START OF PAGE: 189 i • r-...:i C" (_ -=---s u \ c:--: ~ 26-386991 Notice of Substitute Trustee's Sale N Ul 'l=-:::c -.e:. <?.~ c:,. Notice Concerning Military Duty: Assert and protect your rights as 11 member of the armed forces of the UniPeil 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 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. Tex. Prop. Code§ 51.002(i) Deed of Trust Date: April 23, 2012 Original Mortgagor/Grantor: BRIAN E. OVERSTREET AND DEMETRICK L OVERSTREET Original Beneficiary/ Mortgagee: MORTGAGE Current Beneficiary/ Mortgagee: U.S. BANK ELECTRONIC REGISTRATION SYSTEMS, INC., TRUST NATIONAL ASSOC'IATION, NOT IN ITS AS BENEFICIARY, AS NOMINEE FOR TAYLOR INDNIDUAL CAPAC..1TY BUT SOLELY AS MORRISON HOME FUNDING, ITS SUCCESSORS OWNER TRUSTEE FOR RCAF ACQUISITION AND ASSIGNS TRUST Recorded in: Property County: FORT BEND Volume:N/A Page:N/A Instrument No: 2012043228 Mortgage Servicer: Selene Finance LP Mortgage Servicer's Address: 3501 Olympus Blvd, Suite 500, Dallas, Texas 75019 .. • The mortgage sc:rv:tcer u outhonzed to represent the Mortgogee by \."Jrtue of o semcmg ogreement with the Mortgagee. Pursuant to lhe Sen-icingAgreanent and Texns Property Code§ 51.0025, the Mortgage Servicer is authorized to collect the debt and lo administer My resulting foreclosure: of tlie property securiog the abcm: n:fci:enc:ed Iona. Seeures:Note in the original principal amount of$400,000.00, executed by BRIAN E. OVERSTREET and payable to the order of Lender. Property Address/Malling Address: 4510 WILIJNGHAM CT, SUGAR LAND, TX 77479 Legal Description of Property to be Sold: LOT TWENTY-FIVE (25), IN BLOCK TWO (2), OF TELFAm SECTION TWENTY-SIX (26), AN ADDITION IN FORT BEND COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN/UNDER SLIDE NO. 20110037 OF THE MAP/PLAT RECORDS OF FORT BEND COUNTY, TEXAS. Date of Sale: Au Earliest time Sale ,vill b in: I :00 PM Place of sale of Property: The Fort Bend County Gus George Academy-Patton Hall, 1521 Eugene Heimann Circle, Richmond, TX 77469 OR AS DESIGNATED BY THE COUNTY COMMISSIONER'S OFFICE OR AS DESIGNATED BY THE COUNTY COMMISSIONER'S OFFICE OR IN THE AREA DESIGNATED BY THE COMMISSIONER'S COURT, PURSUANT TO SECTION 51.002 OF THE TEXAS PROPERTY CODE The Substitute Trustee will sell the property by public auction to the highest bidder for cash at the place and date specified. The sale will begin at the earliest time stated above or within tluee (3) hours after that time. Appointment of Substitute Trustee: Default has occurred in the payment of the Note and in the performance of the obligations of the Deed of Trust, the same is now wholly due. Because of that default, U.S. BANK 11WST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR RCAF ACQUISITION TRUST, the owner and holder of the Note, has requested Tejas Corporate Services, LLC whose address is 14800 Landmark Blvd., Suite 850, Dallas, TX 75254, to sell the property. The Trustee(s) has/have been appointed Substitute Trustee in the place of the original trustee, in the manner authorized by the deed of trust. m 11 m 111 ~HIIUIIEIIIIIIIIIIIIDIIIIII H UI 11 m 111 ~I llllll~Ellllllllllllmlmm11111 11111 m IIU ~ 111111111111111D ID El ,--==---g-f START OF PAGE: 190 Terms of Sale: The Foreclosure Sale will be conducted as a public auction and the Property will be sold to the highest bidder for cash, except that U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR RCAF ACQUJSmON TRUST bid may be by credit against the indebtedness secured by the lien of the Deed ofT n1St. 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, Tejas Corporate Services, LLC whose address is 14800 Landmark Blvd., Suite 850, Dallas, TX 75254, 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 Tejas Corporate Services, LLC whose address is 14800 Landmark Blvd., Suite 850, Dallas, TX 75254, Trustee. Limitation of Damages: If the sale is set aside for any reason, the purchaser at the sale shall be entitled only to a return of the funds paid. The purchaser shall have no further recourse against Mortgagor, the Mortgagee, or the Mortgagee's attorney. THIS INSTRUMENT APPOINTS THE SUBSTITUTE TRUSTEE(S) IDENTIFmD TO SELL THE PROPERTY DESCRIBED IN THE SECURITY INSTRUMENT IDENTIFIBD IN Tms NOTICE OF SALE. THE PERSON SIGNING TmS NOTICE IS THE ATTORNEY OR AUTHORIZED AGENT OF THE MORTGAGEE OR MORTGAGE SERVICER. ~SANDYDASIGENIS SUBS E TRUS EE Tejas Corporate Services, LLC, Trustee c/o Robertson, Anschutz, Schneid, Crane & Partners, PLLC, 13010 Morris Rd., Strite 450, Alpharetta, GA 30004; PH: (470)321-7112