Foreclosure Notice*
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NOTICE OF FORECLOSURE SALE
Assert and protect your rights as a member of the armed forces of the United States.
If you are 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 asa
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.
The sender of this Notice is Michael R. Silberstein, with an address of 13703 Brightfield
Drive, Sugar Land, Texas 77498.
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF KAUFMAN §
Date: JULY 13, 2026 sg me
= SS 2m
1. Property to Be Sold. The property to be sold is described as follows: S 5 CS
2 ~~ Zo
f.Se Ly Be
4040 Elderberry Street, Fomey, Texas 75126 A = es
Being Lot Fifty-four (54), in Block B, of WINDMILL FARM, PHASE sBU =
an addition to the City of Forney, Kaufman County, Texas, according tothe - =
map or plat thereof, recorded in Cabinet 3, Envelope 256, of the Plat ~~
Records of Kaufman County, Texas.
2. Instrument to be Foreclosed. The instrument to be foreclosed is the Deed of Trust -
Wraparound Financing recorded as Document/File 20250009083 of the Official Public Records
of Real Property of Kaufman County, Texas.
3. Date, Time and Place of Sale. The sale is scheduled to be held at the following date, time
and place:
Date: August 4, 2026
Time: The sale will begin no earlier than 10:00 a.m. or no later than three hours
thereafter. The sale will be completed no later than 1:00p.m.
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Place: At such location at the Kaufman County Justice Center (Main
Courthouse), 1902 E. U.S. Highway 175, Kaufman, Kaufman
County, Texas 75142, or, as designated by the Kaufman
County Commissioners’ Court as the area where sales pursuant
to 51.002 of the Texas Property Code, or if the proceeding
area is no longer the designated area, at the area most recently
designated by the Kaufman Commissioners Court.
The deed of trust permits the beneficiary to postpone, withdraw, or reschedule the sale for
another day. In that case, the trustee of substitute trustee under the deed of trust need not appear
at the date, time and place of a scheduled sale to announce the postponement, withdrawal, or
rescheduling, Notice of the date of any rescheduled foreclosing sale will be reposted and re-
filed in accordance with the posting and filing requirements of the Texas Property Code. The
reposting or re-filing may be after the date originally scheduled for this sale.
4. Terms of Sale, The sale will be conducted as a public auction to the highest bidder for cash,
subject to the provisions of the deed of trust permitting the beneficiary there under to have the
bid credited to the note up to the amount of the unpaid debt secured by the deed of trust at the
time of sale.
Those desiring to purchase the property will need to demonstrate their ability to pay their
bid immediately in cash if their bid is accepted.
The sale will be made expressly subject to any title matters set forth in the deed of trust,
but prospective bidders are reminded that by law the sale will necessarily be made subject to all
prior matters of record affecting the property, if any, to the extent that they remain in force and
effect and have not been subordinated to the deed of trust. The sale shall not cover any part of
the property that has been released of public record 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.
Pursuant to section 51.009 of 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. Prospective bidders are advised to conduct an
independent investigation of the nature and physical condition of the property.
Pursuant to section 51.0075 of the Texas Property Code, the trustee reserves the tight 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.
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5. Type of Sale. The sale is a non-judicial deed-of-trust lien foreclosure sale being conducted
pursuant to the power of sale granted by the deed of trust executed by Luis Alberto Nieto
Hernandez, a divorced man.
The teal property encumbered by the deed of trust will be sold at the sale in accordance
with the provisions of the deed of trust and as permitted by section 9.604(a) of the Texas
Business and Commerce Code.
6. Obligations Secured. The Deed of Trust - Wraparound - Balloon provides that it secures the
Payment of the indebtedness and obli gations therein described (collectively the Obligations"),
including but limited to (a) the note in the original principal sum of $319,243.1 5, executed
by Luis Alberto Nieto Hernandez, a divorced man. Diamond Rose Ngo Vu is the current owner
and holder of the Obligation and is the beneficiary under the deed of trust.
As of July 13, 2026, there was owed $326,282.22 on the note attributable specifically to
this property only, being principal and interest in the following amounts: $316,931.34 of
principal and $9,350.88 of interest plus any additional late charges, property taxes paid by
beneficiary and attorney fees. The note is bearing interest at the rate of $77.28 per day
thereafter.
Questions concerning the sale may be directed to the undersigned or to the beneficiary,
Michael R. Silberstein, 13703 Brightfield Drive, Sugar Land, Texas 77498. Phone: (832) 287-
7146.
7. Default and Request to Act. Default has occurred under the deed of trust, and the
beneficiary has requested me, as substitute trustee, to conduct this sale. Notice is given that
before the sale the beneficiary may appoint another person substitute trustee to conduct the sale.
Dated: July 13, 2026
ichael R. Silberste?
13703 Brightfield Drive
Sugar Land, Texas 77498
Phone: (832) 287-7146
Email: m.silberstein
Substitute Trustee for Beneficiary
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STATE OF TEXAS
COUNTY OF FORT BEND
BEFORE ME, the undersigned authority, on this day personally appeared MICHAEL R.
SILBERSTEIN, known to me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged therein expressed,
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 13TH day of JULY, 2026.
Notarial Stamp and Seal
KATHERINE GODREAU
Notary ID #1 30328180
My Commission Expires
March 15, 2028
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