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Foreclosure Notice*
Doc-118010
Hidalgo County
Arturo Guajardo Jr.
County Clerk
Edinburg, Texas 78540
*VG-705-2026-1 18010"
Document No: 118010 Billable Pages: 5
Recorded On: July 13, 2026 02:56 PM Number of Pages: 6
NOTICE OF FORECLOSURE
*****Examined and Charged as Follows*****
Total Recording: $ 22.00
*#***THIS PAGE IS PART OF THE DOCUMENT*****
Any provision herein which restricts the Sale, Rental, or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information: Record and Return To:
Document No: 118010 South Texas Court Services
Receipt No: 20260713000285 14345 N. Los Ebanos Rd
Recorded On: July 13, 2026 02:56 PM original returned to customer
Deputy Clerk: Imelda Leal Mission TX 78573
Station: CC-ED-KF1005
lly STATE OF TEXAS
SW M4,
s Cerne, COUNTY OF HIDALGO
= i % % | hereby certify that this Instrument was FILED in the File Number sequence on the date/time
= * H } x = sprinted hereon, and was duly RECORDED in the Official Records of Hidalgo County, Texas.
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Hidalgo County, Texas
Doc-118010
NOTICE OF SUBSTITUTE TRUSTEE'S SALE
THE STATE OF TEXAS §
§
COUNTY OF HIDALGO §
WHEREAS, by Deed of Trust and Security Agreement dated March 25, 2024 recorded
under County Clerk's File No. 3536572 filed among the Official Real Property Records of Hidalgo
County, Texas (hereinafter the "Deed of Trust"), to which Deed of Trust and the record thereof
reference is here made for all purposes, (hereinafter, the "Grantor"), conveyed to Robert J. Adam,
Stephen W. Bing, Leigh Ann Thompson or Philip D. Conway to secure that one Balloon Real
Estate Lien Note dated March 25, 2024 in the original principal amount of One Million and No/100
($1,000,000.00) executed by The Owner Finance Company, a Texas Corporation (the “Note”) as
modified by that certain Loan Extension Agreement dated effective December 21, 2024 executed
by The Owner Finance Company; as further modified by that certain Loan Extension Agreement
dated effective March 21, 2025 executed by The Owner Finance Company; as further modified by
that certain Loan Extension Agreement dated effective June 21, 2025 executed by The Owner
Finance Company; as further modified by that certain Loan Extension Agreement dated effective
September 21, 2025 executed by The Owner Finance Company; certain real property being
described as follows:
4.99 ACRE (217,691.5137 SQ. FT.) TRACT OF LAND OUT OF LOT 507
AND LOT 508, JOHN H. SHARY SUBDIVISION, AS RECORDED IN
VOLUME 1, PAGE 42, MAP RECORDS, HIDALGO COUNTY, TEXAS,
CONVEYED TO RIGOBERTO YEPEZ AND MAYRA YEPEZ, AS
RECORDED IN DOCUMENT NUMBER 2011-2232090, OFFICIAL
RECORDS, HIDALGO COUNTY, TEXAS, AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS ON
EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
(the “Mortgaged Premises”).
together with all buildings and other improvements thereon and hereafter placed thereon, and all
fixtures, materials, equipment, apparatus, furniture, furnishings and other property, real and
personal, now or hereafter installed or used on the above-described property or the improvements
thereon, including, but not limited to, all heating, lighting, refrigeration, plumbing, ventilating,
incinerating, water-heating, cooking and air-conditioning equipment, fixtures and appurtenances,
window screens, window shades, venetian blinds, awnings, drapes, rugs, and other floor coverings
and shrubbery and other chattels and personal property used or furnished in connection with the
operation, use and enjoyment of the above-described property and the improvements thereon, and
all renewals, replacements and substitutions thereof and additions thereto, all of which said
property and fixtures shall be deemed to be a part of and affixed to the above-described real
property; all rents, revenues, income and profits arising from any part of the above-described
property and the use thereof, including all rents, revenues, bonus money, royalties, rights and
benefits accruing to Grantors under all present and future oil, gas and mineral leases on any part
of the above-described property; all rights, title and interest of Grantors in and to any utility
capacities and wastewater reservations relating to any part of the above-described property; all
rights, title and interest of Grantors in and to any and all Wastewater Capacity Reservations of any
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Franklin & Frank/lin/The Owner Finance Company
NOTICE OF SALE August 4, 2026
Doc-118010
kind or character, if any, covering the Land or Improvements, issued or which may be issued by
any governmental agencies having jurisdictions thereof; and all other rights relating to sewage
treatment capacity, water capacity and utilities servicing the Land or Improvements (said rights
described in this subparagraph being collectively sometimes called “Utilities Rights”) and all
rights, title and interest of Grantors in and to any permits, licenses, franchises, certificates, and
other rights and privileges obtained in connection with said real property; and all the estate, right,
title and interest of every nature whatsoever of the Grantors in and to all of the foregoing and every
part and parcel thereof.
WHEREAS, default has occurred under the terms of the Note and in that the indebtedness
evidenced thereby is now wholly due, and the Debtors have failed, and continue to fail, to pay the
Note, Franklin & Franklin Investments LLC, as the owner and holder of the Note, and Beneficiary
of the Deed of Trust, requested the undersigned, or other designated substitute trustees, to sell the
Property to satisfy the indebtedness; and
NOW, THEREFORE, NOTICE IS HEREBY GIVEN that after posting and filing this
Notice at the place or places, and in the time required by law and by the Deed of Trust, I, or other
designated substitute trustees, will sell, for cash or cash equivalent, under the canopy located on
the West side of the Hidalgo County Administrative Building located at 2802 South Business
Highway 281, Edinburgh, Texas 78539 or at the place that may be designated by the County
Commissioners Court or as designated by the County Commissioners of Hidalgo County prior to
the date of sale as the place for conducting such sale, to the highest bidder on Tuesday, the 4" day
of August, 2026 which sale shall begin at 10:00 a.m. or not later than three hours thereafter.
The sale noticed herein shall include the interest of Debtor in all fixtures and personal
property covered by the Deed of Trust and any other documents executed in connection with or as
security for the Indebtedness, Franklin & Franklin Investments LLC, having directed the
undersigned to sell, and the undersigned hereby noticing the sale of, said fixtures and property
pursuant to rights granted to Franklin & Franklin Investments LLC, under all relevant sections of
the Texas Business & Commerce Code, including, but not limited to §9.604 of the Texas Business
& Commerce Code.
THE SALE OF THE PROPERTY IS “AS IS” AND “WHERE IS” AND WITHOUT
REPRESENTATION OR WARRANTY OF ANY KIND BY SUBSTITUTE TRUSTEE,
EXPRESS, IMPLIED, STATUTORY, QUASI-STATUTORY OR OTHERWISE, ANY
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
BEING EXPRESSLY DISCLAIMED. NEITHER FRANKLIN & FRANKLIN
INVESTMENTS ~~ LLC NOR SUBSTITUTE TRUSTEE MAKES = ANY
REPRESENTATIONS OR WARRANTIES WITH RESPECT TO COMPLIANCE WITH
LAWS, RULES, AGREEMENTS, OR SPECIFICATIONS OR WITH RESPECT TO
CONDITION, QUALITY, CAPACITY, DESIGN, OPERATION, ABSENCE OF ANY
LATENT DEFECTS OR ANY OTHER WARRANTY OR REPRESENTATION
WHATSOEVER WITH RESPECT TO THE PROPERTY CONDITION, ALL OF WHICH
SHALL BE EXPRESSLY WAIVED BY PURCHASER.
ASSERT AND PROTECT YOUR RIGHTS AS A MEMBER OF THE ARMED
FORCES OF THE UNITED STATES. IF YOU ARE OR YOUR SPOUSE IS CURRENTLY
—~2-
Franklin & Franklin/The Owner Finance Company
NOTICE OF SALE August 4, 2026
Doc-118010
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 A WRITTEN NOTICE OF
THE ACTIVE DUTY MILITARY SERVICE TO THE SENDER OF THIS NOTICE
IMMEDIATELY.
The contact information for the Substitute Trustee is:
Gary F. Cerasuolo
c/o Mynde S. Eisen
Law Office of Mynde S. Eisen, P.C.
6546 Greatwood Parkway, Suite C
Sugar Land, Texas 77479
(281) 545-8600
email: mynde@eisenlawoffice.com
EXECUTED in multiple originals this 10" day of July, 2026.
ont
Gary F. Cerasuolo, Substitute Trustee
Franklin & Franklin/The Owner Finance Company
NOTICE OF SALF August 4, 2026
Doc-118010
Doc-3536572
GF# FTH-07-FAH23012638X
EXHIBIT A
4.99 (217,691.5137 SQ. FT.) ACRE TRACT OF LAND OUT OF LOT 507 AND LOT 508, JOHN H. SHARY
SUBDIVISION, AS RECORDED IN VOLUME 1, PAGE 42, MAP RECORDS, HIDALGO COUNTY, TEXAS,
CONVEYED TO RIGOBERTO YEPEZ AND MAYRA YEPEZ, AS RECORDED IN DOCUMENT NUMBER
2011-2232090, OFFICIAL RECORDS, HIDALGO COUNTY, TEXAS.
BEING A 4.99 (217,691.5137 SQ. FT.) ACRE TRACT OF LAND OUT OF LOT 507 AND LOT 508, JOHN H.
SHARY SUBDIVISION, AS RECORDED IN VOLUME 1, PAGE 42, MAP RECORDS, HIDALGO COUNTY,
TEXAS, CONVEYED TO RIGOBERTO YEPEZ AND MAYRA YEPEZ, AS RECORDED IN DOCUMENT NUMBER
2011-2232090, OFFICIAL RECORDS, HIDALGO COUNTY, TEXAS, AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS, AS FOLLOWS:
COMMENCING; AT A FOUND 1/2 INCH IRON ROD WITH NO CAP, AT THE NORTHWEST CORNER OF A
TRACT OF LAND CONVEYED TO WILLIAM R. MARTIN, AS RECORDED IN DOCUMENT NUMBER
2016-2694931, OFFICIAL RECORDS, HIDALGO COUNTY, TEXAS, ALSO BEING ON THE SOUTH RIGHT OF
WAY LINE OF STATE HIGHWAY 107 (HAVING A 172.00' R.O.W.), TO POINT OF BEGINNING AND THE
NORTHEAST CORNER OF THIS HEREIN DESCRIBED TRACT OF LAND, HAVING A GRID COORDINATE OF
N= 16639774.0582', E= 1064213.4430';
THENCE; SOUTH 08°30'54" WEST; ALONG THE WEST LINE OF SAID TRACT OF LAND CONVEYED TO
WILLIAM R. MARTIN, A DISTANCE OF 220.12 FEET, TO A SET 1/2 INCH IRON ROD WITH A PLASTIC CAP
STAMPED "BOUNDARY CORNER SAMES", FOR AN EXTERIOR CORNER OF THIS HEREIN DESCRIBED
TRACT OF LAND;
THENCE; NORTH 81°29'06" WEST; ALONG THE NORTH LINE OF SAID TRACT OF LAND CONVEYED TO
WILLIAM R. MARTIN, AT A DISTANCE OF 3.70 FEET, PASSING A SET 1/2 INCH IRON ROD WITH A PLASTIC
CAP STAMPED "REFERENCE ROD SAMES", AT THE WEST LINE OF LOT 508, OF SAID JOHN H. SHARY
SUBDIVISION, AND ALSO BEING ON THE EAST LINE OF A 40.00' ABANDONED UNITED IRRIGATION
DISTRICT CANAL R.O.W., AS RECORDED IN DOCUMENT NUMBER 2011-2232090, OFFICIAL RECORDS,
HIDALGO COUNTY, TEXAS, AT A DISTANCE OF 43.70 FEET, PASSING A SET 1/2 INCH IRON ROD WITH A
PLASTIC CAP STAMPED "REFERENCE ROD SAMES", BEING ON THE EAST LINE OF LOT 507, OF SAID
JOHN H. SHARY SUBDIVISION, AND ALSO BEING ON THE WEST LINE OF SAID 40.00' ABANDONED
UNITED IRRIGATION DISTRICT CANAL R.O.W., CONTINUING TO A TOTAL DISTANCE OF 56.76 FEET, TOA
SET 1/2 INCH IRON ROD WITH A PLASTIC CAP STAMPED "BOUNDARY CORNER SAMES", AT AN
INTERIOR CORNER OF SAID TRACT OF LAND CONVEYED TO WILLIAM R. MARTIN, FOR AN INTERIOR
CORNER OF THIS HEREIN DESCRIBED TRACT OF LAND;
THENCE; SOUTH 08°30'54" WEST, ALONG THE WEST LINE OF SAID TRACT OF LAND CONVEYED TO
WILLIAM R. MARTIN, AT A DISTANCE OF 755.36 FEET, PASSING A SET 1/2 INCH IRON ROD WITH A
PLASTIC CAP STAMPED "REFERENCE ROD SAMES", BEING ON THE NORTH RIGHT OF WAY LINE OF A
60.00' ABANDONED UNITED IRRIGATION DISTRICT CANAL R.O.W., AS RECORDED IN DOCUMENT
NUMBER 2011-2232090, OFFICIAL RECORDS, HIDALGO COUNTY, TEXAS, CONTINUING TO A TOTAL
DISTANCE OF 815.36 FEET, TO A POINT, AT THE COMMON LINE OF LOT 497, OF SAID JOHN H. SHARY
AND A TRACT OF LAND CONVEYED TO ROSARIO BOCANEGRA AND ROLANDA BOCANEGRA, AS
RECORDED IN DOCUMENT NUMBER 2023-3449999, ALSO BEING ON THE SOUTH RIGHT OF WAY LINE
OF SAID 60.00' ABANDONED UNITED {RRIGATION DISTRICT CANAL R.O.W., FOR THE SOUTHEAST
CORNER OF THIS HEREIN DESCRIBED TRACT OF LAND;
THENCE; NORTH 81°29'06" WEST, ALONG THE COMMON LINE OF LOT 497, OF SAID JOHN H. SHARY AND
SAID TRACT OF LAND CONVEYED TO ROSARIO BOCANEGRA AND ROLANDA BOCANEGRA, ALSO BEING
ON THE SOUTH RIGHT OF WAY LINE OF SAID 60.00‘ ABANDONED UNITED IRRIGATION DISTRICT CANAL
R.O.W., AT ADISTANCE OF 146.98 FEET, PASSING A FOUND 1/2 INCH IRON ROD WITH NO CAP, AT THE
COMMON CORNER OF SAID TRACT OF LAND CONVEYED TO ROSARIO BOCANEGRA AND ROLANDA
BOCANEGRA AND A TRACT OF LAND CONVEYED TO BALDEMAR S. GARCIA AND MARIA N. GARCIA, AS
EXHIBIT A- LEGAL DESCRIPTION ©
TXFNFESG_ExhibitA-LegalDescription (11-07)
Doc-118010
Doc-35365/72
GFW. FTH-07-FAH23012638X
EXHIBIT A
(Continued)
RECORDED IN DOCUMENT NUMBER 2020-3106503, OFFICIAL RECORDS, HIDALGO COUNTY, TEXAS,
CONTINUING TO A TOTAL DISTANCE OF 198.00 FEET, TO A POINT, AT THE SOUTHEAST CORNER OF A
TRACT OF LAND CONVEYED TO VILMA GARZA GOMEZ, AS RECORDED IN DOCUMENT NUMBER
2017-284761, OFFICIAL RECORDS, HIDALGO COUNTY, TEXAS, FOR THE SOUTHWEST CORNER OF THIS
HEREIN DESCRIBED TRACT OF LAND;
THENCE; NORTH 08°30'54" EAST, ALONG THE EAST LINE OF SAID TRACT OF LAND CONVEYED TO
VILMA GARZA GOMEZ, AT A DISTANCE OF 60.00 FEET, PASSING A SET 1/2 INCH IRON ROD WITHA
PLASTIC CAP STAMPED "REFERENCE ROD SAMES", BEING ON THE NORTH RIGHT OF WAY LINE OF
SAID 60.00' ABANDONED UNITED IRRIGATION DISTRICT CANAL R.O.W., CONTINUING TO A TOTAL
DISTANCE OF 1,036.91 FEET, TO A FOUND 1/2 INCH IRON ROD WITH NO CAP, AT THE NORTHEAST
CORNER OF SAID TRACT OF LAND CONVEYED TO VILMA GARZA GOMEZ, ALSO BEING AT THE SOUTH
RIGHT OF WAY LINE OF SAID STATE HIGHWAY 107, FOR THE NORTHWEST CORNER OF THIS HEREIN
DESCRIBED TRACT OF LAND;
THENCE; SOUTH 81°09'46" EAST, ALONG THE SOUTH RIGHT OF WAY LINE OF SAID STATE HIGHWAY
107, AT A DISTANCE OF 211.02 FEET, PASSING A SET 1/2 INCH IRON ROD WITH A PLASTIC CAP
STAMPED "REFERENCE ROD SAMES", AT THE EAST LINE OF LOT 507, OF SAID JOHN H. SHARY
SUBDIVISION, AND BEING ON THE WEST RIGHT OF WAY LINE OF SAID 40.00' ABANDONED UNITED
IRRIGATION DISTRICT CANAL R.O.W., AT A DISTANCE OF 251.02 FEET, PASSING A SET 1/2 INCH IRON
ROD WITH A PLASTIC CAP STAMPED "REFERENCE ROD SAMES", AT THE EAST LINE OF LOT 508, OF
SAID JOHN H. SHARY SUBDIVISION, AND BEING ON THE EAST LINE OF SAID 40.00‘ ABANDONED UNITED
IRRIGATION DISTRICT CANAL R.O.W., CONTINUING TO A TOTAL DISTANCE OF 254.72 FEET, TO THE
POINT OF BEGINNING, CONTAINING A 4.99 (217,691.5137 SQ. FT.) ACRE TRACT OF LAND, MORE OR
LESS.
NOTE: This Company does not represent that the above acreage or square footage calculations are correct.
EXHIBIT A - LEGAL DESCRIPTION oe
TXFNFESC_ExhibditA-LegaiDescription (11-07)