NOTICE OF FORECLOSURE SALE

Transcription

1 NOTICE OF FORECLOSURE SALE FILED TARRANT COUNTY TEXAS 2018 SEP 11 PH 3: ~9 Notice is hereby given of a public nonjudicial foreclosure sale. M R Lr l~ L ARCIA COUNTY Cl.ERK 1. Property To Be Sold. The property to be sold is described as follows: BY All property (real, personal or otherwise) described in the Deed of Trust referred to herein, including, but not limited to, the real property situated in Tarrant County, Texas, as more particularly described on Exhibit "A" attached hereto and made a part hereof, together with the rights, appurtenances and improvements thereto and certain other personal property as more particularly described in the Deed of Trust. 2. Date, Time, and Place of Sale. The sale is scheduled to be held at the following date, time, and place: Date: Tuesday, October 2, 2018 Time: The sale shall begin no earlier than 10:00 A.M. or no later than three hours thereafter. The sale shall be completed by no later than 1:00 P.M. Place: The base of the steps located on the East side of the Tarrant County Courthouse at 100 West Weatherford Street, Fort Worth, Texas The Deed of Trust permits the beneficiary to postpone, withdraw, or reschedule the sale for another day. In that case, the trustee or substitute trustee under the Deed of Trust need not appear at the date, time, and place of a scheduled sale to announce the postponement, withdrawal, or rescheduling. Notice of the date of any rescheduled foreclosure sale will be reposted and refiled in accordance with the posting and filing requirements of the Texas Property Code. Such reposting or refiling may be after the date originally scheduled for this sale. 3. Terms of Sale. The sale will be conducted as a public auction to the highest bidder for cash, subject to the provisions of the Deed of Trust permitting the beneficiary thereunder to have the bid credited to the note up to the amount of the unpaid debt secured by the Deed of Trust at the time of sale. Those desiring to purchase the property will need to demonstrate their ability to pay cash on the day the property is sold. The sale will be made expressly subject to any title matters set forth in the Deed of Trust, but prospective bidders are reminded that by law the sale will necessarily be made subject to all prior matters of record affecting the property, if any, to the extent that they remain in force and effect and have not been subordinated to the Deed of Trust. Prospective bidders are strongly urged to examine the applicable property records to determine the nature and extent of such matters, if any l03not Notice of Foreclosure Sale - Page 1

2 4. Type of Sale. The sale is a nonjudicial deed of trust lien and security interest foreclosure sale being conducted pursuant to the power of sale granted by the Deed of Trust executed by 4D West Fork LLC, a Texas limited liability company, to Kevin Flynn, Trustee for the benefit of Paulos Properties, LLC, a Texas limited liability company, dated July 11, 2016 and recorded under Document No. D of the Real Property Records of Tarrant County, Texas ("Deed of Trust"). 5. Obligations Secured. The Deed of Trust provides that it secures the payment of the indebtedness and obligations therein described (collectively the "Obligations") including but not limited to the Promissory Note ("Note") in the original principal amount of $2,610,000.00, executed by 4D West Fork LLC, a Texas limited liability company, and payable to the order of Paulos Properties, LLC, a Texas limited liability company, and all renewals, modifications and extensions of the Note. Paulos Properties, LLC, a Texas limited liability company is the current owner and holder of the Note and the Obligations and is the beneficiary under the Deed of Trust. Questions concerning the sale may be directed to the undersigned or to the beneficiary: Paulos Properties, LLC, a Texas limited liability company Attn: Flora Brewer 6708 Ashbrook Drive Fort Worth, Texas Default and Request To Act. Default has occurred under the Deed of Trust, and the beneficiary has requested me, as Trustee, to conduct this sale. James Kevin Flynn, David R. Norman, Patrick Schurr, and I have each been appointed as substitute trustee to conduct the sale. Notice is given that before the sale the beneficiary may appoint another person as substitute trustee to conduct the sale. DAT D September 10, \tlia_m ~ Heather Kay, Trustee 2600 Network Blvd., Suite 400 Frisco, Texas Telephone: (214) co -< NOT Notice of Foreclosure ale - Page 2

3 STATE OF TEXAS COUNTY OF COLLIN The foregoing instrument was acknowledged before me by Heather Kay on the / 'D day of September, My Commission Expires: Pljlk1/lvl (Printed Name of Notary),-.J a, :t: c:::, -<» CD c, ::1'1 (;") c, - ft1 C: r -0 Zc ~... c -< - r, ("") CI ' 1"'1 '-. :::0 }:> ::~ :::0 ("") -0 :IC <ii.r ~ \0 > :::0 ::0 > z......,, c-, _ or C M ~ o -< -rr, >< )> r,., NOT Notice of Foreclosure Sale - Page 3

4 TRACT 1: Exhibit "A" FILED TARRANT COUNTY TEXA S 2018 SEP 11 PH 3: SO HAK I LG.,.. ARCIA COUNTY CLERK Lot 3, Block 88, of TEXAS & PACIFIC RAILWAY CO. ADDITION, an addition to the City of ForfWc,rth, Tarrant County, Texas, according to the plat thereof recorded in Volume 63, Page 107, Deed Records,'tari;::: ra;-;;nrt C,-.;:; ou:'7.n;i;ty,-: Texas. TRACT 2: Lots 1, 2, 3, 4, 5 and 6, Block 93, of TEXAS & PACIFIC RAILWAY CO. ADDITION, an addition to the City of Fort Worth, Tarrant County, Texas, according to the plat thereof recorded in Volume 63, Page 107, Deed Records, Tarrant County, Texas. TRACT 3: BEING the east 1/2 of the south 100 feet of Lot 14, Block 92, TEXAS & PACIFIC RAILWAY COMPANY ADDITION, an Addition in the City of Fort Worth, Tarrant County, Texas, according to the Plat recorded in Volume 63, Page 107, Plat Records, Tarrant County, Texas, and being described in General Warranty Deed from David W. Frank and wife, Jennifer K. Frank to Paulos Properties, LLC, dated November 21, 2003 and recorded under Instrument No , Deed Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a found 60d nail in stone for the southeast comer of the herein described tract of land, same being the southeast corner of said Lot 14, the southwest comer of Lot 13, of said Block 92, TEXAS & PACIFIC RAILWAY COMPANY ADDITION, in the north right-of-way line of E. Presidio Street (having a 60 foot wide right-of-way) and from which a found 1 /2 inch iron rod bears South 09 degrees 37 minutes 55 seconds West, a distance of 0.64 feet; THENCE Due West (directional control line), in the south boundary line of said Lot 14 and in the north right-of-way line of said E. Presidio Street, distance of feet to a found 60d nail in stone for corner; THENCE North 00 degrees 04 minutes 57 seconds East, departing said E. Presidio Street, over and across said Lot 14, a distance of feet to a found 60d nail in stone for comer; THENCE South 89 degrees 52 minutes 16 seconds East, continuing over and across said Lot 14, a distance of feet to a found 60d nail in stone for comer, same being in the common boundary line of Lots 13 and 14 of the aforementioned Block 92, TEXAS & PACIFIC RAILWAY COMPANY ADDITION; THENCE South 00 degrees 06 minutes 50 seconds West, in the common boundary line between said Lots 13 and 14, a distance of feet to the POINT OF BEGINNING and containing acres of land, more or Jess TRACT 4: BEING the south 32 feet of Lots 15 and 16, Block 92, TEXAS & PACIFIC RAILWAY COMPANY'S ADDITION, in the City of Fort Worth, Tarrant County, Texas, according to the Plat recorded in Volume 63, Page 107, Plat Records, Tarrant County, Texas, and being described as Tract I in Correction General Warranty Deed from Patsy Gay Ramon to Paulos Properties, LLC, dated May 19, 2006 and recorded under Instrument No , Deed Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a found 5/8 inch iron rod for the southwest corner of the herein described tract of land, same being the southwest comer of said Lot 16 and the intersection of the north right-of-way line of E. Presidio Street (having a 60 foot wide right-of-way) with the east right-of-way line of Cedar Street (having a 60 foot wide right-of-way); THENCE North 00 degrees 06 minutes 11 seconds West, in the west boundary line of said Lot 16 and in the east right-of-way line of said Cedar Street, a distance of feet to a set 5/8 Inch capped iron rod marked PROLINE for comer; THENCE South 89 degrees 57 minutes 37 seconds East, departing said Cedar Street, over and across said Lots 15 and 16, a distance of feet to a found 1/2 inch iron rod for comer, same being in the common boundary line between Lots 15 and 14 of the aforementioned Block 92, TEXAS & PACIFIC RAILWAY COMPANY'S ADDITION; THENCE South 00 degrees 17 minutes 01 seconds East, in the common boundary line between said Lots 15 and 14, a distance of feet to a found 60d nail in stone for corner, same being the common south corner of said Lots 15 and 14 and in the north right-of-way line of the aforementioned E. Presidio Street; THENCE Due West (directional control line), in the south boundary line of said Lots 15 and 16 and in the north rightof-way line of said E. Presidio Street, a distance of feet to the POINT OF BEGINNING and containing acres (3197 square feet) of land, more or less.

5 TRACT 5: FILED TARRANT COUNTY TEXA SEP 11 PH 3: 50 HA I I LOU1J._ ARC IA COUNTY CLERK BEING Lots 15 and 16, Block 92, TEXAS & PACIFIC RAILWAY COMPANY ADDITION, an Atiloion in the City of Fort Worth, Tarrant County, Texas, according to the Plat recorded in Volume 63, Page 107, P~ t 1 Reco,ds, 'fa11a11t County, Texas, SAVE AND EXCEPT the north 47 feet and the south 32 feet of said Lots and being described as Tract II in Correction General Warranty Deed from Patsy Gay Ramon to Paulos Properties, LLC, dated May 19, 2006 and recorded under Instrument No , Deed Records, Tarrant County, Texas, and the remaining portion of said Lots 15 and 16 being more particularly described by metes and bounds as follows: BEGINNING at a set 5/8 inch capped iron rod marked PROLINE for the southwest corner of the herein described tract of land, same being in the west boundary line of said Lot 16, in the east right-of-way line of Cedar Street (having a 60 foot wide right-of-way) and being Due North, a distance of feet from a found 5/8 inch iron rod for the southwest corner of said Lot 16 and the intersection of the east right-of-way line of said Cedar Street with the north right-of-way line of E. Presidio Street (having a 60 foot wide right-of-way); THENCE Due North, in the west boundary line of said Lot 16 and in the east right-of-way line of said Cedar Street, a distance of feet to a set 5/8 inch capped iron rod marked PROLINE for comer; THENCE North 89 degrees 59 minutes 18 seconds East, departing said Cedar Street, over and across said Lots 16 and 15, a distance of feet to a found 1 inch iron rod for comer, same being in the common boundary line between Lots 14 and 15, of the aforementioned Block 92, TEXAS & PACIFIC RAILWAY COMPANY ADDITION; THENCE South 00 degrees 01 minutes 40 seconds West, in the common boundary line between said Lots 14 and 15, a distance of fet (record feet) to a found 1/2 inch iron rod for comer, same being North 00 degrees 1 O minutes 50 seconds West, a distance of feet from a found 60d nail in stone for the common south comer of said Lots 14 and 15; THENCE North 89 degrees 51 minutes 26 seconds West, over and across said Lots 15 and 16, a distance of feet to the POINT OF BEGINNING and containing acres (8364 square feet) of land, more or less. TRACT 6: BEING the south 1/2 of the south 1/2 of Lots 9 and 10, Block 89, TEXAS & PACIFIC RAILWAY COMPANY'S ADDITION, an Addition in the City of Fort Worth, Tarrant County, Texas, according to the Plat recorded in Volume 63, Page 107, Plat Records, Tarrant County, Texas, and being described in Special Warranty Deed from Angela D. Paulos, Trustee, to Paulos Properties, LLC, dated January 28, 2002 and recorded in Volume 15428, Page 135, Deed Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a set 5/8 inch capped iron rod marked PROLINE for the southeast corner of the herein described tract of land, same being the southeast comer of said Lot 9 and the intersection of the north right-of-way line of E. Presidio Street (having a 60 foot wide right-of-way line) with the west right-of-way line of Cedar Street (having a 60 foot side right-of-way); THENCE Due West (directional control line), in the south boundary line of said Lots 9 and 10 and in the north right-ofway line of said E. Presidio Street, a distance of feet to a found 1/2 inch capped iron rod for corner, same being the common south comer of Lots 10 and 11, of the aforementioned Block 89, TEXAS & PACIFIC RAILWAY COMPANY'S ADDITION; THENCE North 00 degrees 17 minutes 22 seconds West, departing said E. Presidio Street and in the common boundary line between said Lots 1 O and 11, distance of feet to a set 5/8 inch capped iron rod marl<ed PROLINE FOR CORNER; THENCE South 89 degrees 50 minutes 23 seconds East, over and across said Lots 9 and 10, a distance of feet (record - 1 OD.OD feet) to a found 5/8 inch iron rod for comer, same being in the east boundary line of said Lot 9 and in the west right-of-way line of the aforementioned Cedar Street; THENCE South DO degrees 45 minutes 49 seconds East, in the east boundary line of said Lot 9 and in the west rightof-way line of said Cedar Street, a distance of feet (record feet) to the POINT OF BEGINNING and containing acres of land, more or less.

6 NOTICE OF ASSESSMENT LIEN S F'll ED TARRA NT co, ;y CLERK ST A TE OF TEXAS COUNTY OF TARRANT RY_ --- WHEREAS, on or about December 6, 2016, a Notice of Lien was filed in the Deed Records of Tarrant County, Texas, covering the real property herein described concerning default in the payment of the indebtedness owing by Richard Frazier, the present owner of said real property, to La Frontera Homeowners' Association, Inc. (the "Association"); and WHEREAS, the said Richard Frazier has continued to default in the payment of his indebtedness to the Association and the same is now wholly due, and the Association, acting by and through its duly authorized agent, intends to sell the herein described property to satisfy the present indebtedness of said owners to the Association; NOW, THEREFORE, notice is hereby given that on Tuesday, October 2, 2018, between 10 o'clock a.m. and 4 o'clock p.m., the Association will sell said real estate at the East steps of the Tarrant County Courthouse, 100 West Weatherford, Fort Worth, Tarrant County, Texas, to the highest bidder for cash, subject to all superior liens and encumbrances of record. The earliest time at which said sale will begin will be 1 :00 o'clock p.m., and the sale will take place not later than three (3) hours after that time. Said real estate is described as follows: Lot 3, Block D, of La Frontera Phase 2, an addition to the City of Arlington, Tarrant County, Texas, according to the map or plat thereof recorded in Cabinet A, Slide 9072, of the Plat Records, Tarrant County, Texas (8125 La Frontera Trail) WITNESS my hand this ll day of :)eyigimbc, 2018 The within notice was posted by me on the _ County Courthouse in Tarrant, Texas. By: son R. Reed, Substitute Trustee iddle & Williams, P.C Turtle Creek Blvd, Suite 500 Dallas, Texas day of, 20 18, at the Tarrant