tq_~ A / ~~Q NOTICE ofacceleration AND Nou~~~REE's SALE l y 4 ~- (:'c /.. o~ ~" ~ 1 ~ o'9b DEEDOFTRUSTINFORMATION: t. "4r ~~Ca ~c~..,~ <01; Date: 08/ 10/2005 c~... /.-) ~J\ ~ ~~ Grantor(s): TOMMY JEFF WEATHERALL A ~~ S w'bh~ral 6" ~o,. Original Mortgagee: AMERIQUEST MORTGAGE COMPA 'q- ~~ cq.>.:t- Original Principal: $76,500.00 ~ o~.., Recording Information: Book 2064 Page 543 Instrument 00022842 ~"o Property County: Van Zandt a~ Property: Reported Address: BEING ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND, A PART OF THE G.DEL TORO SURVEY, ABSTRACT N0.843, VAN ZANDT COUNTY, TEXAS, AND BEING A PART OF THAT CERTAIN 18 ACRE TRACT OUT OF SAID SURVEY DESCRIBED IN DEED DATED JULY 10, 1954, FROM ERA LUCILLE SCHAN ET AL, TO KATHERINE WATSON AS FOUND IN VOLUME 439, PAGE 573, OF THE DEED RECORDS OF VAN ZANDT COUNTY, TEXAS, AND THIS PORTION DESCRIBED AS FOLLOWS: BEGINNING AT A 1/2 INCH IRON ROD SET AT THE SOUTH CORNER OF SAID 18 ACRE TRACT, SAME BEING IN THE NORTHEAST RIGHT OF WAY OF HIGHWAY N0.64; THENCE NORTH 47 DEGREES 45 MINUTES EAST WITH THE SOUTHEAST LINE OF SAID 18 ACRE TRACT, 335.75 FEET TO A 1/2 INCH TIE ROD FOUND FOR CORNER IN SAME; THENCE NORTH 48 DEGREES WEST 130.40 FEET TO A 1/2 INCH IRON ROD SET FOR CORNER; THENCE SOUTH 47 DEGREES 45 MINUTES WEST 335.75 FEET TO A l INCH IRON AXLE FOUND FOR CORNER IN THE SOUTHWEST LINE OF SAID 18 ACRE TRACT, SAME BEING THE NORTHEAST RIGHT OF WAY OF SAID HIGHWAY N0.64; THENCE SOUTH 48 DEGREES EAST WITH SAID RIGHT OF WAY LINE SAID SOUTHWEST LINE OF SAID 18 ACRE TRACT, 130.40 FEET TO THE POINT OF BEGINNING, CONTAINING I ACRE OF LAND, MORE OR LESS. 21840 HWY 64 EAST, CANTON, TX 75103 MORTGAGE SERVICING INFORMATION; The Mortgage Servicer, if not the Current Mortgagee, is representing the Current Mortgagee pursuant to a Mortgage Servicing Agreement. Current Mortgagee: Mortgage Servicer: Current Beneficiary: Mortgage Servicer Address: Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R9 Ocwen Loan Servicing, LLC Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R9 1661 Worthington Rd, Suite 100, West Palm Beach, FL 33409 SALE INFORMATION; Date of Sale: Time of Sale: Place of Sale: Substitute Trustee(s): Substitute Trustee Address: Tuesday, the 4th day of July, 2017 IO:OOAM or within three hours thereafter. AT THE STEPS TO THE NORTH ENTRANCE OF THE COURTHOUSE in Van Zandt County, Texas, or, ifthe preceding area is no longer the designated area, at the area most recently designated by the Van Zandt County Commissioner's Court. Randy Daniel, Cindy Daniel, Braden Barnes, Michael Bums, Thuy Frazier, Alexander Wolfe, Suzanne Suarez or Adam Womack, any to act 14841 Dallas Parkway, Suite 425, Dallas, TX 75254 WHEREAS, the above-named Grantor previously conveyed the above described property in trust to secure payment of the Note set forth in the above-described Deed of Trust; and WHEREAS, a default under the Note and Deed of Trust was declared; such default was reported to not have been cured; and all sums secured by such Deed of Trust were declared to be immediately due and payable; and WHEREAS, the original Trustee and any previously appointed Substitute Trustee has been removed and Randy Daniel, Cindy Daniel, Braden Barnes, Michael Burns, Thuy Frazier, Alexander Wolfe, Suzanne Suarez or Adam Womack, any to act, have been appointed as Substitute Trustees and requested to sell the Property to satisfy the indebtedness; and WHEREAS, the undersigned law firm has been requested to provide these notices on behalf of the Current Mortgagee, Mortgage Servicer and Substitute Trustees; NOW, THEREFORE, NOTICE IS HEREBY GIVEN of the foregoing matters and that: 1. The maturity of the Note has been accelerated and all sums secured by the Deed of Trust have been declared to be immediately due and payable.
to participating in the sale of the property. Very truly yours, Buckley Madole, P.C.
CAUSE N0.16-00053 Filed 4/22/2016 11 :20:04 AM : Karen L. Wilson:. District Clerk; Van Zandt County, Texas1. I Kimberly Knowles 1, IN RE: ORDER FOR FORECLOSURE CONCERNING 21840 HWY 64 EAST, CANTON, TX 75103 UNDER TEX. R. CIV. PROC. 736 PETITIONER: OCWEN LOAN SERVICING, LLC AS SERVICING AGENT FOR DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR AMERIQUEST MORTGAGE SECURITIES INC., ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-R9 RESPONDENT(S): PATRICIA S. WEATHERALL, TOMMY JEFF WEATHERALL IN THE DISTRICT COURT VAN ZANDT COUNTY, TEXAS 294TH DISTRICT COURT 1: I l1 I' 1, I l DEFAULT ORDER ALLOWING FORECLOSURE 1. On this day, the Court considered Petitioner's motion for a default order granting its application for an expedited order under Rule 736. Petitioner's application complies with. the requirements of Texas Rule of Civil Procedure 736.1. 2. The name and last known address of each Respondents subject to this order are Patricia S. Weatherall, whose last known address is 21840 Hwy 64 E, Canton, TX 75103; and Tommy Jeff Weatherall, whose last known address is 21840 Hwy 64 E, Canton, TX 75103. Each Respondent was properly served with the citation, but none filed a response within the time required by law. The return of service for each Respondent has been on file with DEFAULT ORDER ALLOWING FORECLOSURE PAGE l OF3 9540-0829
the court for at least ten days. 3. The property that is the subject of this foreclosure proceeding is commonly known as 21840 Hwy 64 East, Canton, TX 75103 with the following legal description: BEING ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND, AP ART OF THE G.DEL TORO SURVEY, ABSTRACT N0.843, VAN ZANDT COUNTY, TEXAS, AND BEING A PART OF THAT CERTAIN 18 ACRE TRACT OUT OF SAID SURVEY DESCRIBED IN DEED DATED JULY 10, 1954, FROM ERA LUCILLE SCHAN ET AL, TO KATHERINE WATSON AS FOUND IN VOLUME 439, PAGE 573, OF THE DEED RECORDS OF VAN ZANDT COUNTY, TEXAS, AND THIS PORTION DESCRIBED AS FOLLOWS: BEGINNING AT A 1/2 INCH IRON ROD SET AT THE SOUTH CORNER OF SAID 18 ACRE TRACT, SAME BEING IN THE NORTHEAST RIGHT OF WAY OF HIGHWAY N0.64; THENCE NORTH 47 DEGREES 45 MINUTES EAST WITH THE SOUTHEAST LINE OF SAID 18 ACRE TRACT, 335.75 FEET TO A 112 INCH TIE ROD FOUND FOR CORNER IN SAME; TIIBNCE NORTH 48 DEGREES WEST 130.40 FEET TO A 1/2 INCH IRON ROD SET FOR CORNER; THENCE SOUTH 47 DEGREES 45 MINUTES WEST 335.75 FEET TO A 1 INCH IRON AXLE FOUND FOR CORNER IN THE SOUTHWEST LINE OF SAID 18 ACRE TRACT, SAME BEING THE NORTHEAST RIGHT OF WAY OF SAID HIGHWAY N0.64; TIIBNCE SOUTH 48 DEGREES EAST WITH SAID RIGHT OF WAY LINE SAID SOUTHWEST LINE OF SAID 18 ACRE TRACT, 130.40 FEET TO THE POINT OF BEGINNING, CONTAINING 1 ACRE OF LAND, MORE OR LESS. 4. The lien to be foreclosed is indexed or recorded at Volume: OR 2064, Page: 543, Instrument Number: 00022842 and recorded in the real property records of Van Zandt County, Texas. 5. The material facts establishing Respondent's default are alleged in Petitioner's application and the supporting affidavit. Those facts are adopted by the court and DEFAULT ORDER ALLOWING FORECLOSURE PAGE2 0 F3 9540-0829
. ' incorporated by reference in this order. 6. Based on the affidavit of Petitioner, no Respondent subject to this order is protected from foreclosure by the Servicemembers Civil Relief Act, 50 U.S.C. App. 501 et seq. 7. Therefore, the Court grants Petitioner's motion for a default order under Texas Rules of Civil Procedure 736.7 and 736.8. Petitioner may proceed with foreclosure of the property described above in accordance with applicable law and the loan agreement, contract, or lien sought to be foreclosed. 8. This order is not subject to a motion for rehearing, a new trial, a bill of review, or an appeal. Any challenge to this order must be made in a separate, original proceeding filed in accordance with Texas Rule of Civil Procedure 736.11. 4/22/2016 SIGNED-this day of _; 20 DEFAULT ORDER ALLOWING FORECLOSURE PAGB3 OF3 9540-0829