and filing requirements of the Texas Property Code. Such reporting or refiling may be after the date originally
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- Francine Rice
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1 FILE No County Clerk, Vctora County, Texas NOTICE OF TRUSTEE' S SALE Notce s hereby gven of a publc non nonjudcal foreclosure sale.. PROPERTY TO BE SOLD: Lot Number Seven( 7) n Block Number Three( 3) of EASTSIDE Addton to the Cty of Vctora, Vctora County, Texas, accordng to the establshed map and plat of sad addton duly recorded n the Deed Records of Vctora County, Texas, to whch map and plat and ts record reference s here made for all purposes. 2. DATE, TIME, AND PLACE OF SALE: u The sale s scheduled to be held at the followng date, tme, and place: DATE: March 6, 208 TIME: The sale shall begn no earler than 0: 00 am or no later than three hours thereafter. The sale shall be completed by no later than : 00 pm. PLACE: Vctora County Courthouse n Vctora, Texas, at the followng locaton: 0 N. Brdge St., Vctora, Texas 7790 on the steps of the Courthouse. rs Notce of the date of any rescheduled foreclosure sale wll be reposted and refed n accordance wth the postng and flng requrements of the Texas Property Code. Such reportng or reflng may be after the date orgnally scheduled for ths sale. 3. TERMS OF SALE: The sale wll be conducted as a publc aucton to the hghest bdder for cash. Those desrng to purchase the property wll need to demonstrate ther ablty to pay cash on the day the property s sold. The sale wll be made expressly subject to any ttle matters, but prospectve bdders are remnded that by law the sale wll necessarly be made subject to all pror matters of record affectng the property, f any, to the extent that they reman n force and effect and have not been subordnated. Prospectve bdders are strongly urged to examne the applcable property records to determne the nature and extent of such matters, f any.. TYPE OF SALE: The sale s a nonjudcal foreclosure sale beng conducted pursuant to the power of sale granted by the Deed of Trust dated July 3, 205, executed by Mark Ramro Gonzales to Kelly Garrett Kucera, Trustee for the beneft of lender, coverng the property and recorded n Instrument Number of the Offcal Publc Records of Vctora County, Texas. 5. OBLIGATIONS SECURED: Date: July 3, 205 Recordng Informaton: Instrument Number of the Offcal Publc Records of Vctora County, Texas. Oblgor/Current Owner of Record: Mark Ramro Gonzales Property Descrpton: Lot Number Seven ( 7) n Block Number Three ( 3) of EASTSIDE Addton to the Cty of Vctora, Vctora County, Texas, accordng to the establshed map and plat of sad addton duly recorded n the Deed Records of Vctora County, Texas, to whch map and plat and ts record reference s here made for all purposes. Assert and protect your rghts as a member of the armed forces under the Unted States. If you are or your spouse s servng on actve mltary duty, ncludng actve mltary duty as a member of the Texas Natonal Guard or the Natonal Guard of another state or as a member of a reserve component of the armed forces of the Unted States, please send wrtten notce of the actve duty mltary servce to the sender of ths notce mmedately. Questons concernng the sale may be drected to Kelly Garrett Kucera, Attorney, PO Box 5393, Vctora, Texas, , ' A DATED Janaury 2, 208. FILED 08 FEB - 5 P 2: I I L C' f vl T t trrett CIS f! Kelly Ku ra, Attorney 0 W. Goodwn Ave, Sute 302 r,: l{ Vctora, Texas 7790 II k TEXAS 36)
2 M FILE No. County C vctora county, Texas ED t NOTICE OF ACCELERATION AND NOTICE OF TRUSTEE' S SALE 7Q 9 FEB _ 8 P 2. 5 y A DEED OF TRUST INFORMATION: rl, Date: 03/ 2/2003 C-.-, t, t_. t',.,, Grantor(s): LEONARD T. DE LA GARZA AND WIFE, ROSE R. DE LA GARZA f{. K Orgnal Mortgagee: AAMES FUNDING CORP., DBAAAMES HOME LOAN V j tr. T CAS A Orgnal Prncpal: $ 7, Recordng Informaton: Instrument Property County: Vctora Property: BEING ALL OF LOT NO. THIRTEEN ( 3), IN BLOCK NO. SIX ( 6), OF MAYFAIR TERRACE SECTION I, AN ADDITION TO THE CITY OF VICTORIA, VICTORIA COUNTY, TEXAS, ACCORDING TO THE ESTABLISHED MAP AND PLAT OF SAID ADDITION OF RECORD IN VOLUME 3, PAGE 23, OF THE MAP AND PLAT RECORDS OF VICTORIA COUNTY, TEXAS. Reported Address: 307 LINDA DRIVE, VICTORIA, TX 7790 MORTGAGE SERVICING INFORMATION: The Mortgage Servcer, f not the Current Mortgagee, s representng the Current Mortgagee pursuant to a Mortgage Servcng Agreement. Current Mortgagee: THE BANK OF NEW YORK MELLON f/k/ a THE BANK OF NEW YORK as Trustee for g Mortgage Servcer: CWABS, Inc. Asset-Backed Certfcates, Seres BC Natonstar Mortgage LLC d/ b/ a Mr. Cooper Current Benefcary: THE BANK OF NEW YORK MELLON f/k/ a THE BANK OF NEW YORK as Trustee for CWABS, Inc. Asset-Backed Certfcates, Seres BC Mortgage Servcer Address: 8950 Cypress Waters Blvd., Coppell, TX 7509 SALE INFORMATION: Date of Sale: Tuesday, the 6th day of March, 208 Tme of Sale: Place of Sale: : 00AM or wthn three hours thereafter. AT THE AREA IN FRONT OF THE EAST DOOR OF THE COURTHOUSE BUILDING, LOCATED AT 5 NORTH BRIDGE STREET n Vctora County, Texas, or, f the precedng area s no longer the desgnated area, at the area most recently desgnated by the Vctora County Commssoner's Court. Substtute Trustee(s): Jo Woolsey, Bob Frsch, Vck Hammonds, Arnold Mendoza, Mchael Burns, Elzabeth Hayes, Mchael Hupf, Marlyn Jones, Suzanne Suarez, or Alexander Wolfe, any to act Substtute Trustee Address: 8 Dallas Parkway, Sute 25, Dallas, TX 7525 WHEREAS, the above- named Grantor prevously conveyed the above descrbed property n trust to secure payment of the Note set forth n the above- descrbed Deed of Trust; and WHEREAS, a default under the Note and Deed of Trust was declared; such default was reported to not have been cured; and all sums secured by such Deed of Trust were declared to be mmedately due and payable; and WHEREAS, the orgnal Trustee and any prevously apponted Substtute Trustee has been removed and Jo Woolsey, Bob Frsch, Vck Hammonds, Arnold Mendoza, Mchael Burns, Elzabeth Hayes, Mchael Hupf, Marlyn Jones, Suzanne Suarez, or Alexander Wolfe, any to act, have been apponted as Substtute Trustees and requested to sell the Property to satsfy the ndebtedness; and WHEREAS, the undersgned law frm has been requested to provde these notces on behalf of the Current Mortgagee, Mortgage Servcer and Substtute Trustees; NOW, THEREFORE, NOTICE IS HEREBY GIVEN of the foregong matters and that:. The maturty of the Note has been accelerated and all sums secured by the Deed of Trust have been declared to be mmedately due and payable. 2. Jo Woolsey, Bob Frsch, Vck Hammonds, Arnold Mendoza, Mchael Burns, Elzabeth Hayes, Mchael Hupf, Marlyn Jones, Suzanne Suarez, or Alexander Wolfe, any to act, as Substtute Trustee wll sell the Property to the hghest bdder for cash on the date, at the place, and no earler than the tme set forth above n the Sale Informaton secton of ths notce. The sale wll begn wthn three hours after that tme. 3. Ths sale shall be subject to any legal mpedments to the sale of the Property and to any exceptons referenced n the Deed. of Trust or appearng of record to the extent the same are stll n effect and shall not cover any property that has been released from the len of the Deed of Trust.. No warrantes, express or mpled, ncludng but not lmted to the mpled warrantes of merchantablty and ftness for a partcular purpose shall be conveyed at the sale, save and except the Grantor's warrantes specfcally authorzed by the Grantor n the Deed of Trust. The property shall be offered" AS- IS", purchasers wll buy the property" at the purchaser' s own rsk" and" at hs perl", and no representaton s made concernng the qualty or nature of ttle to be acqured. Purchasers wll receve whatever nterest Grantor and Grantor's assgns have n the property, subject to any lens or nterests of any knd that may survve the sale. Interested persons are encouraged to consult counsel of ther choce pror to partcpatng n the sale of the property. Very truly yours, s Bonal& Assocates, P.C PG POSTPKG
3 s CAUSE NO B Fled: November 2, 207 Cathy Stuart Dstrct Clerk Vctora County, Texas By: Ellnger, Bobb 2: 0 PM f IN RE: ORDER FOR FORECLOSURE IN THE DISTRICT COURT CONCERNING 307 LINDA DRIVE, VICTORIA, TX 7790 UNDER TEX. R. CIV. PROC. 736 PETITIONER: THE BANK OF NEW YORK MELLON VICTORIA COUNTY, TEXAS F/K/A THE BANK OF NEW YORK AS TRUSTEE FOR CWABS, INC. ASSET- BACKED CERTIFICATES, SERIES BC RESPONDENT( S): LEONARD T. DE LA GARZA, DECEASED, ROSE R DE LA GARZA 35 TH DISTRICT COURT DEFAULT ORDER ALLOWING FORECLOSURE. On ths day, the Court consdered Pettoner' s moton for a default order grantng ts applcaton for an expedted order under Rule 736. Pettoner' s applcaton comples wth the requrements of Texas Rule of Cvl Procedure The name and last known address of each Respondent subject to ths order are Leonard T. De La Garza, Deceased, and Rose R. De La Garza, whose last known address s 307 Lnda Drve, Vctora, TX Each Respondent was properly served wth the ctaton, but none fled a response wthn the tme requred by law. The return of servce for each Respondent has been on fle wth the court for at least ten days. 3. The property that s the subject of ths foreclosure proceedng s commonly known as Lnda Drve, Vctora, TX 7790 wth the followng legal descrpton: DEFAULT ORDER ALLOWING FORECLOSURE PAGE OF
4 BEING ALL OF LOT NO. THIRTEEN ( 3), IN BLOCK NO. SIX ( 6), OF MAYFAIR TERRACE SECTION I, AN ADDITION TO THE CITY OF VICTORIA, VICTORIA COUNTY, TEXAS, ACCORDING TO THE ESTABLISHED MAP AND PLAT OF SAID ADDITION OF RECORD IN VOLUME 3, PAGE 23, OF THE MAP AND PLAT RECORDS OF VICTORIA COUNTY, TEXAS.. The len to be foreclosed s ndexed or recorded at Instrument Number: and recorded n the real property records of Vctora County, Texas. 5. The materal facts establshng Respondent' s default are alleged n Pettoner' s applcaton and the supportng affdavt. Those facts are adopted by the court and ncorporated by reference n ths order. 6. Based on the affdavt of Pettoner, no Respondent subject to ths order s protected from foreclosure by the Servcemembers Cvl Relef Act, 50 U. S. C. App. 50 et seq. 7. Therefore, the Court grants Pettoner' s moton for a default order under Texas Rules of Cvl Procedure and Pettoner may proceed wth foreclosure of the property descrbed above n accordance wth applcable law and the loan agreement, contract, or len sought to be foreclosed. 8. Ths order s not subject to a moton for rehearng, a new tral, a bll of revew, or an gl appeal. Any challenge to ths order must be made n a separate, orgnal proceedng fled n accordance wth Texas Rule of Cvl Procedure Sgned: / 2/207 02: 0 PM SIGNED ths day of 20 I // 2 JU t E P', SIDING f DEFAULT ORDER ALLOWING FORECLOSURE PAGE 2 OF h
5 g FILE No. a 5 County Clerk, Vctora County, Texas NOTICE OF FORECLOSURE SALE Assert and protect your rghts as a member of the armed forces of the Unted States, If you are or your spouse s servng on actve mltary duty, ncludng actve mltary duty as a member of the Texas Natonal Guard or the Natonal Guard of another state or as a member of a reserve component of the armed forces of the Unted States, please send wrtten notce of the actve duty mltary servce to the sender of ths notce mmedately. State of Texas County of Vctora. Property to Be Sold, The property to be sold s descrbed as follows: I Beng Lots Numbers One ( ) and Two ( 2), n Block Number Ten ( 0), of Brownson Addton, an addton to the Cty of Vctora, Vctora County, Texas, accordng to the establshed map and plat of sad addton of record n Volume, Page of the plat records of Vctora County, Texas, to whch reference s here made for descrptve purposes, together wth all goods, equpment, fxtures, and other personal property, f any, descrbed n the Deed of Trust ( herenafter referred to as the Property"). 2. Instrument to be Foreclosed. The nstrument to be foreclosed s that certan Deed of Trust dated July 2, 2007 as follows: Grantor: Vctora Blue Prnt Co., Inc, Recorded n: Fle No of the Offcal Publc Records of Vctora County, Texas as modfed by Fle No of the Offcal Publc Records of Vctora County, Y Texas 3. Date, Tme, and Place of Sale. The sale s scheduled to be held at the followng date, tme, and place: Date: March 6, 208 j Tme: The sale wll begn no earler than : 00 a. m. or no later than three hours thereafter. The wll be completed wthn such three hour tme perod. sale Place: At the area of the Vctora County Courthouse desgnated by the commssoner' s court for holdng such sales n Vctora County, Texas, or f no area s so desgnated, at the Courthouse door at whch ths notce s posted. The deed of trust permts the benefcary to postpone, wthdraw, or reschedule the sale for another day. In that case, the trustee or substtute trustee under the deed of trust need not appear at the date, tme, and place of a scheduled sale to announce the postponement, wthdrawal, or reschedulng. Notce of the date of any rescheduled foreclosure sale wll be reposted and refled n accordance wth the postng and flng requrements of the Texas Property Code. The repostng or reflng may be after the date orgnally scheduled for ths sale.. Terms of Sale. The sale wll be conducted as a publc aucton to the hghest bdder for cash, subject to the provsons of the deed of trust permttng the benefcary thereunder to have the bd credted to the note up to the amount of the unpad debt secured by the deed of trust at the tme of sale. e Those desrng to purchase the property wll need to demonstrate ther ablty to pay cash on the day the property s sold, L& B 05593/ 0536/ L397000CX/2
6 I l The sale wll be made expressly subject to any ttle matters set forth n the deed of trust, but prospectve bdders are remnded that by law the sale wll necessarly be made subject to all pror matters of record affectng the property, f any, to the extent that they reman n force and effect and have not been subordnated to the deed of trust. The sale shall not cover any part of the property that has been released ofpublc record from the len of the deed of trust. Prospectve bdders are strongly urged to examne the applcable property records to determne the nature and extent of such matters, f any, tt t t IJI 5. Pursuant to the deed of trust, the benefcary has the rght to drect the Trustee to sell the property n one or more parcels and/ or to sell all or only part of the property. Pursuant to secton of the Texas Property Code, the property wll be sold n" as s, where s" condton, wthout any express or mpled warrantes, except as to the warrantes of ttle( f any) provded for under the deed of trust. Prospectve bdders are advsed to conduct an ndependent nvestgaton of the nature and physcal condton of the property. Pursuant to secton of the Texas Property Code, the trustee reserves the rght to set further reasonable condtons for conductng the sale. Any such further condtons shall be announced before bddng s opened for the frst sale of the day held by the trustee or any substtute trustee. Type of Sale. The sale s a non-judcal deed-of-trust len and securty nterest foreclosure sale beng conducted pursuant to the power of sale granted by the deed of trust and securty agreement executed by Vctora Blue Prnt Co., Inc. 6. Oblgatons Secured. The deed of trust provdes that t secures the payment of the ndebtednesses and l oblgatons theren descrbed ( collectvely, the " Oblgatons") ncludng but not lmted to ( a) the promssory note n the orgnal prncpal amount of$ 7, , executed by Vctora Blue Prnt Co., Inc. and Deborah Stange and payable to the order of Wells Fargo Bank, N.A. and ( b) all renewals and extensons of the note. Wells Fargo Bank, Natonal Assocaton s the current owner and holder of the Oblgatons and s the benefcary under the deed of trust. I 7. Default and Request to Act. Default has occurred under the deed of trust, and the benefcary has requested me, as substtute trustee, to conduct ths sale. Notce s gven that before the sale the benefcary may appont another person substtute trustee to conduct the sale, Dated: Februar 2, 20 IPaul Fletch- r. r Steve Brook Davd Garvn or Joe Woolsey or o. rse or Jod Steen, or Jame Steen 88 FEB 2 P j: 3 I Sues u e rustee g 75 E. Mulberry, Ste. 700 San Antono, Texas 7822, t, 20) ; ( 20) ( FAX) r b6 rc s a r I L& B 05593/ 0536/ L3970. DOCX/ 2
7 FILE No. ( 33 Le County Cork, Vctora County, Texas Address of Substtute Trustee: Jennfer M. Duplssey c/ o Holland& Knght LLP 00 Lousana, Sute 300 Houston, Texas Attn: L. Bradley Hancock nut FEB! 2 P DG NOTICE OF SALE BY SUBSTITUTE TRUSTEE p. ' STATE OF TEXAS c;f r, COUNTY OF VICTORIA RECITALS:. 20- MP VICTORIA, LTD., a Texas lmted partnershp (" Borrower") executed and delvered a) that certan Deed of Trust, Assgnment of Rents, Securty Agreement and Fxture Flng ( as modfed, f amended and assgned, from tme to tme, the " Deed of Trust"), dated as of February 8, 2007, to 3 ROBERT A. ROSENTHAL, as Trustee, for the beneft of Ctbank, N.A. ("Orgnal Lender"), the Deed of Trust beng recorded on February 5, 2007, as Instrument No of the Offcal Publc Records of Vctora County, Texas, conveyng certan land descrbed on Exhbt A attached hereto and made part hereof ( the " Land"), together wth all fxtures nstalled on sad land, all Leases and Rents and Profts, all enttlements, appurtenances, easements, rghts and prvleges pertanng to sad land and all of sad real and personal property, ncludng, wthout lmtaton, all water rghts and development rghts, and any land lyng n the streets, roads or avenues adjonng the Land or any part thereof ( collectvely, the " Deed of Trust Pledged Property"), and ( b) that certan Absolute Assgnment of Rents and of Landlord' s Interest n Leases, dated as of February 8, 2007, ( as modfed, amended and assgned, from tme to tme, the "ALR"), recorded on February 5, 2007, as Instrument No of the Offcal Publc Records of Vctora County, ITexas, whereby Borrower uncondtonally and absolutely assgned all of Borrower's rght, ttle and nterest n and to the Leases and Rents and Profts ( as such terms are defned n the ALR) to Orgnal Lender collectvely, the " ALR Pledged Property"). The Deed of Trust Pledged Property and the ALR Pledged Property beng hereafter referred to as the " Propery." All captalzed terms not otherwse defned heren shall have the meanng gven to such terms n the Deed of Trust and the ALR. NOTICE OF SALE BY SUBSTITUTE TRUSTEE PAGE v
8 2. Sad conveyances were made for the purpose of securng the payment of the ndebtedness descrbed n the Deed of Trust, ncludng but not lmted to, the ndebtedness evdenced by that certan Fxed Promssory Note ( the " Note"), dated as of February 8, 2007, executed by Borrower, as maker, payable to the order of Orgnal Lender, n the stated prncpal amount of$3, 365,000.00, as such Note s descrbed n the Deed of Trust. The Note, Deed of Trust, ALR and all other documents evdencng, governng or securng the Loan are herenafter collectvely referred to as the " Loan Documents." 3. The Deed of Trust was assgned by Orgnal Lender to ONE WEST BANK, FSB (" OI/ B FSB") pursuant to that certan Assgnment of Deed of Trust, Assgnment of Rents, Securty Agreement and Fxture Flng, dated effectve November 0, 200, recorded on January 3, 20, as Instrument No of the Offcal Publc Records of Vctora County, Texas. The ALR was assgned by Orgnal Lender to OWB FSB pursuant to that certan Assgnment of Absolute Assgnment of Rents and of Landlord's Interest n Leases, dated effectve November 0, 200, recorded on January 3, 20, as Instrument No of the Offcal Publc Records of Vctora County, Texas.. Effectve February 28, 20, OWB FSB was renamed ONEWEST BANK, NATIONAL ASSOCIATION(" 0 W/B N.A.") and changed from a federal savngs bank to a natonal bank. 5. Effectve as of August 3, 205, CIT GROUP INC. (" CIT") acqured IMB HOLDCO LLC, I the parent company of OWB N.A. CIT BANK, a Utah- state chartered bank and wholly owned subsdary of CIT, merged wth and nto OWB N.A. wth OWB N.A. survvng as a wholly-owned subsda g g subsdary of CIT wth the name CIT BANK, NATIONAL ASSOCIATION (" Lender"). 6. Borrower and Lender entered nto that certan Modfcaton Agreement ( Short Form) dated as of March 28, 207, recorded on March 30, 207, as Instrument No of the Offcal Publc Records of Vctora County, Texas. 7. The Note and all ndebtedness evdenced thereby, ncludng, but not lmted to, prncpal, nterest and attorneys' fees and expenses, together wth all ndebtedness descrbed n and secured by Deed of Trust and/ or the Loan Documents are herenafter collectvely referred to as the " Indebtedness." NOTICE OF SALE BY SUBSTITUTE TRUSTEE PAGE _ v
9 7. K Ax 8. By nstrument dtedas ofjnj!&. 28 recorded n the Offcal Pblc Records of jƒ Vctora Cony Txs, she of Tmse, of Sbstue Trustee, Request to Sb\ m\ Trustee, Lender removed ROBERT A. ROSNT and ay successor or substtute tmse j apponted by urc e document or oterw (collectvely, the " O rna Trustee"), as Trustee un der the Deed oftmtmdap apponted JENNIFER M. DUPU» EY as the Substtute Trustee thereunder to succeed to Babemevsedwt all of the ateadteoftheo al Trustee, as Trustee, n te Deed o Trust < Seg\ Poe, dwth all the prvleges the Trustee, by the» rsadcna ns o aededoftmk 9. The Indebtedness hs matured by ts own terms and as such, the InAUen ss s now I wholly due and payable. K \. I0. Lender, tepesent ow r and holder of the InAUenss secured by the Deed oftrst \. JENNIFER M. gr 7s\ as Substtute Trustee, sell t eproperty spode n the Deed of Trust the d } AL R n order to satsfy the IndUe ss to tee%. n that the proceeds from such sale are suffcent to d a and the Loan Documents, s the benefcar under the Deed of Trust, and has there Aa requested ta m NOTICE y SALE BY SUBSTITUTE TRUSTEE _ v ng a
10 NOTICE OF SALE: NOTICE IS HEREBY GIVEN, that on Tuesday, the 6th day of March, 208, begnnng no earler than 0: 00 a.m. CST and commencng wthn three ( 3) hours of such tme at the area n front of the East door of the Vctora County Courthouse, located at 5 North Brdge Street, Vctora, Vctora County, Texas, sad area havng been desgnated for conductng foreclosure sales n Vctora County by the Commssoners' Court of Vctora County, Texas through that certan document recorded n Volume 55, Page 522 ( Instrument No ) n the Offcal Publc Records of Vctora County, Texas, or at such other place as may be desgnated by the Commssoners' Court of Vctora County, Texas, I, the undersgned, or my successor as may be later apponted, as Substtute Trustee under the Deed of Trust, wll sell the Property by no later than : 00 p. m. on sad day of sale, to the hghest bdder for cash; provded that Lender ( or ts assgnee of the Loan Documents, herenafter, the " Assgnee") may bd and become the purchaser of the Property, and all or a porton of the bd of Lender ( or the Assgnee) may consst of a credt to be gven aganst the Indebtedness owng. If Lender (or the Assgnee) s the successful bdder, ts bd shall be appled as a credt aganst the Indebtedness to the extent possble. After commencng the sale, the Substtute Trustee conductng the sale may from tme to tme adjourn the sale to be recommenced and completed at any tme pror to :00 p.m. on the same day. Lender may wthdraw the Property or cancel the foreclosure sale at any tme pror to the commencement of the sale. A debtor who s servng on actve mltary duty may have specal rghts or relef related to ths notce under federal law. ncludng the Servcemembers Cvl Relef Act ( 50 U. S. C. 390 et seq.). and state law, ncludng Secton Texas Property Code. Assert and protect your rghts as a member of the armed forces of the Unted States. If you are or your spouse s servng on actve mltary duty, ncludng actve mltary duty as a member of the Texas Natonal Guard or the Natonal Guard of another state or as a member of a reserve component of the armed forces of the Unted States, please send wrtten notce of the actve duty mltary servce to the sender of ths notce. Remander of Page Intentonally Left Blank; Sgnatures Appear on the Followng Page] NOTICE OF SALE BY SUBSTITUTE TRUSTEE PAGE _ v
11 EXECUTED as of the / D' day of February, 208. SUBSTITUTE TRUSTEE:. carae Al.ā Je7 ssey r fl O(Z.(,pP STATE OF TEXAS COUNTY OF CCIANCE ) Ths nstrument was acknowledged before me on the ( Ole day of February, 208, by JENNIFER M. DUPLISSEY, solely n her capacty as Substtute Trustee. SEAL) 0:0,, STEPHEN W. SNIVELY Notary Pubhc n and for the State of'- esfz,.drd Commsson M ar - fj W S * I tom.\/ Explru Ikamblr 7, 20 Ia Otentlro ksiummo00.m Notary' s Name Typed or Prnted My Commsson Expres: r NOTICE OF SALE BY SUBSTITUTE TRUSTEE PAGE _ v
12 z lll' ' EXHIBIT A LEGAL DESCRIPTION OF LAND l Lot One- R ( R), Block 28, ORIGINAL TOWNSITE RESUBDIVISION NO. 32, an Addton to the Cty of Vctora, VICTORIA County, Texas, accordng to the map or plat thereof recorded n Volume 7, Page 83-C, of the Plat Records of VICTORIA County, Texas.. g y EXHIBIT A TO NOTICE OF SALE BY SUBSTITUTE TRUSTEE _y SOLO PAGE
13 to MILE No, 9339 Notce of Trustee' s Sale County Clerk, Vctora County, Texas 208 FEB 3 A : 00 Date: February 8, 208 j Trustee: Lender: Clay E. Morgan WC Ranches, LLC VI ;,., f,. rxas Note: Real Estate Len Note dated / 5/ 206, n the orgnal prncpal amount of$ 55,00.00, executed by Borrower and made payable to the order of Lender. r Deed of Trust: Deed of Trust dated / 6/ 206, executed by Dakota W. Gadel and Shasta R. Gadel to Clay E. Morgan, Trustee for the beneft of lender, coverng the Property and recorded n Document Number of the Offcal Publc Records of Vctora County, Texas Property: (Tract 26, Sec. 2) a acre tract n the G.A. Lev Survey, A- 373 n Vctora County, Texas. Date of Sale ( frst Tuesday of month): March 6, 208 Tme of Sale: : 00 p.m. to : 00 p.m., local tme E f Place of Sale: The locaton desgnated by the commssoner' s court of Vctora County, Texas for conductng publc foreclosure sales s at 5 N. Brdge Street, Vctora, Texas Lender has duly apponted Clay E. Morgan as Trustee under the Deed of Trust. Lender has nstructed Trustee to offer the Property for sale toward the satsfacton of the Note. a a Notce s gven that on the Date of Sale, Trustee wll offer the Property for sale at publc aucton at the Place of Sale, to the hghest bdder for cash, " AS- IS." The earlest tme the sale wll occur s the Tme of Sale, and the sale wll be conducted no later than three hours thereafter. Assert and protect your rghts as a member of the armed forces of the Unted States. If you are or your spouse s servng on actve mltary duty, ncludng actve mltary duty as a member of the Texas Natonal Guard or the Natonal Guard of another state or as a member of a reserve component of the armed forces of the Unted States, please send wrtten notce of the actve duty mltary servce to the sender of ths notce mmedately. ar2r/ Clay E. Morgan ys
14 EXHIBIT A f DALE L OLSON Regstered Professonal Land Surveyor 7 Water Street Bastrop, Texas Phone( 52) Fax( 52) QIUMSIMUDJWIMMLml FIELD NOTES FOR A ACRE TRACT IN THE G.A. LEVI COUNTY, TEXAS. SURVEY IN VICTORIA BEING Tract No. 26, Wllow Creek Ranch 2, an unrecorded subdvson, and beng a acre tract or parcel of land out of and beng a part of the G. A. Lev Survey, A-373, n Vctora County, Texas, and beng a part of that certan acre tract descrbed In a deed from Tracy Post album, Trustee, to Nne Mle Investments, Ltd., recorded In Instrument No , Vctora County Offdal Publc Records. Heren descrbed tract or parcel of land beng more partcularly descrbed by metes and bounds as follows: COMMENCING FOR REFERENCE at a 5/ 8 Inch Iron rod found In the center of Wllow Creek Ranch Road, a 60 foot roadway easement. as recorded n Doc. No and , Vctora County Offcal Publc Records, In the south lne of that certan acre tract descrbed In a deed from Tracy Post album, Trustee, to Nne Mle Investments, Ltd., recorded n Instrument No. 207, Vctora County Offcal Publc Records, at the northwest corner of the Harry Wllam] aver, acre tract recorded n Instrument No , Vctora County Offcal Publc Records, and the northeast corner of the acre tract, ofwhch ths s a part. THENCE wth the southeast lne of the Nne Mle Investments acre tract and northwest lne of the Javer acre tract, S 3 deg. 56 mn. 33 sec. W, at 36.0 feet pass a 5/ 8 nch Iron rod Found for Reference In the south lne of Wllow Creek Ranch Road, feet In all to a rock found near a fence corner, the north corner of that certan 263 acre tract descrbed as Tract In a deed from Natalan Mayer to Nelson Janssen, recorded n Vol. 30, Page 320, Vctora County Offcal Records, the west corner of the Javer acre tract, for an angle of the acre tract THENCE contnung wth a northwest lne of the Janssen 263 acre tract and the t southeast lne of the acre tract, S deg. 03 mn. 22 sec. W, feet to a m 5/ 8 Inch Iron rod found at an Interor corner of the Janssen 263 acre tract and the south corner of the acre tract. THENCE wth a northeast lne of the) amen 263 acre tract and the southwest lne of the acre tract, N 35 deg. 2 mn. 28 sec. W, feet to a 5/ 8 nch ron rod set for the POINT OF BEGINNING, for the south corner of ths tract 2 THENCE contnung wth sad lne, N 35 deg. 2 mn. 28 sec. W, feet to a rock found n the southeast lne of that certan acre tract descrbed as Tract III n f the before sad deed to Nelson Janssen, the most southerly west corner of the acre tract, for the west corner of ths tract. THENCE wth the southeast lne of the Janssen acre tract and lower northwest lne of the acre tract, N 5 deg. 35 mn. 25 sec. E, feet to a 5/ 8 Inch Iron rod set for the north corner of ths tract. THENCE 5 deg. 30 mn. 2 sec. E, at 533. feet pass a 5/ 8 nch ron rod set In the northwest lne of Sumac Road, a 60 foot roadway easement, 563. feet n all to a pont n the center of same, for the east comer of ths tral. J THENCE wth the center of Sumac road, S 3 deg. 56 mn. 33 sec. W, at 67.3 feet pass a 5/ 8 Inch Iron rod set n a cul-de-sac at the termnaton of same, feet n all to the POINT OF BEGINNI. r fnng acres of land. OF, 3'.' Dale L. Olson III- 8" Mchael D. Olson Reg. Pro. Land Surveyor 7.5. a. Reg. Pro. Land Surveyor Dee LQlon Surveyng Co. Order# s_26 Date Created: FILED AND RECORDED OFFICIAL PUBLIC RECORDS A g ORIGINAL SCANNED& p TO: Hed Easley, County lark DATA Vctora County Texas January 5, ND DENAG FEE: $ D r
15 Z. MEN. 933k Notce of Trustee' s Sale County Clerk, Vctora County, Texas Date: February 8, 208 Trustee: Clay E. Morgan c Z08 FEB 3 AcaSR 0 Lender: WC Ranches, LLC XIS Note: Real Estate Len Note dated 0/ 30/ 205, n the orgnal prncpal amount of $ 9, 00.00, executed by Borrower and made payable to the order of Lender. Deed of Trust: Deed of Trust dated 0/ 30/ 205, executed by Edward Benot Jr. & Brttney Benot to Clay E. Morgan, Trustee for the beneft of lender, coverng the Property and recorded n Document Number of the Offcal Publc Records of Vctora County, Texas Property: (Tract 6, Sec. 2) - A acre tract n the G.A. Lev Survey, A- 373 n Vctora County, Texas Date of Sale (frst Tuesday of month): March 6, 208 ' Tme of Sale: : 00 p.m. to : 00 p. m., local tme Place of Sale: The locaton desgnated by the commssoner' s court of Vctora County, Texas for conductng publc foreclosure sales s at 5 N. Brdge Street, Vctora, Texas Lender has duly apponted Clay E. Morgan as Trustee under the Deed of Trust. Lender has nstructed Trustee to offer the Property for sale toward the satsfacton of the Note. t x Notce s gven that on the Date of Sale, Trustee wll offer the Property for sale at publc aucton at the Place of Sale, to the hghest bdder for cash, " AS- IS." The earlest tme the sale wll occur s the Tme of Sale, and the sale wll be conducted no later than three hours thereafter. Assert and protect your rghts as a member of the armed forces of the Unted States. If you are or your spouse s servng on actve mltary duty, ncludng actve mltary duty as a member of the Texas Natonal Guard or the Natonal Guard of another state or as a member of a reserve component of the armed forces of the Unted States, please send wrtten notce of the actve duty mltary servce to the sender of ths notce mmedately. 6`,), Clay E. Mor an
16 EXHIBIT A s DALE. L. OLSON Regstered Professonal Land Surveyor 7 Water Street Bastrop, Texas Phone( 52) Fax( 52) olsonsurvewostxolo I Q l FIELD COUNTY, NOTES TEXAS. FOR A ACRE TRACT IN THE G.A. LEVI SURVEY IN VICTORIA BEING Tract No. 6, Wllow Creek Ranch 2, an unrecorded subdvson, and beng a acre tract or parcel of land out of and beng a part of the G.A. Lev Survey, A-373, n Vctora County, Texas, and beng a part of that certan acre tract descrbed n a deed from Tracy Post album, Trustee, to Nne Mle Investments, Ltd., recorded n Instrument No , Vctora County Offcal Publc Records. Heren descrbed tract follows: or parcel of land beng more partcularly descrbed by metes and bounds as COMMENCING FOR REFERENCE at a 5/ 8 nch ron rod found n the center of Wllow Creek Ranch Road, a 60 foot roadway easement as recorded n Doc. No and , Vctora County Offcal Publc Records, n the south lne of t that certan acre tract descrbed In a deed from Tracy Post album, Trustee, to Nne Mle Investments, Ltd., recorded n Instrument No. 207, Vctora County Offcal Publc Records, at the northwest corner of the Harry Wllam_laver, acre tract recorded n Instrument No , Vctora County Offcal Publc Records, and the northeast corner of the acre tract, of whch ths s a part. THENCE wth the south lne of the Nne Mle Investments acre tract and north lne of the acre tract, of whch ths s a part, along the center of Wllow Creek Ranch Road, N 79 deg. 3 mn. 9 sec. W, feet to a pont where same ntersects the center of Slppery Elm Road, a 60 foot roadway easement. THENCE wth the center of Slppery Elm Road, S 08 deg. 39 mn. 3 sec. W, feet to a pont at the begnnng of a curve to the rght. A. THENCE contnung wth the center of Slppery Elm Road, along a curve to the rght whose radus s feet; whose long chord bears S 26 deg. 8 mn. 30 sec. W, A t feet; feet along the arc to a pont at the end of same. THENCE contnung wth the center of Slppery Elm Road, S 3 deg. 56 mn. 33 sec. W, feet to a pont where same ntersects the center of Ironwood Road, a 60 foot roadway easement. THENCE wth the center of Ironwood Road, N 6 deg. 03 mry. 27 sec. W, feet to a pont n the center of a cul-de- sac of Ironwood Road, for the POINT OF BEGINNING, for the east corner of ths tract, from whch a 5/ 8 nch Iron rod Set for Reference n the southwest lne of the sad cul- de- sac bears S 3 deg. 56 mn. 33 sec. E, feet THENCE S 3 deg. 56 mn. 33 sec. W, feet to a 5/ 8 nch ron rod set for the south corner of ths tract. THENCE N 6 deg. 03 mn. 27 sec. W, feet to a 5/ 8 nch ron rod set for the west corner of tns tract. THENCE N 3 deg. 56 mn. 33 sec. E, feet to a 5/ 8 nch ron rod set for the north corner of ths tract. THENCE 5 8 deg. 08 mn. 30 sec. E, at feet pass a 5/ 8 nch Iron rod set n the before sad cul-de- sac of Ironwood Road, feet n all to the POINT OF BEGGINNNING, contanng acres of land. 7 Of y Dale L. Olson -' ' Mchael D. Olson t; Reg. Pro. Lana Surveyor,~ r, 76/:+ Reg. Pro. Land Surveyor 5386 Q' - v:. - n Surveyng Co. Order# s_6 Date Created: f, FILED AND r I OFFICIAL PUBLIC RECORDS ORIGINAL SCANNED RECORDED I RNED TO: dt* 0okr. Hed Easley, County Jerk ) ATB Vctora County Texas November 02, AM Gl NtG FEE: $ D T 2fo I52a$2 r
17 r FILE Ma j.3 FILED county Ce, Vctora County, Was of Trustee' s Sale Date: February 8, 208 BJ8 FEB 3 IA Trustee: Clay E. Morgan t V 058 Lender: WC Ranches, LLC v7: ' J T TEXAS N Note: Real Estate Len Note dated 0/ 28/ 205, n the orgnal prncpal amount of$ 59,00.00, executed by Borrower and made payable to the order of Lender. J Deed of Trust: Deed of Trust dated 0/ 28/ 205, executed by Pomposa Calbllo to Clay E. Morgan, Trustee for the beneft of lender, coverng the Property and recorded n Document Number of the Offcal Publc Records of Vctora County, Texas Property: (Tract 65, Sec. 2) - A 5.86 acre tract n the Day Land and Cattle Company Survey, A- 90 n Vctora County, Texas. Date of Sale ( frst Tuesday of month): March 6, 208 Tme of Sale: : 00 p. m. to : 00 p.m., local tme 3E a r Place of Sale: The locaton desgnated by the commssoner's court of Vctora County, Texas for conductng publc foreclosure sales s at 5 N. Brdge Street, Vctora, Texas Lender has duly apponted Clay E. Morgan as Trustee under the Deed of Trust. Lender has nstructed Trustee to offer the Property for sale toward the satsfacton of the Note. Notce s gven that on the Date of Sale, Trustee wll offer the Property for sale at publc aucton at the Place of Sale, to the hghest bdder for cash, " AS- IS." The earlest tme the sale wll occur s the Tme of Sale, and the sale wll be conducted no later than three hours thereafter. Assert States. and protect your rghts as a member of the armed forces of the Unted If you are or your spouse s servng on actve mltary duty, ncludng actve mltary duty as a member of the Texas Natonal Guard or the Natonal Guard of another state or as a member of a reserve component of the armed forces of the Unted States, please send wrtten notce of the actve duty mltary servce to the sender of ths notce mmedately. Clay E. Morgan G a
18 . w x ttt EXHIBIT A DALE L OLSON Regstered Prdesslona Land Surveyor 7 Water Street Bastrop, Texas Phone( 52) Fax( 52) glsonscataksxgabautt VICTORIA FIELD NOTES COUNTY, FOR TEXAS. A ACRE TRACT IN THE DAY LAND AND CATTLE CO. SURVEY IN. s tracer BEING Tract No. 65, Wllow out Creek Ranch 2, an unrecorded subdvson, and beng a 5.86 acre Vctora Texas, ng a Wrt of the Day land and lttle Co. Survey, A-90, n Tr beng a part of that certan acre tract descrbed In a deed , Tracy Post Vctora Cburn, County Trustee, Oddet to Publc NneRecords. Mlle Investtnents, Heren descrbed LW., recorded In Instrument No. more p s tract or parcel of land descrbed by mates and bounds as follows: beng COMMENCING FOR REFERENCE at a 5/ 8 nch kw rod found In the center of Wllow Creek Ranch Road, a 60 foot roadway easement as recorded n Doc. No and , Vctora County Omclal Publc Records, n the south lne of that certan acre tract descrbed n a dead from Tracy Post Cburn, Trustee, to Nne Mle Investments, Ltd., recorded n Instrument No. 207, Vctora County Omcal Publc Records, at the northwest corner of the Harry Wllam lver, acre tract recorded n Instrument No. 203L3879, Vctora County OBldal Publc Records, and the northeast whch ths Is a part corner of the acre tract, df THENCE wth the south lne of the Nne Mle Investments acre tract and north lne of the acre tract, of whch ths Is a part, along the center of Wllow creek Ranch Road, Slppery N Elm 79 deg. Road, 3amn. 60 foot 9 sec. roadway W, 93.2 easement. feet to a pont where same Intersects the center of to a pont THENCE at the wth begnnng the center of a curve of Slppery to the Elm rght. Road, S 08 deg. 39 mn. 3 sec. W, feet THENCE contnung wth the center of Slppery Elm Road, along a curve to the rght whose radus feet along Is the arefeet; to awhose pont at long thechord end of bears same. S 26 deg. 8 mn. 30 sec. W, feet; THENCE feet to acontnung pont where wth same the ntersects center of the Slppery tenter ElmofRoad, S 3 deg. 56 mn. 33 sec. W, foot roadway easement Weepng Wllow Road, a second 60 THENCE wth the center of Weepng mn. 30 S feet to a pont for the POINT OF BEGINNIG, or W, south 0 of from from whch a 55/ 88 nch ron rod Set for Reference In the northwest One mn. 30 sec. E feet of the sad cul- de-sac bears N 8 deg. 08 corner of THENCE ths tract. N 8 deg. 08 mn. 30 sec. W, feet to a 5/ 8 nch ken rod set for the west THENCE N 3 deg. 56 mn. 3 sec. E, at 6.8 feet ntersectng the center of a creek, ths contnung tract. wsh the center d sad seek a total of feet rb a pont for the north comer d THENCE contnung wth the center of sad reek, S 89 deg. 59 mn. 50 sec. E het to a pont S 7 deg. 5 mn. 59 sec. E, feet to a pont for an angle; 588 deg. 0 mn. 20 corner sec. W, of33.9 ths tract feet to a pont; S 58 deg. 38 mn. 08 sec. E, 90.8 feet to a pont for the east sad creek, tan rod set nn the before 536 deg..32 mn. 38 sec. W, at feet pass a 5/ 8 nch OF BEGINNING, contanng 5.86 acres of land Wllow road, feet n all to the POINT Of ln. x: d am-. / OIL'n` I? t + Dale L. Olson 7. D. Olson Reg. Pro. Land Surveyor 753 ` t: Rag. Rte' Pm. Pro. Land Surveyor h Orderer s65 Obon Surveyng Co. Data Created: FILED AND RECORDED OFFICIAL PUBLIC RECORDS c- r. It rnal SCANNED St IVRN$ D 7b ux 0 h Hed Easley, County lerk Vctora County Texas ', A 0 ' 2 y. October 28, PM OH' r HK FEE $ ' 9
19 County Clerk, VctorraCounty, Texas Notce of Trustee' s Sale t Date: February 8, 208 Trustee: Clay E. Morgan t ; ' f, rcnty CI Ertf I b' Lender: WC Ranches, LLC v' 7";,, J. t Note: Real Estate Len Note dated 0/ 28/ 205, n the orgnal prncpal amount of$ 9, , executed by Borrower and made payable to the order of Lender. A Y a Deed of Trust: Deed of Trust dated 0/ 28/ 205, executed by Wllam Creager to Clay E. Morgan, Trustee for the beneft of lender, coverng the Property and recorded n Document Number of the Offcal Publc Records of Vctora County, Texas Property: (Tract 6, Sec. 2) - A 5. 9 acre tract n the Day Land and Cattle Company Survey, A- 77, Vctora County Texas. Date of Sale ( frst Tuesday of month): March 6, 208 t Tme of Sale: : 00 p.m. to : 00 p. m., local tme A' Al A Place of Sale: The locaton desgnated by the commssoner' s court of Vctora County, Texas for conductng publc foreclosure sales s at 5 N. Brdge Street, Vctora, Texas Lender has duly apponted Clay E. Morgan as Trustee under the Deed of Trust. Lender has nstructed Trustee to offer the Property for sale toward the satsfacton of the Note. Notce s gven that on the Date of Sale, Trustee wll offer the Property for sale at publc aucton at the Place of Sale, to the hghest bdder for cash, " AS- IS." The earlest tme the sale wll occur s the Tme of Sale, and the sale wll be conducted no later than three hours thereafter. Assert and protect your rghts as a member of the armed forces of the Unted States. If you are or your spouse s servng on actve mltary duty, ncludng actve mltary duty as a member of the Texas Natonal Guard or the Natonal Guard of another state or as a member of a reserve component of the armed forces of the Unted States, please send wrtten notce of the actve duty mltary servce to the sender of ths notce mmedately. Clay E. Morg
20 EXHIBIT A DALE L OLSON Regstered Professonal Land Surveyor 7 Water Street Bastrop, Texas Phone( 52) Fax( 52) olsonsurvevasbcgloba. net FIELD NOTES FOR A 5. 9 ACRE TRACT IN THE DAY LAND AND CATTLE CO. SURVEY IN VICTORIA COUNTY, TEXAS. BEING Tract No. 6, Wllow Creek Ranch 2, an unrecorded subdvson, and beng a 5. 9 acre tract or parcel of land out of and beng a part of the Day Land and Cattle Co. Survey, A-90, In Vctora County, Texas, and beng a part of that certan acre x` tract descrbed n a deed from Tracy Post album, Trustee, to Nne Mle Investments, Ltd., recorded n Instrument No , Vctora County Offcal Publc Records. bounds Heren descrbed as follows: tract or parcel of land beng more partcularly descrbed by metes and COMMENCING FOR REFERENCE at a 5/ 8 nch ron rod found n the center of Wllow Creek Ranch Road, a 60 foot roadway easement as recorded n Doc. No, and , Vctora County Offcal Publc Records, n the south lne of that certan acre tract descrbed n a deed from Tracy Post album, Trustee, to Nne Mle Investments, Ltd., recorded In Instrument No. 207, Vctora County Ne Offcal Publc Records, at the northwest corner of the Harry Wllam laver, acre tract recorded n Instrument No , Vctora County Offcal Publc Records, and the northeast comer of the acre tract, of whch ths s a part. THENCE wth the south lne of the Nne Mle Investments acre tract and north lne of the acre tract, of whch ths s a part, along the center of Wllow Creek Ranch Road, N 79 deg. 3 mn. 9 sec. W, 93.2 feet to a pont where same ntersects the center of Slppery Elm Road, a 60 foot roadway easement. THENCE wth the center of Slppery Elm Road, S feet to a pont at the deg. 39 mn. 3 sec. W, Po begnnng of a curve to the rght. THENCE contnung wth the center of Slppery Elm Road, along a curve to the rght whose radus s feet; whose long chord bears S 26 deg. 8 mn. 30 sec. W, feet; feet along the arc to a pont at the end of same. THENCE contnung wth the center of Slppery Elm Road, S 3 deg. 56 mn. 33 sec. Road, W, a second feet foot toroadway a pont easement. where same Intersects the center of Weepng Wllow THENCE wth the center of Weepng Wllow Road, N 0 deg. 08 mn. 30 sec. W, feet to a pont for the POINT OF BEGINNING, for the east corner of ths tract, from whch a 5/ 8 Inch ron rod Set for Reference n the southwest lne of the sad cul-desac bears N deg. 5 mn. 3 sec. E, feet. the south THENCE corners of ths deg. tract. 5 mn. 3 sec. W, feet to a 5/ 8 nch ron rod set for the west THENCE cornernof8 thsdeg. tract 08 mn. 30 sec. W, feet to a 5/ 8 nch ron rod set for the north THENCE cornernof3ths deg. tract. 56 mn. 3 sec. E, feet to a 5/ 8 nch Iron rod set for THENCE S 8 deg. 08 mn. 30 sec. E, at feet pass a 5/ 8 nch ron rod set n the before sad cul- de-sac of Weepng Wllow road, feet n all to the POINT OF BEGINNING, contanng 5. 9 acres of land. Dale L Olson. Reg. Pro. Land Surveyor 7 Order# _6 rr r>s! Mchael D. Olson Reg. Pro. Land Surveyor b386 a: Surveyng yl g Co. Date Created: u FILED AND RECORDED OFFICIAL PUBLIC RECORDS LKIOINAL SCANNED& SIP' KETURNED TO: GABR r e. e rlrq t Hed Easley, County leek DATE JO '?-,c o Vctora County Texas October 28, ' 08 P DHrAK FEE. $ 8 00 D/ T
21 7-3 y/ F L E D Frg No. ' t County Clerk, Vctora County, Texas Notce of Trustee' s Sale Date: February 8, FEB 3 A 0 5b N Trustee: Clay E. Morgan E' t rt art,, (. ERK Il Lender: K WC Ranches, LLC WTI' f. TEXAS. Note: Real Estate Len Note dated 5/ 9/ 206, n the orgnal prncpal amount of$ 5,00. 00, executed by Borrower and made payable to the order of Lender. I Deed of Trust: Deed of Trust dated 5/ 9/ 206, executed by Catherne Orta and Ryan Glass to Clay E. Morgan, Trustee for the beneft of lender, coverng the Property and recorded n Document Number of the Offcal Publc Records of Vctora County, Texas Property: Tract 27 - Sec. 2, a acre tract n the G.A. Lev Surve y, s A- 373 Vctora County, Texas Date of Sale ( frst Tuesday of month): March 6, 208 Tme of Sale: Place of Sale: : 00 p. m. to : 00 p.m., local tme The locaton desgnated by the commssoner' s court of Vctora County, Texas for conductng publc foreclosure sales s at 5 N. Brdge Street, Vctora, Texas Lender has duly apponted Clay E. Morgan as Trustee under the Deed of Trust. Lender has nstructed Trustee to offer the Property for sale toward the satsfacton of the Note. Notce s gven that on the Date of Sale, Trustee wll offer the Property for sale at publc aucton at the Place of Sale, to the hghest bdder for cash, " AS- IS." The earlest tme the sale wll occur s the Tme of Sale, and the sale wll be conducted no later than three hours thereafter. t Assert and protect your rghts as a member of the armed forces of the Unted States. If you are or your spouse s servng on actve mltary duty, ncludng actve mltary duty as a member of the Texas Natonal Guard or the Natonal Guard of another state or as a member of a reserve component of the armed forces of the Unted States lease send wrtten mltary servce to the sender of ths notce mmedately. tten notce of the actve duty Clay E. org
22 I EXHIBIT A. I DALE L. OLSON Regstered Professonal Land Surveyor 7 Water Street Bastrop, Texas Phone( 52) Fax( 52) lsonsurvey0Sbcglebal_net 2 u FIELD NOTES FOR A ACRE TRACT IN THE G.A. LEVI SURVEY IN VICTORIA COUNTY BEING Tract No. 27, Wllow Creek Ranch 2, an unrecorded subdvson, a acre tract or parcel of land out of and beng a part of the GA. Lev Survey, A-373, n Vctota` ry, T' and beng a part of that certan acre tract descrbed n Trustee, to Nne Mle Investments, Ltd., a deed from Tracy Y Post C Offcal Publc Records, Heren descrbed recorded Corr , Vctora Country County parcel bet by metes and bounds as follows: 9 more partcularly descrbed COMMENCING FOR REFERENCE at a 5/ 8 nch Iron rod found n the center d Wllow Creek Ranch Road, a 60 foot roadway easement as recorded n Doc. No and , Vctora County Offcal Publc Recordsy n the south lne of that certan acre tract descrbed In a deed from Tracy Post Clbum, Trustee, to Nne Mlle Invesbnents, Ltd., recorded n Instrument No. 207, Vctora County Offcal Publc Records, at the northwest corner of the Harry Wllam) aver, acre tract recorded n Instrument No , Vctora whch ths County Is a part. Offcal Publc Records, and the northeast corner of the acre tract, of THENCE wth the southeast lne of the Nne Mle Invesbnents ace tract and northwest lne of the laver acre tact, S 3 deg. 56 mn. 33 sec. W, at fed pass a 5/ 8 nch Iron rod Found for Reference n the south lne of Wllow Creek Ranch Road, feet In all to a rock found near a fence corner, the north corner of that certan 263 acre tract descrbed as Tract In a deed from Natalan Mayer to Nelson Janssen, recorded In Vol. 30, angle Page 320, of thevctora County acre tract. Offcal Records, the west corner of the laver acre tract, for an THENCE contnung wth northwest lne of the Janssen 263 acre tract, 5 deg. 03 mn. 22 sec. W, feet to a rock found at an Interor corner of the Janssen 263 acre tract and angle corner of the acre tract. THENCE wth a northeast lne of the Janssen 263 acre tract and the southwest lne of the acre tract. N 35 deg. 2 mn. 28 sec. W, feet to a rock found In the northwest One of the Lev Survey and southeast, tne of the I.R. R. Co. No. 7, Survey, A- 98, at an nteror corner the before of the sad23. deed 00toacre Janssen, tract, the east corner of a acre tract descrbed as Tract III n THENCE wth the southeast fne of the Janssen acre tract and I. R.R. Co. No. 7 Survey and the northwest lne of the acre tract and G.A. Lev Survey, N 5 deg. 35 mn. corner 25 sec. ofe, ths 377. tract 79 feet to a 5/ 8 nch ron rod set for the POINT OF BEGINNING, for the west THENCE contnung wth sad lne, N 3 deg. 35 mn. 25 sec. E, feet to a 5/ 8 nch ron rod set for the north corner of ths tract. THENCE S deg. 30 mn. 2 sec. E, at feet pass a 5/ 8 nch Iron rod set for I reference n the northwest lne of Sumac Lane, a 60 foot roadway easement, feet n all to the center of Sumac Lane, for the east corner of ths tract. THENCE wth the center of Sumac Lane, 5 3 deg. 56 mn. 33 sec. W, feet to a edt For the south corner of ths tract, THENCE N deg. 30 mn. 2 sec. W at feet pass a 5/ 8 nch ron rod set for reference n the northwest lne of Sumac Road, 563. feet n all to the POINT OF BEGINNING, contanng acres of land. h OF,,. A * e' s, b A ORIGINAL 9CANN 3D& RBTURNBD TO: t Dale L. Olson.... T, Mchael D. Olsonl Reg. Pro. Land Surveyor 753.= sp Reg. Pro. Land Surveyor n Surveyng Order# s_27 ate Created: FILED AND RECORDED OFFICIAL PUBLIC RECORDS ntf ^ Hed Easley, County lr$, e z DAB 5.' /- - t( D -- sa' Vctora County T,cYa., May 20, 205 Ns 59 6 P I DENAr, FEE $ 8 00 D/ T j
23 FILE No. 93 Y2- Notce of Trustee' s Sale County Clerk, Vctora County, Texas Date: February 8, 208 j F. MO FEB 3 AID 5b Aj cp j) Trustee: C, e. Clay E. Morgan r Lender: WC Ranches, LLC t' l" f' I ` Y, TEXAS j* Note: Real Estate Len Note dated 8/ 5/ 202, n the orgnal prncpal amount of$ 0,00. 00, executed by Borrower and made payable to the order of Lender. Deed of Trust: Deed of Trust dated 8/ 5/ 202, executed by Lsa Broll to Clay E. Morgan, Trustee for the beneft of lender, coverng the Property and recorded n Document Number of the Offcal Publc Records of Vctora County, Texas Property: (Tract 5) Acres out of the Indanola Ralroad Co., Survey # 9, A- 90, Vctora County, Texas Date of Sale (frst Tuesday of month): March 6, 208 v Tme of Sale: : 00 p.m. to : 00 p.m., local tme jj q, Place of Sale: The locaton desgnated by the commssoner' s court of Vctora County, Texas for conductng publc foreclosure sales s at 5 N. Brdge Street, Vctora, Texas Lender has duly apponted Clay E. Morgan as Trustee under the Deed of Trust. Lender has nstructed Trustee to offer the Property for sale toward the satsfacton of the Note. Notce s gven that on the Date of Sale, Trustee wll offer the Property for sale at publc aucton at the Place of Sale, to the hghest bdder for cash, " AS- IS." The earlest tme the sale wll occur s the Tme of Sale, and the sale wll be conducted no later than three hours thereafter. Assert and protect your rghts as a member of the armed forces of the Unted States. If you are or your spouse s servng on actve mltary duty, ncludng actve mltary duty as a member of the Texas Natonal Guard or the Natonal Guard of another state or as a member of a reserve component of the armed forces of the Unted States, please send wrtten notce of the actve duty. mltary servce to the sender of ths notce mmedately. r Clay E. Morg n
24 DALE L. OLSON Regstered Professonal Land Surveyor 7 Water Street Bastrop, TX Phone ( 52) * Fax( 52) FIELD NOTES FOR TRACT NO. 5, A ACRE TRACT IN THE INDIANOLA RAILROAD CO. SURVEY NO. 9 IN VICTORIA COUNTY, TEXAS. BEING a 5.05 acre tract, lot, or parcel of land out of and beng a part of the Indanola Ralroad Co. Survey No. 9, A- 90, n Vctora County, Texas, and beng a part of that certan acre tract n me Indanola Ralroad Co. Surveys No. 5, 6, 9, and and the Day Land and Cattle Co. Survey descrbed n a deed from Tracy Post Clburns Independent Executrx and Trustee under the wll of John Wedon Clburn to Nne Mle Investments, LTD, dated Nov. 8, 20, recorded n Instrument No. 207, Vctora County Offcal Records. Heren descrbed tract or parcel of land oeng more partcularly descrbed by metes and bounds as follows: COMMENCING FOR REFERENCE at the southeast corner of the sad acre tract, a 5/ 8 ncn ron rod set at the ntersecton of a 60 foot access easement wth the west lne of US Hwy. No. 77 from wnch a 60d nal found at a fence corner at the northeast corner of the acre tract bears N 03 deg. mn. 20 sec. E, feet. THENCE wth the south lne of the sad acre tract and center of sad 60 toot access easement, N 79 deg. 3 mn. 9 sec. W, feet to a 5/ 8 nch ron rod set where same ntersects me center of another 60 foot access easement. THENCE wth the center of the last mentoned 60 foot access easement, N 0 deg. 58 mn. 0 scc. Nj, feet to a 5/ 8 nch ron rod set at the begnnng of a curve to the left. THENCE wth the sad curve to the left whose radus s feet; whose long chord bears N 20 deg. 3 mn. 6 sec. W, feet; feet along the arc to a 5/ 8 nch ron rod set at end of sad Lunde for the POINT OF BEGINNING, the south corner of ths tract, from whch a 5/ 8 nch ron rod Set tor Reference n the northeast lne of sad easement bears N 35 deg. 3 mn. 28 sec. E, feet. THENCE contnung wth the center of sad 60 foot easement, N 39 deg. 29 mn. 30 sec. W, feet to a 5/ 8 nch ron rod set n the center of a 60 foot radus cul- de- sac at termnaton of sad 6U root easement, for the west corner of ths tract, from whch a 5/ 8 nch ron rod Set for Reference ocars N 36 deg. 37 mn. 26 sec. E, feet. THENCE N 36 deg. 37 mn. 26 sec. E, feet to a 5/ 8 nch ron rod set n the northeast lne of the acre tract for the north corner of ths tract. THENCE wth the northeast lne of the acre tract, S 53 deg. 22 mn. 3 sec. E, feet to a 5/ 8 nch ron rod set for the east corner of ths tract. THENCE S 35 deg. 3 mn. 28 sec. W, feet to the POINT OF BEGINNING, contanng acres of land. F 3 Dae L. Olson n J 7 Mchael D. Olson keg. Pro. Land Surveyor 53:,. f Reg. Pro. Land Surveyor 5386 X20 Dale L. Olson Surveyng Co. Oroer T: 62-5 Date Created: 2, 3/
25 FILE No. 93q3 s Courtly Clerk,Vctora County,Texas NOTICE OF SUBSTITUTETRUSTEE'S SALE THE STATE OF TEXAS KNOW OF VICTORIA ASSERT ALL MEN BY THESE PRESENTS: COUNTY AND PROTECT YOUR RIGHTSAS A MEMBEROF THE ARMED FORCES OF THE UNITED STATES. IF YOU ARE OR YOUR SPOUSEIS 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 SERVICETO THE SENDEROF THIS NOTICE IMMEDIATELY.WHEREAS, by that certan Deed of Trust dated January, 2005, executed by GILBERT GARCIA (the Grantor"), to TROY GOTSCHALL (the Trustee"), " recorded n Instrument # DEED RECORDS,3 VICTORIA County,Texas, reference to whch s hereby made for all purposes, Grantors conveyed to the Trustee that certan real property herenafter descrbed, the (" Property"), whch Deed of Trust secures the payment of that certan 7, promssory note(" the Note")theren descrbed; and WHEREAS, FCI Lender Servces, Inc. whose address s P. O. Box 27370, Anahem Hlls,CA , s the duly authorzed mortgage Servcer for Arcadan Mortgage,who s the Mortgagee;and WHEREAS, authorzed the undersgned has been apponted Substtute Trustee n the place of the Trustee n the manner x by sad Deedof Trust;and WHEREAS, default has occurred under the terms of the Note and Deed of Trust, and the entre unpad prncpal balance and all accrued but unpad nterest owng under the Note has been accelerated and s now wholly due, and the owner and holder of the Note has requested the undersgned to sell the Property n accordance wth Secton of the Texas Property Code and the terms of the Deed of Trust,n order to satsfy the ndebtedness evdenced by the Note and securedby the Deedof Trust.NOW, THEREFORE, NOTICE IS HEREBY GIVEN that on Tuesday March 6,208, that beng the frst Tuesday of sad month, between :00 o'clocka.m. and three(3)hours thereafter, the undersgned wll sell the Property AT THE AREA IN FRONT OF THE EAST DOOR OF THE VICTORIA COUNTY COURTHOUSE, 5 NORTH BRIDGE STREET, OR IF THE PRECEDING AREA IS NO LONGER THE DESIGNATED AREA,AT THE AREA MOST RECENTLY DESIGNATED BY THE COUNTY COMMISSIONER'S COURT, VICTORIA COUNTY,TEXAS as the area where such sales are to take place. The Property wll be sold to the hghest bdder for cash. The Real Property s descrbed as follows: TRACT I: BEING Lot Number Thrty-Two(32),n Block Number One() of TANGERINEUNIT I, addtonto the Cty of Vctora,Vctora County,Texas, accordngto the establshed map and plat of e, an sad k addton of record n Volume6, Page 6, Map and Plat Records, Vctora County, Texas; I to whch s here now made for all purposes. TRACT Reference II: BEING a yard and outdoor use easement across a porton of Lot Number Thrty-One(3),n Block Number One(), of TANGERINEUNIT I,an addton to the Cty of Vctora, Vctora County, Texas, and beng more fully descrbed by metes and bounds n Exhbt"A"attached hereto and made a r part k. More hereof. tp commonly known as 08 Rattan Drve,Vctora, TX r a as of February /3, EXECUTED A e(tmothy e/ J. Harvard, or Le a Evans, or Jo Woolsey, or W.D.Larew, or Vck Hammonds, or Arnold Mendoza, as Substtute Trustee #22567 III X 6725
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