judgment that
Plaintiff Apex Bank has a valid and subsisting lien against the subject real property and
improvements commonly known as 219 Angel Lane Seguin GUADALUPE County Texas
FINAL DEFAULr JUDGMENT AND ORDER PAGE20F4 APEX-HEYWARDbullbull 3200 2019-02489]bmw042020
78155 (the Property) and more particularly described as follows
LOT 8 ANGELS ACRES GUADALUPE COUNTY TEXAS ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 4 PAGES 152-153 OF THE PLAT RECORDS OF GUADALUPE COUNTY TEXAS
and that Plaintiff Apex Bank is entitled to enforce its lien and is authorized by this Court
Order to foreclose against the Property by a non-judicial foreclosure to be held in accordance with
the terms and conditions of the Lien Documents TEX CONST art V sect 8 and art XVI sect 50(a)(6)
and with TEX PROP CODE sect51002
The Court also finds that all conditions precedent have been performed or have occurred
as required by TEX R Clv P 54 for Plaintiff to enforce its security interest against the Property
IT IS THEREFORE ORDERED ADJUDGED AND DECREED that Plaintiff Apex
Bank has a valid and subsisting lien against the Property and that Plaintiff Apex Bank is hereby
entitled and authorized to enforce its lien against the Property by conducting a non-judicial
foreclosure sale of the Property which shall be held in accordance with the terms and conditions
of the Lien Documents and TEX PROP CODE sect51002 and it is further
ORDERED ADJUDGED AND DECREED that this final judgment and order shall
serve as an Order of Foreclosure of the lien in accordance with TEX CONST ART XVI sect50(a)(6)
and it is further
ORDERED ADJUDGED AND DECREED that the non-judicial foreclosure shall
divest Defendants Robert W Heyward Sr Patricia A Heyward and Robert W Heyward Jr
Attorney-in-Fact for Patricia A Heyward of all of their interests in the Property and that the
purchaser of the Property at the non-judicial sale shall thereby be vested with all right title and
interest to and in the Property and it is further
ORDERED ADJUDGED AND DECREED that no personal liability or deficiency for
FINAL DEFAULT JUDGMENT AND ORDER PAGE30F4 APEX-HEYWARDbullbullbullbull3200 [2019-02489]bmw04200
the debt under the loan agreement shall be asserted against any of the Defendants and it is further
ORDERED ADJUDGED AND DECREED that Plaintiff Apex Bank recover of and
from Defendants all costs in this behalf expended and it is further
ORDERED ADJUDGED AND DECREED that after the non-judicial foreclosure sale
is held if the Property remains occupied after this judgment becomes final then the purchaser of
the Property at the foreclosure sale shall be entitled to the issuance of a writ of possession from
the clerk of this court against any occupant of the Property in accordance with TEX R Civ P 310
without further order ofthis Court and it is finally
ORDERED ADJUDGED AND DECREED that Plaintiff Apex Bank shall be allowed
such other writs and processes that may be necessary in the enforcement of Plaintiffs lien against
the Property and this Final Judgment
SIGNED on this the _n day of- JV- Q_ 2020
L Respectfully submitted
Isl Bennetti1 Wy~
Bennett M Wyse Texas State Bar No 24008315 PRATT AYCOCK LTD
5050 Quorum Dr Suite 625 Dallas Texas 75254 Office Telephone 4692944748 Alt Office Telephone 2144735551 Fax 2145409333 Email bwyseprattaycockcom Website wwwtxtnlawcom
ATTORNEYS FOR PLAINTIFF APEX BANK
FINAL DEFAULT JUDGMENT AND ORDER PAGE40F4 APEX-HEYWARDbull J00 [2019-02-189)bmw042020
GOU238 TRUSTEES NOTICE OF FORECLOSURE SALE
THE STA TE OF TEXAS )( )(
COUNTY OF GUADALUPE )(
WHEREAS by a Deed of Trust (the Deed of Trust) dated effective May 23 2018 Amanda Bean and John P Adair (the Debtor) conveyed certain property situated in Guadalupe County Texas to A Robert Raetzsch Trustee for the benefit of Concrete City Investments LLC (the bull~oteholder) to secure the indebtedness evidenced by that certain note (the Note) in the original principal amount of $8334000 which was executed by the Debtor to the Noteholder and to secure any and all other indebtedness described in the Deed of Trust
WHEREAS the Deed of Trust encumbers certain real property (the Property) located in Guadalupe County Texas described as follows
Lot 9 JACKSON EST ATES SUBDIVISION a subdivision in Guadalupe County Texas according to plat recorded in Volume 8 Page 530 Map and Plat Records Guadalupe County Texas
WHEREAS the Deed of Trust was recorded in the Official Public Records of Guadalupe County Texas under Document Number 201899011668
WHEREAS default has occurred under the terms and provisions of the Deed of Trust and the Note is now wholly due and the owner and holder of the Note has requested the undersigned as Trustee to enforce the power of sale of the Deed of Trust by selling the Property
NOW THEREFORE the undersigned as Trustee herein described hereby gives notice that Trustee will accordingly sell the Property at public auction to the highest bidder for cash AS IS at the courthouse of Guadalupe County Texas in the area designated by the commissioners court of said county for foreclosure sales of real property as evidenced by a written instrument filed in the real property records of said county being the North porch of the Guadalupe County Courthouse 101 E Court Street Seguin Guadalupe County Texas (the earliest time at which the foreclosure will be held is 1 00 oclock pm) between the hours of I 00 oclock pm and 400 oclock pm on August 4 2020 after due posting and filing of this notice and after written notice of such sale having been given by certified mail to the Debtor and any other Debtor who according to the records of the Noteholder is obligated to pay the indebtedness described above This sale will be conducted subject to the right of rescission contained in Section 51016 of the Texas Property Code
PROVIDED HOWEVER the Property is being sold subject to all matters that are prior or superior to the Deed of Trust
Assert and protect your rights if you are a member of the armed forces of the United States If you are or your spouse is serving on active military duty including active military duty as a member of the Texas National Guard or the National Guard of another state or as a member of a reserve component of the armed forces of the United States please send written notice of the active duty military service to the sender of this notice immediately
DATED this 9th day of July 2020 = cgt fJ c r
A Robert Raetzsch Trustee 202 N Camp Street Seguin Texas 78155
2 r
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rmiddotmiddot 1 ~
_ r~ i
middotlt rn 0
ST A TE OF TEXAS sect sect
COUNTY OF BEXAR sect
Before me the undersigned notary public on this day personally appeared Tom L Nevrton Jr acting on behalf of CIBOLO VISTAS HOMEOWNERS ASSOCIATION known to me or proved to me by presentation to me of a governmentally-issued identification card to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that they executed it for the purposes and consideration expressed in it
Given under my hand and seal of office on July 2 2020
Notary~~~xas AFTER RECORDING RETURN TO Tom L Newton Jr Allen Stein amp Durbin PC P 0 Box 101507 San Antonio Texas 78201
0591800391932659jh
-2-
000236
NOTICE OF SUBSTITUTE TRUSTEES SALE
Assert and protect your rights as a member of the armed forces of the Unites States If you are or your spouse is serving on active military duty including active military duty as a member of the Texas National Guard or the National Guard of another state or as a member of a reserve component of the armed forces of the United States please send written notice of the active duty military service to the sender of this notice immediately
Home Equity Deed of Trust
Date of Security Instrument February 23 2004
Grantor Robert W Heyward and Patricia A Heyward
Original Mortgagee MERS (for The CIT GroupConsumer Finance Inc)
Recording Information Instrument 04077 Vol 1972 Page 953 Official Public Real Property (Deed) Records of Guadalupe County Texas
Current Mortgagee Apex Bank (f7ka Bank of Camden)
Mortgage Servicer Pursuant to any Servicing Agreement between the Mortgage Servicer and Mortgagee the Mortgage Servicer is authorized to represent the Mortgagee Pursuant to any Servicing agreement and Texas Property Code sect 51 0025 the Mortgage Servicer is authorized to collect the debt and to administer any resulting foreclosure of the lien securing the Property referenced above
Date of Sale August 4 2020 Time of Sale 1100 am or not later than three hours after that time Place of Sale THE NORTH PORCH OF THE GUADALUPE COUNTY COURTHOUSE
OR IF THE PRECEDING AREA IS NO LONGER THE DESIGNATED AREA AT THE AREA MOST RECENTLY DESIGNATED BY THE GUADALUPE COUNTY COMMISSIONERS COURT
Legal Description of Property to be sold
LOT 8 ANGELS ACRES GUADALUPE COUNTY TEXAS ACCORDING TO THE MAP OR PLAT THEREOF RE(ORDED IN VOLUME 4 PAGES 152-153 OF THE PLAT-lt REeuroORQS OF =-GUADALUPE COUNTY TEXAS ~ ~ 0
~ c ~ 5iii r- i
Terms of sale Cash i
~t -0 ~ ~ bull ~ lgt -t_r X bull-_ ~r- 0 m () ~
- CJ1 _ ~ 0 -lt
NOTICE OF SUBSTITUTE TRUSTEES SALE PAGE 1 OF2 APEX-HEYWARD [2019-02489]070620bmw
11111 IH 11111111 lnl 111111111111111111 4725196
Substitute Trustee PRATT AYCOCK LTD 5050 Quorum Dr Suite 625 Dallas Texas 75254 Tele 469-294-4748 bwyseprattaycockcom
~~~ After filing return to
PRATT AYCOCK LTD Attn Bennett M Wyse 5050 Quorum Dr Suite 625 Dallas Texas 75254
NOTICE OF SUBSTITUTE TRUSTEES SALE PAOE20F2 APEX-HEYWARD [2019-02489]070620bmw
l
CAUSE NO 20-0481-CV-A
APEX BANK fka BANK OF CAMDEN
Plaintiff
v
ROBERT W HEYWARD SR PATRICIA A HEYWARD and ROBERT W HEYWARD JR ATTORNEY-IN-FACT FOR PATRICIA A HEYWARD
Defe11da11ts
IN RE 219 ANGEL LANE SEGUIN TEXAS 78155
sect sect sect sect sect sect sect sect sect sect sect sect
sect sect sect sect sect
IN THE DISTRICT COURT FILED
J21 M
JUN 3 0 2020
OF GUADALUPE COUNTY TEXAS
2o 2ST11 JUDICIAL DISTRICT
FINAL DEFAULT JUDGMENT AGAINST DEFENDANTS ROBERT W HEYWARD SR PATRICIA A HEYWARD
AND ROBERT W HEYWARD JR ATTORNEY-IN-FACT FOR PATRICIA A HEYWARD AND ORDER AUTHORIZING NON-JUDICIAL FORECLOSURE
CAME ON this date entered below for consideration Plaintiffs Motion for Entry of Final
Default Judgment against Robert W Heyward Sr Patricia A Hevward and Robert W Heyward
Jr Attorney-in-Fact for Patricia A Heyward and Order Authorizing Non-Judicial Foreclosure in
the above-entitled and numbered cause wherein Apex Bank fka Bank of Camden (hereinafter
Apex Bank) is Plaintiff and Robert W Heyward Sr Patricia A Heyward and Robert W
Heyward Jr Attorney-in-Fact for Patricia A Heyward are the Defendants against whom
judgment shall be rendered
The Plaintiff through its attorney of record has announced ready for trial Defendants
Robert W Heyward Sr Patricia A Heyward and Robert W Heyward Jr Attorney-in-Fact for
Patricia A Heyward although having been duly and legally cited to appear and answer failed to
FINAL DEFAULT JUDGMENT AND ORDER PAGE I OF4 APEX-HEYWARD 3200 (2019-02489]bmw 04i20i20
appear and answer and wholly made default
Plaintiff appeared by and through its attorney of record Citations were served on
Defendants Robert W Heyward Sr Patricia A Heyward and Robert W Heyward Jr Attorneyshy
in-Fact for Patricia A Heyward according to law and returned to the Clerk where they remained
on file for the time required by law
The case was presented to the Court The Court having read the pleadings and the
documents on file has determined that it has jurisdiction over the subject matter and of the parties
to this proceeding and is of the opinion that the allegations of Plaintiff have been admitted against
Defendants Robert W Heyward Sr Patricia A Heyward and Robert W Heyward Jr Attorneyshy
in-Fact for Patricia A Heyward
The Court finds that Defendants Robert W Heyward Sr and Patricia A Heyward
executed a Promissory Note and Allonge (Note) and a Texas Home Equity Deed of Trust
(Lien) (collectively the Loan Agreement) for the benefit of The CIT GroupConsumer
Finance Inc (the Original Lender) on or about February 23 2004 and the Loan Agreement
(Note and Lien) was subsequently assigned to Bank of Camden nka Apex Bank on or about June
5 2012 as shown by Plaintiffs pleadings and the evidence on file with the Court
The Court also finds that the account with Apex Bank (as described in the affidavit of a
representative of Plaintiff Apex Bank on file with the Court) went into default and the default
was not cured and the account has been accelerated
The Court further finds that Plaintiff Apex Bank is entitled to declaratory judgment that
Plaintiff Apex Bank has a valid and subsisting lien against the subject real property and
improvements commonly known as 219 Angel Lane Seguin GUADALUPE County Texas
FINAL DEFAULr JUDGMENT AND ORDER PAGE20F4 APEX-HEYWARDbullbull 3200 2019-02489]bmw042020
78155 (the Property) and more particularly described as follows
LOT 8 ANGELS ACRES GUADALUPE COUNTY TEXAS ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 4 PAGES 152-153 OF THE PLAT RECORDS OF GUADALUPE COUNTY TEXAS
and that Plaintiff Apex Bank is entitled to enforce its lien and is authorized by this Court
Order to foreclose against the Property by a non-judicial foreclosure to be held in accordance with
the terms and conditions of the Lien Documents TEX CONST art V sect 8 and art XVI sect 50(a)(6)
and with TEX PROP CODE sect51002
The Court also finds that all conditions precedent have been performed or have occurred
as required by TEX R Clv P 54 for Plaintiff to enforce its security interest against the Property
IT IS THEREFORE ORDERED ADJUDGED AND DECREED that Plaintiff Apex
Bank has a valid and subsisting lien against the Property and that Plaintiff Apex Bank is hereby
entitled and authorized to enforce its lien against the Property by conducting a non-judicial
foreclosure sale of the Property which shall be held in accordance with the terms and conditions
of the Lien Documents and TEX PROP CODE sect51002 and it is further
ORDERED ADJUDGED AND DECREED that this final judgment and order shall
serve as an Order of Foreclosure of the lien in accordance with TEX CONST ART XVI sect50(a)(6)
and it is further
ORDERED ADJUDGED AND DECREED that the non-judicial foreclosure shall
divest Defendants Robert W Heyward Sr Patricia A Heyward and Robert W Heyward Jr
Attorney-in-Fact for Patricia A Heyward of all of their interests in the Property and that the
purchaser of the Property at the non-judicial sale shall thereby be vested with all right title and
interest to and in the Property and it is further
ORDERED ADJUDGED AND DECREED that no personal liability or deficiency for
FINAL DEFAULT JUDGMENT AND ORDER PAGE30F4 APEX-HEYWARDbullbullbullbull3200 [2019-02489]bmw04200
the debt under the loan agreement shall be asserted against any of the Defendants and it is further
ORDERED ADJUDGED AND DECREED that Plaintiff Apex Bank recover of and
from Defendants all costs in this behalf expended and it is further
ORDERED ADJUDGED AND DECREED that after the non-judicial foreclosure sale
is held if the Property remains occupied after this judgment becomes final then the purchaser of
the Property at the foreclosure sale shall be entitled to the issuance of a writ of possession from
the clerk of this court against any occupant of the Property in accordance with TEX R Civ P 310
without further order ofthis Court and it is finally
ORDERED ADJUDGED AND DECREED that Plaintiff Apex Bank shall be allowed
such other writs and processes that may be necessary in the enforcement of Plaintiffs lien against
the Property and this Final Judgment
SIGNED on this the _n day of- JV- Q_ 2020
L Respectfully submitted
Isl Bennetti1 Wy~
Bennett M Wyse Texas State Bar No 24008315 PRATT AYCOCK LTD
5050 Quorum Dr Suite 625 Dallas Texas 75254 Office Telephone 4692944748 Alt Office Telephone 2144735551 Fax 2145409333 Email bwyseprattaycockcom Website wwwtxtnlawcom
ATTORNEYS FOR PLAINTIFF APEX BANK
FINAL DEFAULT JUDGMENT AND ORDER PAGE40F4 APEX-HEYWARDbull J00 [2019-02-189)bmw042020
GOU238 TRUSTEES NOTICE OF FORECLOSURE SALE
THE STA TE OF TEXAS )( )(
COUNTY OF GUADALUPE )(
WHEREAS by a Deed of Trust (the Deed of Trust) dated effective May 23 2018 Amanda Bean and John P Adair (the Debtor) conveyed certain property situated in Guadalupe County Texas to A Robert Raetzsch Trustee for the benefit of Concrete City Investments LLC (the bull~oteholder) to secure the indebtedness evidenced by that certain note (the Note) in the original principal amount of $8334000 which was executed by the Debtor to the Noteholder and to secure any and all other indebtedness described in the Deed of Trust
WHEREAS the Deed of Trust encumbers certain real property (the Property) located in Guadalupe County Texas described as follows
Lot 9 JACKSON EST ATES SUBDIVISION a subdivision in Guadalupe County Texas according to plat recorded in Volume 8 Page 530 Map and Plat Records Guadalupe County Texas
WHEREAS the Deed of Trust was recorded in the Official Public Records of Guadalupe County Texas under Document Number 201899011668
WHEREAS default has occurred under the terms and provisions of the Deed of Trust and the Note is now wholly due and the owner and holder of the Note has requested the undersigned as Trustee to enforce the power of sale of the Deed of Trust by selling the Property
NOW THEREFORE the undersigned as Trustee herein described hereby gives notice that Trustee will accordingly sell the Property at public auction to the highest bidder for cash AS IS at the courthouse of Guadalupe County Texas in the area designated by the commissioners court of said county for foreclosure sales of real property as evidenced by a written instrument filed in the real property records of said county being the North porch of the Guadalupe County Courthouse 101 E Court Street Seguin Guadalupe County Texas (the earliest time at which the foreclosure will be held is 1 00 oclock pm) between the hours of I 00 oclock pm and 400 oclock pm on August 4 2020 after due posting and filing of this notice and after written notice of such sale having been given by certified mail to the Debtor and any other Debtor who according to the records of the Noteholder is obligated to pay the indebtedness described above This sale will be conducted subject to the right of rescission contained in Section 51016 of the Texas Property Code
PROVIDED HOWEVER the Property is being sold subject to all matters that are prior or superior to the Deed of Trust
Assert and protect your rights if you are a member of the armed forces of the United States If you are or your spouse is serving on active military duty including active military duty as a member of the Texas National Guard or the National Guard of another state or as a member of a reserve component of the armed forces of the United States please send written notice of the active duty military service to the sender of this notice immediately
DATED this 9th day of July 2020 = cgt fJ c r
A Robert Raetzsch Trustee 202 N Camp Street Seguin Texas 78155
2 r
I 0
-u x ~ CJ1 w
rmiddotmiddot 1 ~
_ r~ i
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000236
NOTICE OF SUBSTITUTE TRUSTEES SALE
Assert and protect your rights as a member of the armed forces of the Unites States If you are or your spouse is serving on active military duty including active military duty as a member of the Texas National Guard or the National Guard of another state or as a member of a reserve component of the armed forces of the United States please send written notice of the active duty military service to the sender of this notice immediately
Home Equity Deed of Trust
Date of Security Instrument February 23 2004
Grantor Robert W Heyward and Patricia A Heyward
Original Mortgagee MERS (for The CIT GroupConsumer Finance Inc)
Recording Information Instrument 04077 Vol 1972 Page 953 Official Public Real Property (Deed) Records of Guadalupe County Texas
Current Mortgagee Apex Bank (f7ka Bank of Camden)
Mortgage Servicer Pursuant to any Servicing Agreement between the Mortgage Servicer and Mortgagee the Mortgage Servicer is authorized to represent the Mortgagee Pursuant to any Servicing agreement and Texas Property Code sect 51 0025 the Mortgage Servicer is authorized to collect the debt and to administer any resulting foreclosure of the lien securing the Property referenced above
Date of Sale August 4 2020 Time of Sale 1100 am or not later than three hours after that time Place of Sale THE NORTH PORCH OF THE GUADALUPE COUNTY COURTHOUSE
OR IF THE PRECEDING AREA IS NO LONGER THE DESIGNATED AREA AT THE AREA MOST RECENTLY DESIGNATED BY THE GUADALUPE COUNTY COMMISSIONERS COURT
Legal Description of Property to be sold
LOT 8 ANGELS ACRES GUADALUPE COUNTY TEXAS ACCORDING TO THE MAP OR PLAT THEREOF RE(ORDED IN VOLUME 4 PAGES 152-153 OF THE PLAT-lt REeuroORQS OF =-GUADALUPE COUNTY TEXAS ~ ~ 0
~ c ~ 5iii r- i
Terms of sale Cash i
~t -0 ~ ~ bull ~ lgt -t_r X bull-_ ~r- 0 m () ~
- CJ1 _ ~ 0 -lt
NOTICE OF SUBSTITUTE TRUSTEES SALE PAGE 1 OF2 APEX-HEYWARD [2019-02489]070620bmw
11111 IH 11111111 lnl 111111111111111111 4725196
Substitute Trustee PRATT AYCOCK LTD 5050 Quorum Dr Suite 625 Dallas Texas 75254 Tele 469-294-4748 bwyseprattaycockcom
~~~ After filing return to
PRATT AYCOCK LTD Attn Bennett M Wyse 5050 Quorum Dr Suite 625 Dallas Texas 75254
NOTICE OF SUBSTITUTE TRUSTEES SALE PAOE20F2 APEX-HEYWARD [2019-02489]070620bmw
l
CAUSE NO 20-0481-CV-A
APEX BANK fka BANK OF CAMDEN
Plaintiff
v
ROBERT W HEYWARD SR PATRICIA A HEYWARD and ROBERT W HEYWARD JR ATTORNEY-IN-FACT FOR PATRICIA A HEYWARD
Defe11da11ts
IN RE 219 ANGEL LANE SEGUIN TEXAS 78155
sect sect sect sect sect sect sect sect sect sect sect sect
sect sect sect sect sect
IN THE DISTRICT COURT FILED
J21 M
JUN 3 0 2020
OF GUADALUPE COUNTY TEXAS
2o 2ST11 JUDICIAL DISTRICT
FINAL DEFAULT JUDGMENT AGAINST DEFENDANTS ROBERT W HEYWARD SR PATRICIA A HEYWARD
AND ROBERT W HEYWARD JR ATTORNEY-IN-FACT FOR PATRICIA A HEYWARD AND ORDER AUTHORIZING NON-JUDICIAL FORECLOSURE
CAME ON this date entered below for consideration Plaintiffs Motion for Entry of Final
Default Judgment against Robert W Heyward Sr Patricia A Hevward and Robert W Heyward
Jr Attorney-in-Fact for Patricia A Heyward and Order Authorizing Non-Judicial Foreclosure in
the above-entitled and numbered cause wherein Apex Bank fka Bank of Camden (hereinafter
Apex Bank) is Plaintiff and Robert W Heyward Sr Patricia A Heyward and Robert W
Heyward Jr Attorney-in-Fact for Patricia A Heyward are the Defendants against whom
judgment shall be rendered
The Plaintiff through its attorney of record has announced ready for trial Defendants
Robert W Heyward Sr Patricia A Heyward and Robert W Heyward Jr Attorney-in-Fact for
Patricia A Heyward although having been duly and legally cited to appear and answer failed to
FINAL DEFAULT JUDGMENT AND ORDER PAGE I OF4 APEX-HEYWARD 3200 (2019-02489]bmw 04i20i20
appear and answer and wholly made default
Plaintiff appeared by and through its attorney of record Citations were served on
Defendants Robert W Heyward Sr Patricia A Heyward and Robert W Heyward Jr Attorneyshy
in-Fact for Patricia A Heyward according to law and returned to the Clerk where they remained
on file for the time required by law
The case was presented to the Court The Court having read the pleadings and the
documents on file has determined that it has jurisdiction over the subject matter and of the parties
to this proceeding and is of the opinion that the allegations of Plaintiff have been admitted against
Defendants Robert W Heyward Sr Patricia A Heyward and Robert W Heyward Jr Attorneyshy
in-Fact for Patricia A Heyward
The Court finds that Defendants Robert W Heyward Sr and Patricia A Heyward
executed a Promissory Note and Allonge (Note) and a Texas Home Equity Deed of Trust
(Lien) (collectively the Loan Agreement) for the benefit of The CIT GroupConsumer
Finance Inc (the Original Lender) on or about February 23 2004 and the Loan Agreement
(Note and Lien) was subsequently assigned to Bank of Camden nka Apex Bank on or about June
5 2012 as shown by Plaintiffs pleadings and the evidence on file with the Court
The Court also finds that the account with Apex Bank (as described in the affidavit of a
representative of Plaintiff Apex Bank on file with the Court) went into default and the default
was not cured and the account has been accelerated
The Court further finds that Plaintiff Apex Bank is entitled to declaratory judgment that
Plaintiff Apex Bank has a valid and subsisting lien against the subject real property and
improvements commonly known as 219 Angel Lane Seguin GUADALUPE County Texas
FINAL DEFAULr JUDGMENT AND ORDER PAGE20F4 APEX-HEYWARDbullbull 3200 2019-02489]bmw042020
78155 (the Property) and more particularly described as follows
LOT 8 ANGELS ACRES GUADALUPE COUNTY TEXAS ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 4 PAGES 152-153 OF THE PLAT RECORDS OF GUADALUPE COUNTY TEXAS
and that Plaintiff Apex Bank is entitled to enforce its lien and is authorized by this Court
Order to foreclose against the Property by a non-judicial foreclosure to be held in accordance with
the terms and conditions of the Lien Documents TEX CONST art V sect 8 and art XVI sect 50(a)(6)
and with TEX PROP CODE sect51002
The Court also finds that all conditions precedent have been performed or have occurred
as required by TEX R Clv P 54 for Plaintiff to enforce its security interest against the Property
IT IS THEREFORE ORDERED ADJUDGED AND DECREED that Plaintiff Apex
Bank has a valid and subsisting lien against the Property and that Plaintiff Apex Bank is hereby
entitled and authorized to enforce its lien against the Property by conducting a non-judicial
foreclosure sale of the Property which shall be held in accordance with the terms and conditions
of the Lien Documents and TEX PROP CODE sect51002 and it is further
ORDERED ADJUDGED AND DECREED that this final judgment and order shall
serve as an Order of Foreclosure of the lien in accordance with TEX CONST ART XVI sect50(a)(6)
and it is further
ORDERED ADJUDGED AND DECREED that the non-judicial foreclosure shall
divest Defendants Robert W Heyward Sr Patricia A Heyward and Robert W Heyward Jr
Attorney-in-Fact for Patricia A Heyward of all of their interests in the Property and that the
purchaser of the Property at the non-judicial sale shall thereby be vested with all right title and
interest to and in the Property and it is further
ORDERED ADJUDGED AND DECREED that no personal liability or deficiency for
FINAL DEFAULT JUDGMENT AND ORDER PAGE30F4 APEX-HEYWARDbullbullbullbull3200 [2019-02489]bmw04200
the debt under the loan agreement shall be asserted against any of the Defendants and it is further
ORDERED ADJUDGED AND DECREED that Plaintiff Apex Bank recover of and
from Defendants all costs in this behalf expended and it is further
ORDERED ADJUDGED AND DECREED that after the non-judicial foreclosure sale
is held if the Property remains occupied after this judgment becomes final then the purchaser of
the Property at the foreclosure sale shall be entitled to the issuance of a writ of possession from
the clerk of this court against any occupant of the Property in accordance with TEX R Civ P 310
without further order ofthis Court and it is finally
ORDERED ADJUDGED AND DECREED that Plaintiff Apex Bank shall be allowed
such other writs and processes that may be necessary in the enforcement of Plaintiffs lien against
the Property and this Final Judgment
SIGNED on this the _n day of- JV- Q_ 2020
L Respectfully submitted
Isl Bennetti1 Wy~
Bennett M Wyse Texas State Bar No 24008315 PRATT AYCOCK LTD
5050 Quorum Dr Suite 625 Dallas Texas 75254 Office Telephone 4692944748 Alt Office Telephone 2144735551 Fax 2145409333 Email bwyseprattaycockcom Website wwwtxtnlawcom
ATTORNEYS FOR PLAINTIFF APEX BANK
FINAL DEFAULT JUDGMENT AND ORDER PAGE40F4 APEX-HEYWARDbull J00 [2019-02-189)bmw042020
GOU238 TRUSTEES NOTICE OF FORECLOSURE SALE
THE STA TE OF TEXAS )( )(
COUNTY OF GUADALUPE )(
WHEREAS by a Deed of Trust (the Deed of Trust) dated effective May 23 2018 Amanda Bean and John P Adair (the Debtor) conveyed certain property situated in Guadalupe County Texas to A Robert Raetzsch Trustee for the benefit of Concrete City Investments LLC (the bull~oteholder) to secure the indebtedness evidenced by that certain note (the Note) in the original principal amount of $8334000 which was executed by the Debtor to the Noteholder and to secure any and all other indebtedness described in the Deed of Trust
WHEREAS the Deed of Trust encumbers certain real property (the Property) located in Guadalupe County Texas described as follows
Lot 9 JACKSON EST ATES SUBDIVISION a subdivision in Guadalupe County Texas according to plat recorded in Volume 8 Page 530 Map and Plat Records Guadalupe County Texas
WHEREAS the Deed of Trust was recorded in the Official Public Records of Guadalupe County Texas under Document Number 201899011668
WHEREAS default has occurred under the terms and provisions of the Deed of Trust and the Note is now wholly due and the owner and holder of the Note has requested the undersigned as Trustee to enforce the power of sale of the Deed of Trust by selling the Property
NOW THEREFORE the undersigned as Trustee herein described hereby gives notice that Trustee will accordingly sell the Property at public auction to the highest bidder for cash AS IS at the courthouse of Guadalupe County Texas in the area designated by the commissioners court of said county for foreclosure sales of real property as evidenced by a written instrument filed in the real property records of said county being the North porch of the Guadalupe County Courthouse 101 E Court Street Seguin Guadalupe County Texas (the earliest time at which the foreclosure will be held is 1 00 oclock pm) between the hours of I 00 oclock pm and 400 oclock pm on August 4 2020 after due posting and filing of this notice and after written notice of such sale having been given by certified mail to the Debtor and any other Debtor who according to the records of the Noteholder is obligated to pay the indebtedness described above This sale will be conducted subject to the right of rescission contained in Section 51016 of the Texas Property Code
PROVIDED HOWEVER the Property is being sold subject to all matters that are prior or superior to the Deed of Trust
Assert and protect your rights if you are a member of the armed forces of the United States If you are or your spouse is serving on active military duty including active military duty as a member of the Texas National Guard or the National Guard of another state or as a member of a reserve component of the armed forces of the United States please send written notice of the active duty military service to the sender of this notice immediately
DATED this 9th day of July 2020 = cgt fJ c r
A Robert Raetzsch Trustee 202 N Camp Street Seguin Texas 78155
2 r
I 0
-u x ~ CJ1 w
rmiddotmiddot 1 ~
_ r~ i
middotlt rn 0
Substitute Trustee PRATT AYCOCK LTD 5050 Quorum Dr Suite 625 Dallas Texas 75254 Tele 469-294-4748 bwyseprattaycockcom
~~~ After filing return to
PRATT AYCOCK LTD Attn Bennett M Wyse 5050 Quorum Dr Suite 625 Dallas Texas 75254
NOTICE OF SUBSTITUTE TRUSTEES SALE PAOE20F2 APEX-HEYWARD [2019-02489]070620bmw
l
CAUSE NO 20-0481-CV-A
APEX BANK fka BANK OF CAMDEN
Plaintiff
v
ROBERT W HEYWARD SR PATRICIA A HEYWARD and ROBERT W HEYWARD JR ATTORNEY-IN-FACT FOR PATRICIA A HEYWARD
Defe11da11ts
IN RE 219 ANGEL LANE SEGUIN TEXAS 78155
sect sect sect sect sect sect sect sect sect sect sect sect
sect sect sect sect sect
IN THE DISTRICT COURT FILED
J21 M
JUN 3 0 2020
OF GUADALUPE COUNTY TEXAS
2o 2ST11 JUDICIAL DISTRICT
FINAL DEFAULT JUDGMENT AGAINST DEFENDANTS ROBERT W HEYWARD SR PATRICIA A HEYWARD
AND ROBERT W HEYWARD JR ATTORNEY-IN-FACT FOR PATRICIA A HEYWARD AND ORDER AUTHORIZING NON-JUDICIAL FORECLOSURE
CAME ON this date entered below for consideration Plaintiffs Motion for Entry of Final
Default Judgment against Robert W Heyward Sr Patricia A Hevward and Robert W Heyward
Jr Attorney-in-Fact for Patricia A Heyward and Order Authorizing Non-Judicial Foreclosure in
the above-entitled and numbered cause wherein Apex Bank fka Bank of Camden (hereinafter
Apex Bank) is Plaintiff and Robert W Heyward Sr Patricia A Heyward and Robert W
Heyward Jr Attorney-in-Fact for Patricia A Heyward are the Defendants against whom
judgment shall be rendered
The Plaintiff through its attorney of record has announced ready for trial Defendants
Robert W Heyward Sr Patricia A Heyward and Robert W Heyward Jr Attorney-in-Fact for
Patricia A Heyward although having been duly and legally cited to appear and answer failed to
FINAL DEFAULT JUDGMENT AND ORDER PAGE I OF4 APEX-HEYWARD 3200 (2019-02489]bmw 04i20i20
appear and answer and wholly made default
Plaintiff appeared by and through its attorney of record Citations were served on
Defendants Robert W Heyward Sr Patricia A Heyward and Robert W Heyward Jr Attorneyshy
in-Fact for Patricia A Heyward according to law and returned to the Clerk where they remained
on file for the time required by law
The case was presented to the Court The Court having read the pleadings and the
documents on file has determined that it has jurisdiction over the subject matter and of the parties
to this proceeding and is of the opinion that the allegations of Plaintiff have been admitted against
Defendants Robert W Heyward Sr Patricia A Heyward and Robert W Heyward Jr Attorneyshy
in-Fact for Patricia A Heyward
The Court finds that Defendants Robert W Heyward Sr and Patricia A Heyward
executed a Promissory Note and Allonge (Note) and a Texas Home Equity Deed of Trust
(Lien) (collectively the Loan Agreement) for the benefit of The CIT GroupConsumer
Finance Inc (the Original Lender) on or about February 23 2004 and the Loan Agreement
(Note and Lien) was subsequently assigned to Bank of Camden nka Apex Bank on or about June
5 2012 as shown by Plaintiffs pleadings and the evidence on file with the Court
The Court also finds that the account with Apex Bank (as described in the affidavit of a
representative of Plaintiff Apex Bank on file with the Court) went into default and the default
was not cured and the account has been accelerated
The Court further finds that Plaintiff Apex Bank is entitled to declaratory judgment that
Plaintiff Apex Bank has a valid and subsisting lien against the subject real property and
improvements commonly known as 219 Angel Lane Seguin GUADALUPE County Texas
FINAL DEFAULr JUDGMENT AND ORDER PAGE20F4 APEX-HEYWARDbullbull 3200 2019-02489]bmw042020
78155 (the Property) and more particularly described as follows
LOT 8 ANGELS ACRES GUADALUPE COUNTY TEXAS ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 4 PAGES 152-153 OF THE PLAT RECORDS OF GUADALUPE COUNTY TEXAS
and that Plaintiff Apex Bank is entitled to enforce its lien and is authorized by this Court
Order to foreclose against the Property by a non-judicial foreclosure to be held in accordance with
the terms and conditions of the Lien Documents TEX CONST art V sect 8 and art XVI sect 50(a)(6)
and with TEX PROP CODE sect51002
The Court also finds that all conditions precedent have been performed or have occurred
as required by TEX R Clv P 54 for Plaintiff to enforce its security interest against the Property
IT IS THEREFORE ORDERED ADJUDGED AND DECREED that Plaintiff Apex
Bank has a valid and subsisting lien against the Property and that Plaintiff Apex Bank is hereby
entitled and authorized to enforce its lien against the Property by conducting a non-judicial
foreclosure sale of the Property which shall be held in accordance with the terms and conditions
of the Lien Documents and TEX PROP CODE sect51002 and it is further
ORDERED ADJUDGED AND DECREED that this final judgment and order shall
serve as an Order of Foreclosure of the lien in accordance with TEX CONST ART XVI sect50(a)(6)
and it is further
ORDERED ADJUDGED AND DECREED that the non-judicial foreclosure shall
divest Defendants Robert W Heyward Sr Patricia A Heyward and Robert W Heyward Jr
Attorney-in-Fact for Patricia A Heyward of all of their interests in the Property and that the
purchaser of the Property at the non-judicial sale shall thereby be vested with all right title and
interest to and in the Property and it is further
ORDERED ADJUDGED AND DECREED that no personal liability or deficiency for
FINAL DEFAULT JUDGMENT AND ORDER PAGE30F4 APEX-HEYWARDbullbullbullbull3200 [2019-02489]bmw04200
the debt under the loan agreement shall be asserted against any of the Defendants and it is further
ORDERED ADJUDGED AND DECREED that Plaintiff Apex Bank recover of and
from Defendants all costs in this behalf expended and it is further
ORDERED ADJUDGED AND DECREED that after the non-judicial foreclosure sale
is held if the Property remains occupied after this judgment becomes final then the purchaser of
the Property at the foreclosure sale shall be entitled to the issuance of a writ of possession from
the clerk of this court against any occupant of the Property in accordance with TEX R Civ P 310
without further order ofthis Court and it is finally
ORDERED ADJUDGED AND DECREED that Plaintiff Apex Bank shall be allowed
such other writs and processes that may be necessary in the enforcement of Plaintiffs lien against
the Property and this Final Judgment
SIGNED on this the _n day of- JV- Q_ 2020
L Respectfully submitted
Isl Bennetti1 Wy~
Bennett M Wyse Texas State Bar No 24008315 PRATT AYCOCK LTD
5050 Quorum Dr Suite 625 Dallas Texas 75254 Office Telephone 4692944748 Alt Office Telephone 2144735551 Fax 2145409333 Email bwyseprattaycockcom Website wwwtxtnlawcom
ATTORNEYS FOR PLAINTIFF APEX BANK
FINAL DEFAULT JUDGMENT AND ORDER PAGE40F4 APEX-HEYWARDbull J00 [2019-02-189)bmw042020
GOU238 TRUSTEES NOTICE OF FORECLOSURE SALE
THE STA TE OF TEXAS )( )(
COUNTY OF GUADALUPE )(
WHEREAS by a Deed of Trust (the Deed of Trust) dated effective May 23 2018 Amanda Bean and John P Adair (the Debtor) conveyed certain property situated in Guadalupe County Texas to A Robert Raetzsch Trustee for the benefit of Concrete City Investments LLC (the bull~oteholder) to secure the indebtedness evidenced by that certain note (the Note) in the original principal amount of $8334000 which was executed by the Debtor to the Noteholder and to secure any and all other indebtedness described in the Deed of Trust
WHEREAS the Deed of Trust encumbers certain real property (the Property) located in Guadalupe County Texas described as follows
Lot 9 JACKSON EST ATES SUBDIVISION a subdivision in Guadalupe County Texas according to plat recorded in Volume 8 Page 530 Map and Plat Records Guadalupe County Texas
WHEREAS the Deed of Trust was recorded in the Official Public Records of Guadalupe County Texas under Document Number 201899011668
WHEREAS default has occurred under the terms and provisions of the Deed of Trust and the Note is now wholly due and the owner and holder of the Note has requested the undersigned as Trustee to enforce the power of sale of the Deed of Trust by selling the Property
NOW THEREFORE the undersigned as Trustee herein described hereby gives notice that Trustee will accordingly sell the Property at public auction to the highest bidder for cash AS IS at the courthouse of Guadalupe County Texas in the area designated by the commissioners court of said county for foreclosure sales of real property as evidenced by a written instrument filed in the real property records of said county being the North porch of the Guadalupe County Courthouse 101 E Court Street Seguin Guadalupe County Texas (the earliest time at which the foreclosure will be held is 1 00 oclock pm) between the hours of I 00 oclock pm and 400 oclock pm on August 4 2020 after due posting and filing of this notice and after written notice of such sale having been given by certified mail to the Debtor and any other Debtor who according to the records of the Noteholder is obligated to pay the indebtedness described above This sale will be conducted subject to the right of rescission contained in Section 51016 of the Texas Property Code
PROVIDED HOWEVER the Property is being sold subject to all matters that are prior or superior to the Deed of Trust
Assert and protect your rights if you are a member of the armed forces of the United States If you are or your spouse is serving on active military duty including active military duty as a member of the Texas National Guard or the National Guard of another state or as a member of a reserve component of the armed forces of the United States please send written notice of the active duty military service to the sender of this notice immediately
DATED this 9th day of July 2020 = cgt fJ c r
A Robert Raetzsch Trustee 202 N Camp Street Seguin Texas 78155
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CAUSE NO 20-0481-CV-A
APEX BANK fka BANK OF CAMDEN
Plaintiff
v
ROBERT W HEYWARD SR PATRICIA A HEYWARD and ROBERT W HEYWARD JR ATTORNEY-IN-FACT FOR PATRICIA A HEYWARD
Defe11da11ts
IN RE 219 ANGEL LANE SEGUIN TEXAS 78155
sect sect sect sect sect sect sect sect sect sect sect sect
sect sect sect sect sect
IN THE DISTRICT COURT FILED
J21 M
JUN 3 0 2020
OF GUADALUPE COUNTY TEXAS
2o 2ST11 JUDICIAL DISTRICT
FINAL DEFAULT JUDGMENT AGAINST DEFENDANTS ROBERT W HEYWARD SR PATRICIA A HEYWARD
AND ROBERT W HEYWARD JR ATTORNEY-IN-FACT FOR PATRICIA A HEYWARD AND ORDER AUTHORIZING NON-JUDICIAL FORECLOSURE
CAME ON this date entered below for consideration Plaintiffs Motion for Entry of Final
Default Judgment against Robert W Heyward Sr Patricia A Hevward and Robert W Heyward
Jr Attorney-in-Fact for Patricia A Heyward and Order Authorizing Non-Judicial Foreclosure in
the above-entitled and numbered cause wherein Apex Bank fka Bank of Camden (hereinafter
Apex Bank) is Plaintiff and Robert W Heyward Sr Patricia A Heyward and Robert W
Heyward Jr Attorney-in-Fact for Patricia A Heyward are the Defendants against whom
judgment shall be rendered
The Plaintiff through its attorney of record has announced ready for trial Defendants
Robert W Heyward Sr Patricia A Heyward and Robert W Heyward Jr Attorney-in-Fact for
Patricia A Heyward although having been duly and legally cited to appear and answer failed to
FINAL DEFAULT JUDGMENT AND ORDER PAGE I OF4 APEX-HEYWARD 3200 (2019-02489]bmw 04i20i20
appear and answer and wholly made default
Plaintiff appeared by and through its attorney of record Citations were served on
Defendants Robert W Heyward Sr Patricia A Heyward and Robert W Heyward Jr Attorneyshy
in-Fact for Patricia A Heyward according to law and returned to the Clerk where they remained
on file for the time required by law
The case was presented to the Court The Court having read the pleadings and the
documents on file has determined that it has jurisdiction over the subject matter and of the parties
to this proceeding and is of the opinion that the allegations of Plaintiff have been admitted against
Defendants Robert W Heyward Sr Patricia A Heyward and Robert W Heyward Jr Attorneyshy
in-Fact for Patricia A Heyward
The Court finds that Defendants Robert W Heyward Sr and Patricia A Heyward
executed a Promissory Note and Allonge (Note) and a Texas Home Equity Deed of Trust
(Lien) (collectively the Loan Agreement) for the benefit of The CIT GroupConsumer
Finance Inc (the Original Lender) on or about February 23 2004 and the Loan Agreement
(Note and Lien) was subsequently assigned to Bank of Camden nka Apex Bank on or about June
5 2012 as shown by Plaintiffs pleadings and the evidence on file with the Court
The Court also finds that the account with Apex Bank (as described in the affidavit of a
representative of Plaintiff Apex Bank on file with the Court) went into default and the default
was not cured and the account has been accelerated
The Court further finds that Plaintiff Apex Bank is entitled to declaratory judgment that
Plaintiff Apex Bank has a valid and subsisting lien against the subject real property and
improvements commonly known as 219 Angel Lane Seguin GUADALUPE County Texas
FINAL DEFAULr JUDGMENT AND ORDER PAGE20F4 APEX-HEYWARDbullbull 3200 2019-02489]bmw042020
78155 (the Property) and more particularly described as follows
LOT 8 ANGELS ACRES GUADALUPE COUNTY TEXAS ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 4 PAGES 152-153 OF THE PLAT RECORDS OF GUADALUPE COUNTY TEXAS
and that Plaintiff Apex Bank is entitled to enforce its lien and is authorized by this Court
Order to foreclose against the Property by a non-judicial foreclosure to be held in accordance with
the terms and conditions of the Lien Documents TEX CONST art V sect 8 and art XVI sect 50(a)(6)
and with TEX PROP CODE sect51002
The Court also finds that all conditions precedent have been performed or have occurred
as required by TEX R Clv P 54 for Plaintiff to enforce its security interest against the Property
IT IS THEREFORE ORDERED ADJUDGED AND DECREED that Plaintiff Apex
Bank has a valid and subsisting lien against the Property and that Plaintiff Apex Bank is hereby
entitled and authorized to enforce its lien against the Property by conducting a non-judicial
foreclosure sale of the Property which shall be held in accordance with the terms and conditions
of the Lien Documents and TEX PROP CODE sect51002 and it is further
ORDERED ADJUDGED AND DECREED that this final judgment and order shall
serve as an Order of Foreclosure of the lien in accordance with TEX CONST ART XVI sect50(a)(6)
and it is further
ORDERED ADJUDGED AND DECREED that the non-judicial foreclosure shall
divest Defendants Robert W Heyward Sr Patricia A Heyward and Robert W Heyward Jr
Attorney-in-Fact for Patricia A Heyward of all of their interests in the Property and that the
purchaser of the Property at the non-judicial sale shall thereby be vested with all right title and
interest to and in the Property and it is further
ORDERED ADJUDGED AND DECREED that no personal liability or deficiency for
FINAL DEFAULT JUDGMENT AND ORDER PAGE30F4 APEX-HEYWARDbullbullbullbull3200 [2019-02489]bmw04200
the debt under the loan agreement shall be asserted against any of the Defendants and it is further
ORDERED ADJUDGED AND DECREED that Plaintiff Apex Bank recover of and
from Defendants all costs in this behalf expended and it is further
ORDERED ADJUDGED AND DECREED that after the non-judicial foreclosure sale
is held if the Property remains occupied after this judgment becomes final then the purchaser of
the Property at the foreclosure sale shall be entitled to the issuance of a writ of possession from
the clerk of this court against any occupant of the Property in accordance with TEX R Civ P 310
without further order ofthis Court and it is finally
ORDERED ADJUDGED AND DECREED that Plaintiff Apex Bank shall be allowed
such other writs and processes that may be necessary in the enforcement of Plaintiffs lien against
the Property and this Final Judgment
SIGNED on this the _n day of- JV- Q_ 2020
L Respectfully submitted
Isl Bennetti1 Wy~
Bennett M Wyse Texas State Bar No 24008315 PRATT AYCOCK LTD
5050 Quorum Dr Suite 625 Dallas Texas 75254 Office Telephone 4692944748 Alt Office Telephone 2144735551 Fax 2145409333 Email bwyseprattaycockcom Website wwwtxtnlawcom
ATTORNEYS FOR PLAINTIFF APEX BANK
FINAL DEFAULT JUDGMENT AND ORDER PAGE40F4 APEX-HEYWARDbull J00 [2019-02-189)bmw042020
GOU238 TRUSTEES NOTICE OF FORECLOSURE SALE
THE STA TE OF TEXAS )( )(
COUNTY OF GUADALUPE )(
WHEREAS by a Deed of Trust (the Deed of Trust) dated effective May 23 2018 Amanda Bean and John P Adair (the Debtor) conveyed certain property situated in Guadalupe County Texas to A Robert Raetzsch Trustee for the benefit of Concrete City Investments LLC (the bull~oteholder) to secure the indebtedness evidenced by that certain note (the Note) in the original principal amount of $8334000 which was executed by the Debtor to the Noteholder and to secure any and all other indebtedness described in the Deed of Trust
WHEREAS the Deed of Trust encumbers certain real property (the Property) located in Guadalupe County Texas described as follows
Lot 9 JACKSON EST ATES SUBDIVISION a subdivision in Guadalupe County Texas according to plat recorded in Volume 8 Page 530 Map and Plat Records Guadalupe County Texas
WHEREAS the Deed of Trust was recorded in the Official Public Records of Guadalupe County Texas under Document Number 201899011668
WHEREAS default has occurred under the terms and provisions of the Deed of Trust and the Note is now wholly due and the owner and holder of the Note has requested the undersigned as Trustee to enforce the power of sale of the Deed of Trust by selling the Property
NOW THEREFORE the undersigned as Trustee herein described hereby gives notice that Trustee will accordingly sell the Property at public auction to the highest bidder for cash AS IS at the courthouse of Guadalupe County Texas in the area designated by the commissioners court of said county for foreclosure sales of real property as evidenced by a written instrument filed in the real property records of said county being the North porch of the Guadalupe County Courthouse 101 E Court Street Seguin Guadalupe County Texas (the earliest time at which the foreclosure will be held is 1 00 oclock pm) between the hours of I 00 oclock pm and 400 oclock pm on August 4 2020 after due posting and filing of this notice and after written notice of such sale having been given by certified mail to the Debtor and any other Debtor who according to the records of the Noteholder is obligated to pay the indebtedness described above This sale will be conducted subject to the right of rescission contained in Section 51016 of the Texas Property Code
PROVIDED HOWEVER the Property is being sold subject to all matters that are prior or superior to the Deed of Trust
Assert and protect your rights if you are a member of the armed forces of the United States If you are or your spouse is serving on active military duty including active military duty as a member of the Texas National Guard or the National Guard of another state or as a member of a reserve component of the armed forces of the United States please send written notice of the active duty military service to the sender of this notice immediately
DATED this 9th day of July 2020 = cgt fJ c r
A Robert Raetzsch Trustee 202 N Camp Street Seguin Texas 78155
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appear and answer and wholly made default
Plaintiff appeared by and through its attorney of record Citations were served on
Defendants Robert W Heyward Sr Patricia A Heyward and Robert W Heyward Jr Attorneyshy
in-Fact for Patricia A Heyward according to law and returned to the Clerk where they remained
on file for the time required by law
The case was presented to the Court The Court having read the pleadings and the
documents on file has determined that it has jurisdiction over the subject matter and of the parties
to this proceeding and is of the opinion that the allegations of Plaintiff have been admitted against
Defendants Robert W Heyward Sr Patricia A Heyward and Robert W Heyward Jr Attorneyshy
in-Fact for Patricia A Heyward
The Court finds that Defendants Robert W Heyward Sr and Patricia A Heyward
executed a Promissory Note and Allonge (Note) and a Texas Home Equity Deed of Trust
(Lien) (collectively the Loan Agreement) for the benefit of The CIT GroupConsumer
Finance Inc (the Original Lender) on or about February 23 2004 and the Loan Agreement
(Note and Lien) was subsequently assigned to Bank of Camden nka Apex Bank on or about June
5 2012 as shown by Plaintiffs pleadings and the evidence on file with the Court
The Court also finds that the account with Apex Bank (as described in the affidavit of a
representative of Plaintiff Apex Bank on file with the Court) went into default and the default
was not cured and the account has been accelerated
The Court further finds that Plaintiff Apex Bank is entitled to declaratory judgment that
Plaintiff Apex Bank has a valid and subsisting lien against the subject real property and
improvements commonly known as 219 Angel Lane Seguin GUADALUPE County Texas
FINAL DEFAULr JUDGMENT AND ORDER PAGE20F4 APEX-HEYWARDbullbull 3200 2019-02489]bmw042020
78155 (the Property) and more particularly described as follows
LOT 8 ANGELS ACRES GUADALUPE COUNTY TEXAS ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 4 PAGES 152-153 OF THE PLAT RECORDS OF GUADALUPE COUNTY TEXAS
and that Plaintiff Apex Bank is entitled to enforce its lien and is authorized by this Court
Order to foreclose against the Property by a non-judicial foreclosure to be held in accordance with
the terms and conditions of the Lien Documents TEX CONST art V sect 8 and art XVI sect 50(a)(6)
and with TEX PROP CODE sect51002
The Court also finds that all conditions precedent have been performed or have occurred
as required by TEX R Clv P 54 for Plaintiff to enforce its security interest against the Property
IT IS THEREFORE ORDERED ADJUDGED AND DECREED that Plaintiff Apex
Bank has a valid and subsisting lien against the Property and that Plaintiff Apex Bank is hereby
entitled and authorized to enforce its lien against the Property by conducting a non-judicial
foreclosure sale of the Property which shall be held in accordance with the terms and conditions
of the Lien Documents and TEX PROP CODE sect51002 and it is further
ORDERED ADJUDGED AND DECREED that this final judgment and order shall
serve as an Order of Foreclosure of the lien in accordance with TEX CONST ART XVI sect50(a)(6)
and it is further
ORDERED ADJUDGED AND DECREED that the non-judicial foreclosure shall
divest Defendants Robert W Heyward Sr Patricia A Heyward and Robert W Heyward Jr
Attorney-in-Fact for Patricia A Heyward of all of their interests in the Property and that the
purchaser of the Property at the non-judicial sale shall thereby be vested with all right title and
interest to and in the Property and it is further
ORDERED ADJUDGED AND DECREED that no personal liability or deficiency for
FINAL DEFAULT JUDGMENT AND ORDER PAGE30F4 APEX-HEYWARDbullbullbullbull3200 [2019-02489]bmw04200
the debt under the loan agreement shall be asserted against any of the Defendants and it is further
ORDERED ADJUDGED AND DECREED that Plaintiff Apex Bank recover of and
from Defendants all costs in this behalf expended and it is further
ORDERED ADJUDGED AND DECREED that after the non-judicial foreclosure sale
is held if the Property remains occupied after this judgment becomes final then the purchaser of
the Property at the foreclosure sale shall be entitled to the issuance of a writ of possession from
the clerk of this court against any occupant of the Property in accordance with TEX R Civ P 310
without further order ofthis Court and it is finally
ORDERED ADJUDGED AND DECREED that Plaintiff Apex Bank shall be allowed
such other writs and processes that may be necessary in the enforcement of Plaintiffs lien against
the Property and this Final Judgment
SIGNED on this the _n day of- JV- Q_ 2020
L Respectfully submitted
Isl Bennetti1 Wy~
Bennett M Wyse Texas State Bar No 24008315 PRATT AYCOCK LTD
5050 Quorum Dr Suite 625 Dallas Texas 75254 Office Telephone 4692944748 Alt Office Telephone 2144735551 Fax 2145409333 Email bwyseprattaycockcom Website wwwtxtnlawcom
ATTORNEYS FOR PLAINTIFF APEX BANK
FINAL DEFAULT JUDGMENT AND ORDER PAGE40F4 APEX-HEYWARDbull J00 [2019-02-189)bmw042020
GOU238 TRUSTEES NOTICE OF FORECLOSURE SALE
THE STA TE OF TEXAS )( )(
COUNTY OF GUADALUPE )(
WHEREAS by a Deed of Trust (the Deed of Trust) dated effective May 23 2018 Amanda Bean and John P Adair (the Debtor) conveyed certain property situated in Guadalupe County Texas to A Robert Raetzsch Trustee for the benefit of Concrete City Investments LLC (the bull~oteholder) to secure the indebtedness evidenced by that certain note (the Note) in the original principal amount of $8334000 which was executed by the Debtor to the Noteholder and to secure any and all other indebtedness described in the Deed of Trust
WHEREAS the Deed of Trust encumbers certain real property (the Property) located in Guadalupe County Texas described as follows
Lot 9 JACKSON EST ATES SUBDIVISION a subdivision in Guadalupe County Texas according to plat recorded in Volume 8 Page 530 Map and Plat Records Guadalupe County Texas
WHEREAS the Deed of Trust was recorded in the Official Public Records of Guadalupe County Texas under Document Number 201899011668
WHEREAS default has occurred under the terms and provisions of the Deed of Trust and the Note is now wholly due and the owner and holder of the Note has requested the undersigned as Trustee to enforce the power of sale of the Deed of Trust by selling the Property
NOW THEREFORE the undersigned as Trustee herein described hereby gives notice that Trustee will accordingly sell the Property at public auction to the highest bidder for cash AS IS at the courthouse of Guadalupe County Texas in the area designated by the commissioners court of said county for foreclosure sales of real property as evidenced by a written instrument filed in the real property records of said county being the North porch of the Guadalupe County Courthouse 101 E Court Street Seguin Guadalupe County Texas (the earliest time at which the foreclosure will be held is 1 00 oclock pm) between the hours of I 00 oclock pm and 400 oclock pm on August 4 2020 after due posting and filing of this notice and after written notice of such sale having been given by certified mail to the Debtor and any other Debtor who according to the records of the Noteholder is obligated to pay the indebtedness described above This sale will be conducted subject to the right of rescission contained in Section 51016 of the Texas Property Code
PROVIDED HOWEVER the Property is being sold subject to all matters that are prior or superior to the Deed of Trust
Assert and protect your rights if you are a member of the armed forces of the United States If you are or your spouse is serving on active military duty including active military duty as a member of the Texas National Guard or the National Guard of another state or as a member of a reserve component of the armed forces of the United States please send written notice of the active duty military service to the sender of this notice immediately
DATED this 9th day of July 2020 = cgt fJ c r
A Robert Raetzsch Trustee 202 N Camp Street Seguin Texas 78155
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78155 (the Property) and more particularly described as follows
LOT 8 ANGELS ACRES GUADALUPE COUNTY TEXAS ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 4 PAGES 152-153 OF THE PLAT RECORDS OF GUADALUPE COUNTY TEXAS
and that Plaintiff Apex Bank is entitled to enforce its lien and is authorized by this Court
Order to foreclose against the Property by a non-judicial foreclosure to be held in accordance with
the terms and conditions of the Lien Documents TEX CONST art V sect 8 and art XVI sect 50(a)(6)
and with TEX PROP CODE sect51002
The Court also finds that all conditions precedent have been performed or have occurred
as required by TEX R Clv P 54 for Plaintiff to enforce its security interest against the Property
IT IS THEREFORE ORDERED ADJUDGED AND DECREED that Plaintiff Apex
Bank has a valid and subsisting lien against the Property and that Plaintiff Apex Bank is hereby
entitled and authorized to enforce its lien against the Property by conducting a non-judicial
foreclosure sale of the Property which shall be held in accordance with the terms and conditions
of the Lien Documents and TEX PROP CODE sect51002 and it is further
ORDERED ADJUDGED AND DECREED that this final judgment and order shall
serve as an Order of Foreclosure of the lien in accordance with TEX CONST ART XVI sect50(a)(6)
and it is further
ORDERED ADJUDGED AND DECREED that the non-judicial foreclosure shall
divest Defendants Robert W Heyward Sr Patricia A Heyward and Robert W Heyward Jr
Attorney-in-Fact for Patricia A Heyward of all of their interests in the Property and that the
purchaser of the Property at the non-judicial sale shall thereby be vested with all right title and
interest to and in the Property and it is further
ORDERED ADJUDGED AND DECREED that no personal liability or deficiency for
FINAL DEFAULT JUDGMENT AND ORDER PAGE30F4 APEX-HEYWARDbullbullbullbull3200 [2019-02489]bmw04200
the debt under the loan agreement shall be asserted against any of the Defendants and it is further
ORDERED ADJUDGED AND DECREED that Plaintiff Apex Bank recover of and
from Defendants all costs in this behalf expended and it is further
ORDERED ADJUDGED AND DECREED that after the non-judicial foreclosure sale
is held if the Property remains occupied after this judgment becomes final then the purchaser of
the Property at the foreclosure sale shall be entitled to the issuance of a writ of possession from
the clerk of this court against any occupant of the Property in accordance with TEX R Civ P 310
without further order ofthis Court and it is finally
ORDERED ADJUDGED AND DECREED that Plaintiff Apex Bank shall be allowed
such other writs and processes that may be necessary in the enforcement of Plaintiffs lien against
the Property and this Final Judgment
SIGNED on this the _n day of- JV- Q_ 2020
L Respectfully submitted
Isl Bennetti1 Wy~
Bennett M Wyse Texas State Bar No 24008315 PRATT AYCOCK LTD
5050 Quorum Dr Suite 625 Dallas Texas 75254 Office Telephone 4692944748 Alt Office Telephone 2144735551 Fax 2145409333 Email bwyseprattaycockcom Website wwwtxtnlawcom
ATTORNEYS FOR PLAINTIFF APEX BANK
FINAL DEFAULT JUDGMENT AND ORDER PAGE40F4 APEX-HEYWARDbull J00 [2019-02-189)bmw042020
GOU238 TRUSTEES NOTICE OF FORECLOSURE SALE
THE STA TE OF TEXAS )( )(
COUNTY OF GUADALUPE )(
WHEREAS by a Deed of Trust (the Deed of Trust) dated effective May 23 2018 Amanda Bean and John P Adair (the Debtor) conveyed certain property situated in Guadalupe County Texas to A Robert Raetzsch Trustee for the benefit of Concrete City Investments LLC (the bull~oteholder) to secure the indebtedness evidenced by that certain note (the Note) in the original principal amount of $8334000 which was executed by the Debtor to the Noteholder and to secure any and all other indebtedness described in the Deed of Trust
WHEREAS the Deed of Trust encumbers certain real property (the Property) located in Guadalupe County Texas described as follows
Lot 9 JACKSON EST ATES SUBDIVISION a subdivision in Guadalupe County Texas according to plat recorded in Volume 8 Page 530 Map and Plat Records Guadalupe County Texas
WHEREAS the Deed of Trust was recorded in the Official Public Records of Guadalupe County Texas under Document Number 201899011668
WHEREAS default has occurred under the terms and provisions of the Deed of Trust and the Note is now wholly due and the owner and holder of the Note has requested the undersigned as Trustee to enforce the power of sale of the Deed of Trust by selling the Property
NOW THEREFORE the undersigned as Trustee herein described hereby gives notice that Trustee will accordingly sell the Property at public auction to the highest bidder for cash AS IS at the courthouse of Guadalupe County Texas in the area designated by the commissioners court of said county for foreclosure sales of real property as evidenced by a written instrument filed in the real property records of said county being the North porch of the Guadalupe County Courthouse 101 E Court Street Seguin Guadalupe County Texas (the earliest time at which the foreclosure will be held is 1 00 oclock pm) between the hours of I 00 oclock pm and 400 oclock pm on August 4 2020 after due posting and filing of this notice and after written notice of such sale having been given by certified mail to the Debtor and any other Debtor who according to the records of the Noteholder is obligated to pay the indebtedness described above This sale will be conducted subject to the right of rescission contained in Section 51016 of the Texas Property Code
PROVIDED HOWEVER the Property is being sold subject to all matters that are prior or superior to the Deed of Trust
Assert and protect your rights if you are a member of the armed forces of the United States If you are or your spouse is serving on active military duty including active military duty as a member of the Texas National Guard or the National Guard of another state or as a member of a reserve component of the armed forces of the United States please send written notice of the active duty military service to the sender of this notice immediately
DATED this 9th day of July 2020 = cgt fJ c r
A Robert Raetzsch Trustee 202 N Camp Street Seguin Texas 78155
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rmiddotmiddot 1 ~
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the debt under the loan agreement shall be asserted against any of the Defendants and it is further
ORDERED ADJUDGED AND DECREED that Plaintiff Apex Bank recover of and
from Defendants all costs in this behalf expended and it is further
ORDERED ADJUDGED AND DECREED that after the non-judicial foreclosure sale
is held if the Property remains occupied after this judgment becomes final then the purchaser of
the Property at the foreclosure sale shall be entitled to the issuance of a writ of possession from
the clerk of this court against any occupant of the Property in accordance with TEX R Civ P 310
without further order ofthis Court and it is finally
ORDERED ADJUDGED AND DECREED that Plaintiff Apex Bank shall be allowed
such other writs and processes that may be necessary in the enforcement of Plaintiffs lien against
the Property and this Final Judgment
SIGNED on this the _n day of- JV- Q_ 2020
L Respectfully submitted
Isl Bennetti1 Wy~
Bennett M Wyse Texas State Bar No 24008315 PRATT AYCOCK LTD
5050 Quorum Dr Suite 625 Dallas Texas 75254 Office Telephone 4692944748 Alt Office Telephone 2144735551 Fax 2145409333 Email bwyseprattaycockcom Website wwwtxtnlawcom
ATTORNEYS FOR PLAINTIFF APEX BANK
FINAL DEFAULT JUDGMENT AND ORDER PAGE40F4 APEX-HEYWARDbull J00 [2019-02-189)bmw042020
GOU238 TRUSTEES NOTICE OF FORECLOSURE SALE
THE STA TE OF TEXAS )( )(
COUNTY OF GUADALUPE )(
WHEREAS by a Deed of Trust (the Deed of Trust) dated effective May 23 2018 Amanda Bean and John P Adair (the Debtor) conveyed certain property situated in Guadalupe County Texas to A Robert Raetzsch Trustee for the benefit of Concrete City Investments LLC (the bull~oteholder) to secure the indebtedness evidenced by that certain note (the Note) in the original principal amount of $8334000 which was executed by the Debtor to the Noteholder and to secure any and all other indebtedness described in the Deed of Trust
WHEREAS the Deed of Trust encumbers certain real property (the Property) located in Guadalupe County Texas described as follows
Lot 9 JACKSON EST ATES SUBDIVISION a subdivision in Guadalupe County Texas according to plat recorded in Volume 8 Page 530 Map and Plat Records Guadalupe County Texas
WHEREAS the Deed of Trust was recorded in the Official Public Records of Guadalupe County Texas under Document Number 201899011668
WHEREAS default has occurred under the terms and provisions of the Deed of Trust and the Note is now wholly due and the owner and holder of the Note has requested the undersigned as Trustee to enforce the power of sale of the Deed of Trust by selling the Property
NOW THEREFORE the undersigned as Trustee herein described hereby gives notice that Trustee will accordingly sell the Property at public auction to the highest bidder for cash AS IS at the courthouse of Guadalupe County Texas in the area designated by the commissioners court of said county for foreclosure sales of real property as evidenced by a written instrument filed in the real property records of said county being the North porch of the Guadalupe County Courthouse 101 E Court Street Seguin Guadalupe County Texas (the earliest time at which the foreclosure will be held is 1 00 oclock pm) between the hours of I 00 oclock pm and 400 oclock pm on August 4 2020 after due posting and filing of this notice and after written notice of such sale having been given by certified mail to the Debtor and any other Debtor who according to the records of the Noteholder is obligated to pay the indebtedness described above This sale will be conducted subject to the right of rescission contained in Section 51016 of the Texas Property Code
PROVIDED HOWEVER the Property is being sold subject to all matters that are prior or superior to the Deed of Trust
Assert and protect your rights if you are a member of the armed forces of the United States If you are or your spouse is serving on active military duty including active military duty as a member of the Texas National Guard or the National Guard of another state or as a member of a reserve component of the armed forces of the United States please send written notice of the active duty military service to the sender of this notice immediately
DATED this 9th day of July 2020 = cgt fJ c r
A Robert Raetzsch Trustee 202 N Camp Street Seguin Texas 78155
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GOU238 TRUSTEES NOTICE OF FORECLOSURE SALE
THE STA TE OF TEXAS )( )(
COUNTY OF GUADALUPE )(
WHEREAS by a Deed of Trust (the Deed of Trust) dated effective May 23 2018 Amanda Bean and John P Adair (the Debtor) conveyed certain property situated in Guadalupe County Texas to A Robert Raetzsch Trustee for the benefit of Concrete City Investments LLC (the bull~oteholder) to secure the indebtedness evidenced by that certain note (the Note) in the original principal amount of $8334000 which was executed by the Debtor to the Noteholder and to secure any and all other indebtedness described in the Deed of Trust
WHEREAS the Deed of Trust encumbers certain real property (the Property) located in Guadalupe County Texas described as follows
Lot 9 JACKSON EST ATES SUBDIVISION a subdivision in Guadalupe County Texas according to plat recorded in Volume 8 Page 530 Map and Plat Records Guadalupe County Texas
WHEREAS the Deed of Trust was recorded in the Official Public Records of Guadalupe County Texas under Document Number 201899011668
WHEREAS default has occurred under the terms and provisions of the Deed of Trust and the Note is now wholly due and the owner and holder of the Note has requested the undersigned as Trustee to enforce the power of sale of the Deed of Trust by selling the Property
NOW THEREFORE the undersigned as Trustee herein described hereby gives notice that Trustee will accordingly sell the Property at public auction to the highest bidder for cash AS IS at the courthouse of Guadalupe County Texas in the area designated by the commissioners court of said county for foreclosure sales of real property as evidenced by a written instrument filed in the real property records of said county being the North porch of the Guadalupe County Courthouse 101 E Court Street Seguin Guadalupe County Texas (the earliest time at which the foreclosure will be held is 1 00 oclock pm) between the hours of I 00 oclock pm and 400 oclock pm on August 4 2020 after due posting and filing of this notice and after written notice of such sale having been given by certified mail to the Debtor and any other Debtor who according to the records of the Noteholder is obligated to pay the indebtedness described above This sale will be conducted subject to the right of rescission contained in Section 51016 of the Texas Property Code
PROVIDED HOWEVER the Property is being sold subject to all matters that are prior or superior to the Deed of Trust
Assert and protect your rights if you are a member of the armed forces of the United States If you are or your spouse is serving on active military duty including active military duty as a member of the Texas National Guard or the National Guard of another state or as a member of a reserve component of the armed forces of the United States please send written notice of the active duty military service to the sender of this notice immediately
DATED this 9th day of July 2020 = cgt fJ c r
A Robert Raetzsch Trustee 202 N Camp Street Seguin Texas 78155
2 r
I 0
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rmiddotmiddot 1 ~
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middotlt rn 0