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Foreclosure Notice*
Deed of Trust:
Dated:
Grantor:
Trustee:
Lender:
Loan Servicer:
Recorded:
Secures:
Maturity Date:
Legal Description:
FORECLOSURE SALE:
Date:
Time:
Place:
Terms of Sale:
NOTICE OF FORECLOSURE SALE 5 SEP 14 AMO: 50
iy
January 6, 2023 py i Vn -
~WORK ZONE CONSTRUCTION, LLC, A kad LIMITED
LIABILITY COMPANY
Chris Ferguson, managing attorney of Jack O’ Boyle and Associates,
a professional limited liability company
Capital Fund I, LLC, an Arizona limited liability company
Capital Fund I, LLC, an Arizona limited liability company
Instrument #20230000000258, recorded on January 9, 2023, in the
official Real Property (Deed) Records of ROCKWALL COUNTY,
Texas
Promissory Note (“Note”) in the original principal amount of
$463,000.00, executed by WORK ZONE CONSTRUCTION, LLC,
A TEXAS LIMITED LIABILITY COMPANY (“Borrower”) and
payable to the order of Lender
January 1, 2024
BEING LOT NO. 32, BLOCK NO. A OF WINDMILL
VALLEY SUBDIVISION, AN ADDITION TO THE COUNTY
OF ROCKWALL, TEXAS, ACCORDING TO THE PLAT
THEREOF RECORDED IN VOLUME A, PAGE 157 OF THE
PLAT RECORDS OF ROCKWALL COUNTY, TEXAS; and
more commonly known as 204 WINDY LN, ROCKWALL, TX
75087
The sale of the Property will be held between the hours of 10:00
a.m. and §:00)pimi! local time; the earliest time at which the
Foreclosure Sale will begin is 10:00 a.m. and not later than three
hours thereafter.
THE AREA IMMEDIATELY OUTSIDE ON THE FRONT STEPS
OF THE ROCKWALINICOUNTY COURTHOUSE) LOCATED
AT 1111 YELLOWJACKET LANE IN ROCKWALL,
ROCKWALL COUNTY, TEXAS, OR IF THE PRECEDING
AREA IS NO LONGER THE DESIGNATED AREA, AT THE
AREA MOST RECENTLY DESIGNATED BY THE COUNTY
COMMISSIONERS COURT
The Foreclosure Sale will be conducted as a public auction and the
Property will be sold to the highest bidder for cash, except that
NOTICE OF FORECLOSURE SALE ATA a a PAGE 1 OF 3
4887062
Lender’s or Loan Servicer’s bid may be by credit against the
indebtedness secured by the lien of the Deed of Trust.
Substitute Trustee: | Bennett M. Wyse, Ted Gambordella, Jeff Benton, Brandy Bacon,
Jack Beckman, Brenda Wiggs, Guy Wiggs, David Stockman, Donna
Stockman, Janet Pinder, Michelle Schwartz, Jamie Dworsky,
Angela Brown, Leslie Shuler, Bonny Mounger, and/or Robin
Shelton
Default has occurred in the payment of the Note and in the performance of the obligations
of the Deed of Trust. Because of that default, Lender, the owner and holder of the Note, or its
Loan Servicer, has requested Substitute Trustee to sell the Property.
The Deed of Trust may encumber both real and personal property. Formal notice is hereby
given of Lender’s, or Loan Servicer’s election to proceed against and sell both the real property
and any personal property described in the Deed of Trust in accordance with Lender’s rights and
remedies under the Deed of Trust and section 9.604(a) of the Texas Business and Commerce Code.
Therefore, notice is given that on and at the Date, Time, and Place for the Foreclosure Sale
described above, Substitute Trustee will sell the Property in accordance with the Terms of Sale
described above, the Deed of Trust, and applicable Texas law.
If Lender or Loan Servicer passes the Foreclosure Sale, then notice of the date of any
rescheduled foreclosure sale will be reposted and refiled in accordance with the posting and filing
requirements of the Deed of Trust and the Texas Property Code.
The Foreclosure 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 Foreclosure 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. For the
avoidance of doubt, the Foreclosure Sale will not cover any part of the Property that has been
released of public record from the lien and/or security interest of the Deed of Trust by Lender, or
Loan Servicer. Prospective bidders are strongly urged to examine the applicable property records
to determine the nature and extent of such matters, if any.
Pursuant to section 51.009 of the Texas Property Code, the Property will be sold “AS IS,”
without any expressed or implied warranties, except as to the warranties (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(a) of the Texas Property Code, Substitute Trustee reserves the
right to set further reasonable conditions for conducting the Foreclosure Sale. Any such further
conditions shall be announced before bidding is opened for the first sale of the day held by
Substitute Trustee.
NOTICE OF FORECLOSURE SALE PAGE 2 OF 3
THIS INSTRUMENT APPOINTS THE SUBSTITUTE TRUSTEE(S) IDENTIFIED
HEREIN TO SELL THE PROPERTY DESCRIBED IN THE SECURITY INSTRUMENT
IDENTIFIED IN THIS NOTICE OF SALE. THE PERSON SIGNING THIS NOTICE IS
THE ATTORNEY, SUBSTITUTE TRUSTEE, OR OTHER AUTHORIZED AGENT OF
THE MORTGAGEE OR LOAN SERVICER.
SUBSTITUTE TRUSTEE:
By: aot”
Ted Gambordella, Substitute Trustee
5910 N Central Expy, Suite 920
Dallas, Texas 75206
Tel. (214) 473-5551
Fax. (214) 540-9333
Tgambordella@prattaycock.com
NOTICE OF FORECLOSURE SALE PAGE 3 OF 3