Foreclosure Notice*
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C&M No. 44-26-00659/ FILE NOS O 5 ( O 64
NOTICE OF TRUSTEE'S SALE AND APPOINTMENT OF SUBSTITUTE
TRUSTEE
or ¥ our. spouse is serving 0 2 ‘active military duty, including active military , duty as a
member T National Guard or National Gu f another state or as a member
of a reserve component of the armed forces of the United States, please send written notice of
th ili e sender of this notic
Pac Ll servi a S e UIE
Moody, P.C., 20405 State Highway 249, Suite 170, Houston, TX 77070
INSTRUMENT BEING FORECLOSED AND MORTGAGE SERVICER INFORMATION
Deed of Trust dated May 25, 2021 and recorded under Clerk's File No. 98592, in the real property records of
DENTON County Texas, with Dustin Herth and Calley Mcgehee Herth, husband and wife as Grantor(s) and
Mortgage Electronic Registration Systems, Inc., as beneficiary, as nominee for Ark-La-Tex Financial Services, LLC
dba Benchmark Mortgage, its successors and assigns as Original Mortgagee.
Deed of Trust executed by Dustin Herth and Calley Mcgehee Herth, husband and wife securing payment of the
indebtedness in the original principal amount of $458,550.00 and obligation therein described including but not
limited to the promissory note and all modifications, renewal and extensions of the promissory note (the “Note”)
executed by Dustin Herth and Calley Mogehee Herth. The Secretary of Veterans Affairs, an officer of the United
States is the current mortgagee (the “Mortgagee”) of the Note and Deed of Trust or Contract Lien.
The Mortgage Servicer is authorized to represent the Mortgagee by virtue of a servicing agreement with the
Mortgagee. Pursuant to the Servicing Agreement and Texas Property Code 51.0025, the Mortgage Servicer is
authorized to collect the debt and to administer any resulting foreclosure of the property securing the above
referenced loan. PHH Mortgage Corporation is acting as the Mortgage Servicer for the Mortgagee. PHH Mortgage
Corporation, is representing the Mortgagee, whose address is: 1 Mortgage Way, Mount Laurel, NJ 08054.
Legal Description: fe
LOT 6, BLOCK A, SADDLEBROOK VILLAGE PHASE Il, AN ADDITION TO THE CITY OF-FRI 0.
DENTON COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN COUNTY CLERK'S:AILE_
NO. 2013-88, MAP AND/OR PLAT RECORDS, DENTON COUNTY, TEXAS. oe
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SALE INFORMATION wD: : » a
Date of Sale: 05/05/2026 Earliest Time Sale Will Begin: 1:00 PM = = = .
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Location of Sale: The place of the sale shall be; DENTON County Courthouse, Texas at the following,
location: The courtyard area of the southwest corner of the Denton County Courts Bldg, or if the preceding‘aea is”
no longer the designated area, at the area most recently designated by the County Commissioner's Coiirt 7
TERMS OF SALE
A default has occurred in the payment of said herein referenced indebtedness, and the same is now wholly due, and
the Mortgagee and/or Mortgage Servicer has requested the hereinafter appointed Substitute Trustee to sell said
property to the highest bidder for cash and to distribute or apply the proceeds of said sale in accordance with the
terms of said Deed of Trust.
The Sale will be conducted as a public auction to the highest bidder for cash, except that Mortgagee’s bid may be by
credit against the indebtedness secured by the lien of the Deed of Trust. Pursuant to the Deed of Trust, the
mortgagee 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.
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DENTON 4869876
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The sale will begin at the earliest time stated above, or within three (3) hours after that time. 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 the Mortgagor, the Mortgagee or the Mortgagee's attorney.
STRICT COMPLIANCE WITH FINCEN RULES AND REGULATIONS IS REQUIRED FOR PURCHASE
OF THE PROPERTY AT THIS SALE. A FORECLOSURE DEED WILL NOT ISSUE WITHOUT
SUCCESSFUL BIDDER PROVIDING ALL INFORMATION NECESSARY FOR STRICT COMPLIANCE
WITH FINCEN.
THIS INSTRUMENT APPOINTS THE SUBSTITUTE TRUSTEE(S) IDENTIFIED TO SELL THE
PROPERTY DESCRIBED IN THE SECURITY INSTRUMENT IDENTIFIED IN THIS NOTICE OF
SALE. THE PERSON SIGNING THIS NOTICE IS THE ATTORNEY OR AUTHORIZED AGENT OF
THE MORTGAGEE OR MORTGAGE SERVICER.
WHEREAS, in my capacity as attorney for the Mortgagee and/or Its Mortgage Servicer, and pursuant to Section
51,0076 of the Texas Property Code, I HEREBY APPOINT AND DESIGNATE Carol Dunmon, Francesca
Ortolani, Mary Mancuso, Shelley Ortolani, Michele Hreha, David Stockman, Guy Wiggs, Brenda Wiggs,
Donna Stockman, Janet Pinder, Brandy Bacon, Michelle Schwartz, Jamie Dworsky, Angela Brown, Payton
Hreha, Jeff Benton, Leslie Shuler, Agency Sales and Posting, LLC, or Codilis & Moody, P.C., as Substitute
Trustee.
The address for the Substitute Trustee for purposes of Section 51.0075(e) of the Texas Property Code is:
Codilis & Moody, P.C.
20405 State Highway 249, Suite 170
Houston, TX 77070
(281) 925-5200
Executed on March 24, 2026.
i Attorney at Law
Codilis & Moody, P.C.
20405 State Highway 249, Suite 170
Houston, TX 77070
(281) 925-5200
Posted and filed by:
Printed Name:
C&M No. 44-26-00659