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Foreclosure Notice*
NOTICE OF TRUSTEE’S SAL 7/0 G2.
DEED OF TRUST INFORMATION:
Wajeeha Kanwal Khan and Muhammad | Deed of Trust Date | November 30, 2022
Tayyeb Ellahi
Original Mortgagee | Credit Union of Texas Original Principal. | $285,000.00
Recording Instrument #: 165907 in Denton County, | Original Trustee
Information Texas .
Property Address 12913 Viola Drive, Frisco, TX_75033 Property County. [Denton
Mortgage Servicer .
Mortgage Servicer
‘Address
MORTGAGE SERVICER INFORMATION:
Credit Union of Texas
Mortgagee
Current Credit Union of Texas
Beneficiary
‘Credit Union of Texas
CUTX
900 W. Bethany Drive,
Attn: Collections
Department, Allen, TX
75013 Ao «€
a
SALE INFORMATION: pa
Date of Sale 07/07/2026 \ 2
Time of Sale 01:00 PM orno Jater than 3 hours thereafter cs
The Courtyard area of the Southwest corner of the Denton County courts building in:Denton
County, Texas, or if the preceding area is no longer the designated area, at i area most
ee,
Place of Sale
recently designated by the Denton County Commissioner’s Court.
-] Substitute Trustees | Payton Hreha, Francesca Ortolani, Shelley Ortolani, Mary Mancuso, Liz Hach, Michele
Hreha, Caro! Dunmon, Taherzadeh, PLLC, Auction.com, Selim Taherzadeh, ofs Michae
Linke, any to act” am
15851 N. Dallas Parkway, Suite 410, Addison, TX 75001
Address
PROPERTY INFORMATION:
Legal Description as per the Deed of Trust:
BEING LOT 4, IN BLOCK E OF GRAYHAWK, PHASE XI, AN ADDITION TO THE CITY OF FRISCO,
DENTON COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET W,
PAGE 288, PLAT RECORDS OF DENTON COUNTY, TEXAS.
The Mortgage Servicer, if not the Current Mortgagee, is representing the Current Mortgagee pursuant to a Mortgage
Servicing Agreement.
Default has occurred under the Deed of Trust and all sums secured by the Deed of Trust were declared immediately
due and payable. The Beneficiary has, or caused another to, removed the Original Trustee and appointed Substitute
Trustees. On behalf of the Mortgagee, Mortgage Servicer, and Substitute Trustees, the undersigned is providing this
Notice of Trustee’s 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. .
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 other matters of record affecting the property, if
any, to the extent that they remain in force and effect and have not been subordinated to the Deed of Trust. The sale
shall not cover any part of the property that has been released from the lien of the Deed of Trust. Prospective bidders
are strongly urged to examine the applicable property records to determine the nature and extent of such matters, if
any.
Pursuant to the Deed of Trust, the Beneficiary has the right to direct the Trustee to sell the property in one or more
parcels and/or to sell all or only part of the property.
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- Taherzadeh, PLLC ;
Notice of Trustee’s Sales 165-00112 Page |
NOTICE OF TRUSTEE’S SALE
Pursuant to the Texas Property Code, the property will be sold in “as is, where is” condition, without any express or
implied warranties, except as to the warranties of title (if any) provided for under the Deed of Trust. Purchasers will
buy the property “at the purchaser’s own risk” and “at his/her peril”, and no representation is made concerning the
quality of title to be acquired. Purchasers will receive whatever interest Grantor and Grantor’s assigns have in the
property.
Pursuant to the Texas Property Code, the Trustee reserves the right to set further reasonable conditions for conducting
the Sale. Any such further conditions shall be announced before bidding is opened for the first Sale of the day held by
the Trustee or any Substitute Trustee.
The Deed of Trust permits the Beneficiary to postpone, withdraw, or reschedule the sale for another day. In that case,
the Trustee, or any subsequently appointed Trustee, need not appear at the date, time, and place of a scheduled sale to
announce the postponement, withdrawal, or rescheduling. Notice of the date of any rescheduled foreclosure sale will
be reposted-and refiled in accordance with the posting and filing requirements of the Texas Property Code. The
reposting or refiling may be after the date originally scheduled for this sale.
Interested parties are encouraged to consult counsel of their choice prior to participating in the sale of the property.
The U.S. Financial Crimes Enforcement Network (FinCEN) has implemented a new Anti-Money Laundering Rule
(the "Rule"), found at 89 FR 70258 and 31 CFR.1031.320. The Rule applies to certain non-financed residential real
estate sale transactions (including nonjudicial foreclosures) where the transfer is to a legal entity or trust. More infor-
mation regarding the Rule can be found at:
https://www.fincen.gov/rre
You are encouraged to consult with your own independent legal counsel if you have questions about how the Rule
affects your transactions. ,
If the property being purchased is residential real property and the Purchaser is a legal entity or trust, then the sale is
conditional and contingent upon the Purchaser, WITHIN SEVEN (7) DAYS OF THE. DATE OF THE FORE-
CLOSURE SALE (“Deadline”) providing the required information for reporting under the Rule to the law firm that
was handling the foreclosure on behalf of the mortgagee or mortgage servicer. The specific information you will be
required to produce can be found at:
https://bsaefiling-sandbox.fincen.gov/forms/RERX.pdf .
Purchaser hereby agrees that the Reporting Person has the SOLE RIGHT to use its reasonable discretion to determine
if the Purchaser has complied with the conditions of sale regarding the Rule.
THE PURCHASER HEREBY AGREES THAT THE PURCHASER IS SOLELY RESPONSIBLE FOR ANY PEN-
ALTIES ASSESSED AND/OR INCURRED FOR INCOMPLETE AND/OR INACCURATE INFORMATION PRO-
a ene eee en a
VIDED BY PURCHASER,
THE PURCHASER HEREBY AGREES TO INDEMNIFY THE REPORTING PERSON FOR ANY PENALTIES
CHARGED DUE TO THE INACCURACY OF THE REQUIRED INFORMATION OF THE PURCHASER UNDER
THE RULE. ,
Time is of the essence to ensure compliance with the Rule. IF THE REQUIRED INFORMATION IS NOT FULLY
AND COMPLETELY PROVIDED BY THE PURCHASER TO THE REPORTING PERSON, BY THE
DEADLINE, THE FORECLOSURE SALE WILL BE RESCINDED PURSUANT TO TEXAS PROPERTY
CODE SECTION 51.016. You are advised to contact the law firm that handled the foreclosure as soon as possible in
order to determine the best way to provide the necessary forms and information needed to comply with the Rule.
If you are unsure if you can comply with the conditions of sale, including but not limited to the timelines as
provided therein, then DO NOT BID. If the sale must be rescinded pursuant to the conditions stated herein,
Purchaser hereby agrees that the SOLE and ABSOLUTE remedy for the Purchaser due to the rescission of the
foreclosure sale because of the Rule will be the return of the consideration/purchase price paid, MINUS THE
REASONABLE AND NECESSARY FEES AND COSTS INCURRED BY THE LAW FIRM FOR RESCIND-
ING THE SALE AND RE-FORECLOSURE OF THE PROPERTY.
Assert and protect your rights as a member of the armed forces of the United States. If you or your
i i ili d i i i ili duty as a member of the Texas .
spouse is serving on active milita uty, including active milita
————T—E——E—e=—y———eEe=—eEeEeE=Ee——e——eEeE——SSS SSS
Taherzadeh, PLLC
Notice of Trustee’s Sale- 165-00112 Page 2
NOTICE OF TRUSTEE’S SALE
National Guard or the National Guard of another state or as a member ofa 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.
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;
Dated June 5, 2026,
/s/ Selim H. Taherzadeh
Selim H. Taherzadeh
TAHERZADEH, PLLC
15851 N. Dallas Parkway, Suite 410
Addison, TX 75001
Foreclosure@taherzlaw.com
P: (469) 729-6800 F: (469) 828-2772
Return to: Taherzadeh, PLLC
15851 N. Dallas Parkway, Suite 410
Addison, TX 75001
ee
Taherzadeh, PLLC ;
Notice of Trustee's Sale- 165-00112 Page 3
FILED: 6/5/2026 11:29 AM
David Trantham
Denton County District Clerk
By: Gaby Garcia, Deputy
CAUSE NUMBER 26-3953-481
IN RE: ORDER FOR FORECLOSURE IN THE DISTRICT COURT
CONCERNING
12913 VIOLA DRIVE
FRISCO, TX 75033
UNDER TEX. R. CIV. PROC. 736 481st JUDICIAL DISTRICT OF
Petitioner:
CREDIT UNION OF TEXAS,
Respondent(s):
MUHAMMAD TAYYEB ELLAHI AND
WAJEEHA KANWAL KHAN.
DENTON COUNTY, TEXAS
COA (OA (0) 609 6? CO? Ur 602 60) 602 60? 602 COD 602 602 (02 G2 CO? (G2
DEFAULT ORDER ALLOWING FORECLOSURE
Credit Union of Texas, Petitioner, on behalf of itself, its successors and assigns, has brought
before this Court for consideration its Application for Court Order Allowing Foreclosure of a Lien
Under Texas Constitution Article XVI, Section 50(a)(6)(D) (“Application”). Having considered
the evidence presented, the Court finds that:
1) the Application complies with Texas Rules of Civil Procedure (““TRCP”) 736.1;
2) the Application was properly served in accordance with TRCP 736.3;
3) a Respondent did not file a response to the Application by the due date; and
4) the return of service has been on file with the Clerk of the Court for at least 10 days; and
5) Petitioner has established the basis for foreclosure and finds that:
DEFAULT ORDER ALLOWING FORECLOSURE -165-00112
(a) Petitioner is the holder of a Texas Home Equity Note secured by a lien created
under Texas Constitution Article XVI, Section 50(a)(6). A debt exists.
(b) Installment payments have not been made when due and owing pursuant to the
terms of the Note and Deed of Trust.
(c) The obligation secured by the lien sought to be foreclosed is in default.
(d) The requisite notice to cure the default has been. mailed to each person as
required under applicable law and the loan agreement, contract, or lien sought to be
foreclosed and the opportunity to cure has expired. Before the Application was
filed, any other action required under applicable law and the loan agreement,
contract, or lien sought to be foreclosed was performed.
IT IS THEREFORE ORDERED that:
l. Credit Union of Texas, together with its successors and assigns, is hereby authorized to
serve Notice of Sale on each Respondent and may proceed with a foreclosure sale in accordance
with the security agreement and Texas Property Code Section 51.002 concerning the property with
a commonly known mailing address of 12913 Viola Drive, Frisco, TX 75033 and legal description
as described in the Real Property Records of Denton County, Texas as follows:
BEING LOT 4, IN BLOCK E OF GRAYHAWK, PHASE XI, AN ADDITION
TO THE CITY OF F RISCO, DENTON COUNTY, TEXAS, ACCORDING TO
THE PLAT THEREOF RECORDED IN CABINET W, PAGE 288, PLAT
RECORDS OF DENTON COUNTY, TEXAS.
DEFAULT ORDER ALLOWING FORECLOSURE __P _NUMBER_
2. The name and last known address of each Respondent subject to the order are:
Muhammad Tayyeb Ellahi
12913 Viola Drive
Frisco, TX 75033
Wajeeha Kanwal Khan
12913 Viola Drive
Frisco, TX 75033
3. The recording or indexing information of each lien to be foreclosed is as follows:
Instrument #: 165907 in the Real Property Records of Denton County, Texas.
4, A conformed copy of an Order Allowing Foreclosure must be attached to the trustee or
substitute trustee’s foreclosure deed in accordance with Rule 736.12 of the Texas Rules of Civil
Procedure.
5. Petitioner may communicate with each Respondent and all third parties as reasonably
necessary to conduct a foreclosure sale.
6/5/2026
Signed, this day of , 2026.
Judge Presiding
DEFAULT ORDER ALLOWING FORECLOSURE -165-00112
Approved as to form:
By: /s/ Scott H. Crist
QO Selim H. Taherzadeh
Texas Bar No. 24046944
st@taherzlaw.com
OQ) Jeremiah B. Hayes
Texas Bar No. 24048532
jh@taherzlaw.com
&) Scott H. Crist
Texas Bar No. 24057814
sc@taherzlaw.com
15851 N Dallas Parkway, Ste 410
Addison, TX 75001
Telephone: (469) 729-6800
Facsimile: (469) 828-2772
ATTORNEYS FOR PETITIONER
DEFAULT ORDER ALLOWING FORECLOSURE
—F_LNUMBER_.