Foreclosure Notice*
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NOTICE OF FORECLOSURE SALE
BY PROPERTY OWNERS’ ASSOCIATION
In accordance with: V0 0 0 0 A 0
(1) the authority conferred upon STONE OAK PROPERTY OWNERS ASSOCIATION, INC.,
by those certain instruments entitled: (a) Second Amended and Restated Stone Oak Master Plan
as recorded in Volume 12551, Page 1414 et seq.; First Amendment to the Second Amended and
Restated Stone Oak Master Plan as recorded in Volume 11789, Page 769 et seq., Third Amendment
to the Second Amended and Restated Stone Oak Master Plan as recorded in Volume 13310, Page
1084 et seq.; Fourth Amendment to the Second Amended and Restated Stone Oak Master Plan as
recorded in Volume 13310, Page 1092 et seq., (b) and the Supplemental Declarations of Covenants,
Conditions and Restrictions for The Villages at Stone Oak Subdivision Unit 2 as recorded in Volume
13503, Page 1416, of the Real Property Records of Bexar County, Texas (collectively the
Declaration”), and all amendments and supplements to the above-referenced documents, if any;
(2) the lien created in the Declaration in favor of STONE OAK PROPERTY OWNERS
ASSOCIATION, INC., (hereinafter the ” Association”) against the property described below; and
(3) the foreclosure pursuant to the Order entered on August 27, 2024 in Cause No. 2024C108330
in the District Court, 150th Judicial District, Bexar County, Texas styled In Re: Order for Foreclosure
Concerning 1322 Whitby Tower, San Antonio, Texas 78258 Under Tex. R. Civ. Proc. 736; Stone Oak
Property Owners Association, Inc. v. Ramon M Diana
the Agent and Trustee for the Association, which is the beneficiary of the power of sale contained
in the Declaration and pursuant to Sections 209.0092 and 51.002 of the Texas Property Code will,
at the request of the Association in order to satisfy the indebtedness resulting from the default in
the payment to the Association of assessments and other charges authorized by the Declaration
and/or Texas Property Code, sell the property described as follows:
Lot 24, Block 50, New City Block 19219, The Villages At Stone Oak Unit II in the City of
San Antonio, Bexar County, Texas, according to plat thereof recorded in Volume 9579,
Page 42-43, Deed and Plat Records of Bexar County, Texas and more commonly known as
1322 Whitby Tower, San Antonio, TX 78258.
The property is scheduled to be sold on November 3, 2026 (that being the first Tuesday of said
month), at a public auction to the highest bidder, for cash.
The sale will take place no earlier than 10:00 a.m. and no later than three (3) hours after that time.
The sale will take place at 100 Dolorosa, San Antonio, TX 78205, in the area located outside on the
west side of the Bexar County Courthouse near the intersection of East Nueva Street and the
closed portion of South Main Avenue, or if such area is no longer the designated area, where sales
pursuant to Texas Property Code, Section 51.002 are to take place and the area most recently
designated by the Bexar County Commissioner's Court.
The Association reserves the right to postpone, withdraw, or reschedule the sale for another day.
In that case, the trustee or substitute trustee appointed by the Order 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
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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.
The sale of the property described above will be subject to any superior liens as provided for in the
Declaration and/or at law. The property will be sold in "as is, where is" condition, without any
express or implied warranties pursuant to Section 51.002 of the Texas Property Code. The property
shall be sold subject to the Right of Redemption After Foreclosure pursuant to Section 209.011 of
the Texas Property Code.
Default has occurred under the Declaration, and the Association, as beneficiary, has requested me,
as Trustee appointed by the Appointment of Agent and Trustee recorded under Clerk’s File No.
20250130600 in the Official Public Records of Real Property of Bexar County, Texas, to conduct this
sale. Notice is given that before the sale, the Association may appoint another person as substitute
trustee to conduct the sale.
The Trustee reserves the right to set further reasonable conditions for conducting the sale pursuant
to Section 51.0075 of the Texas Property Code. 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.
Assert and protect your rights as a member of the armed forces of the United States. If you or
your spouse is serving on active military duty, including active military duty as a member of
the Texas National Guard or the National Guard of another state or as a member of a reserve
component of the armed forces of the United States, please send written notice of the active-
duty military service to the sender of this notice immediately.
EXECUTED this the 30th day of September, 2026.
j
7
i
isty Applegate S{pra Boyd, Clinton F. Brown,
Elliott Cappuccio, Cliff Davis, Natalie Donato, Jeff
Hardaway, Noelle Hicks, Ashley Koirtyohann, Drew
Mallender, Melissa McLain, Brittany Olsen, Pooja
Patel, Ryan Quiroz, Eric B. Tonsul, Christopher L.
Trevino, and/or Kelton Wilkins, Agent and Trustee
for Stone Oak Property Owners Association, Inc.
2800 Post Oak Boulevard, Suite 5777
Houston, Texas 77056
(713) 780-4135
4706-00009
FILED
8/23/2024 10:41 AM
Gloria A. Martinez
Bexar County District Clerk
Accepted By: Norma Martinez
Bexar County - 150th District Court ;
NO.2024C108330
IN RE: ORDER FOR FORECLOSURE IN THE DISTRICT COURT
CONCERNING 150th JUDICIAL DISTRICT
1322 WHITBY TOWER,
SAN ANTONIO, TEXAS 78258 BEXAR COUNTY, TEXAS
UNDER TEX. R. CIV. P. 736
SR SLI SP SR SP SA LL
STONE OAK PROPERTY
OWNERS ASSOCIATION, INC.
Petitioner
RAMON M. DIANA
Respondent
OO LR LNT SF SN LG
DEFAULT ORDER GRANTING APPLICATION FOR ORDER FOR FORECLOSURE
On this date, the Court considered the application of STONE OAK PROPERTY OWNERS ASSOCIATION,
INC. to obtain an order to proceed with foreclosure of the real property located at 1322 Whitby Tower,
San Antonio, Texas 78258, more fully described as Lot 24, Block 50, New City Block 19219, The Villages
at Stone Oak Unit Hin the City of San Antonio, Bexar County. Texas, according to plat thereof recorded
in Volume 9579, Page 42-43, Deed and Plat Records of Bexar County, Texas. The Respondent's name and
last known address are: RAMON M. DIANA. P.O. Box 592896, San Antonio, Texas 78259. As required by
TEX. R. CIV. P. 736.3(b)( 1), all required parties were duly cited to appear and each failed to file a response
within the time required by law. The Court is of the opinion and finds that STONE OAK PROPERTY OWNERS
ASSOCIATION, INC. has met all the conditions precedent and requirements of TEX. R. Civ. P. 736.1.
Petitioner provided all the material facts in the Petitioner’s Application for Order of Foreclosure and supported
those facts by affidavits. The Court adopts those facts and incorporates such by reference in this Order. Further,
the Court finds no Respondent subject to this Order is protected from foreclosure by the Servicemembers Civil
Relief Act, 50 U.S.C. App. § 501 et seg. The Court finds the Application for Order for Foreclosure should be
granted in all respects.
IT IS THEREFORE ORDERED by this Court that the foreclosure of the property described
above shall proceed in accordance with the terms of the Second Amended and Restated Stone Oak Master
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Plan as recorded in Volume 12551, Page 1414 et seq. of the Real Property Records of Bexar County, Texas:
First Amendment to the Second Amended and Restated Stone Oak Master Plan as recorded in Volume
11789, Page 769 et seq. of the Real Property Records of Bexar County; Texas; Third Amendment to the
Second Amended and Restated Stone Oak Master Plan as recorded in Volume 13310, Page 1084 et seq. of
the Real Property Records of Bexar County, Texas: Fourth Amendment to the Second Amended and
Restated Stone Oak Master Plan as recorded in Volume 13310, page 1092 et seq. of the Real Property
Records of Bexar County, Texas; and the Supplemental Declarations of Covenants, Conditions and
Restrictions for The Villages at Stone Oak Subdivision Unit 2 as recorded in Volume 13503, Page 1416, of
the Real Property Records of Bexar County, Texas and all amendments, annexations, supplements and
restatements thereto (hereinafter referred to as the "Declaration"). or if the Declaration does not include
power of sale, the foreclosure shall proceed pursuant to TEX. PROP. CODE § 209.0092 and § 51.002, with
respect to the following described property situated in Bexar County. Texas:
1322 Whitby Tower, San Antonio, Texas 78258. more fully described as Lot 24. Block 50,
New City Block 19219, The Villages at Stone Oak Unit Il in the City of San Antonio,
Bexar County, Texas, according to plat thereof recorded in Volume 9579, Page 42-43,
Deed and Plat Records of Bexar County, Texas (hereinafter referred to as the "Property").
The foreclosure sale shall be conducted in accordance with TEX. PROP. CODE § 51.002 et sey. and the Trustee
shall post notice of foreclosure of the Property, give Respondent notice of said intended sale, seize the Property
and conduct a sale of the Property, which shall take place on the first Tuesday of any month after the expiration
of twenty-one (21) days following the posting of notice of sale and issuance of notice. The Trustee shall at said
sale, auction the Property for cash to the highest bidder. Petitioner shall be permitted to bid on the Property
and credit the amount bid against the amount due Petitioner by Respondent. For purposes herein, service of
notice shall be considered effective when deposited with the United States Postal Service by certified mail —
retum receipt requested, postage prepaid, addressed to the Respondent at the last known address in the records
of Petitioner.
IT IS FURTHER ORDERED that the Petitioner recover through foreclosure all delinquent
assessments, interest, late fees and collection costs in the amount of $494.46 of and from Respondent through
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the date of this Order plus all assessments, interest and late fees. as permitted by the Declaration and collection
costs that accrue after the date hereof through the actual date of foreclosure.
IT IS FURTHER ORDERED that the Petitioner recover all costs of court from Respondent through
this Order plus all costs of Court incurred through the date of foreclosure.
IT IS FURTHER ORDERED that Petitioner is entitled to recover attorney’s fees and expenses through
foreclosure in the amount of $2,172.00 through the date of this Order plus $1,000.00 and all expenses associated
with the commencement of foreclosure proceedings. preparation of the Notice of Sale, conducting the
foreclosure sale and conveyance of the Property described herein from the proceeds of the sale of herein-
described real property. These fees are in addition to other attorney's fees awarded herein.
IT (S FURTHER ORDERED that MICHAEL B. THURMAN, and/or ZACHARY B. AOKI, be, and he 1s
hereby, appointed as Trustee to conduct the foreclosure. Petitioner may appoint a Substitute Trustee by
filing an Appointment of Substitute Trustee in the Official Public Records of Real Property of Bexar
County. Texas, upon which the Substitute Trustee shall replace the person then serving as Trustee and shall
thereupon succeed to assume all rights and responsibilities of his predecessor. Upon appointment of a
Substitute Trustee by Petitioner, the person who was immediately prior to such appointment serving as
Trustee shall be automatically removed and relieved of all rights and responsibilities as such Trustee.
IT IS FURTHER ORDERED this Order is not subject to a motion for rehearing, a new trial, a bill
of review or an appeal. Any challenge to the Order must be made in a separate, original proceeding filed
in accordance with TEX. R. Civ. P. 736.11.
IT IS FURTHER ORDERED that a copy of this Order Granting Application for Order for
Foreclosure be sent by Petitioner to RAMON M. DIANA with the Notice of Sale.
SIGNED AND RENDERED this day of _ 8/27/2024 2024.
,
JUDGE PRESIDING JUDGE MONIQUE DIAZ
PRESIDING JUDGE
150™ DISTRICT COURT
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APPROVED AS TO FORM AND SUBSTANCE:
THURMAN & PHILLIPS, P.C.
4093 De Zavala Road
Shavano Park, Texas 78249
Tel: (210) 341-2020
Fax: (210) 344-6460
State Bar 20006500
mthurman@thurman-phillips.com
ZACHARY B. AOKI
State Bar No. 01275870
zachary@thurman-philli ps.com
Attomeys for Petitioner
FILE INFORMATION
Document Number: 20261100262
Date/Time: 10/5/2026 3:33:25 PM
Total Pages: 6
FILED IN THE OFFICIAL PUBLIC
RECORDS OF BEXAR COUNTY
LUCY ADAME — CLARK
BEXAR COUNTY CLERK
Total Fees: $2.00
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