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Foreclosure Notice*
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NOTICE OF FORECLOSURE SALE ** “¥g. 0? » Of
Notice is hereby given of a public nonjudicial foreclosure sale. ay 1"e,, o>
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1. Deed of Trust. The sale is a nonjudicial deed of trust lien foreclosure sale veir gt
conducted pursuant to the power of sale granted by the following described deed of trust:
Date: August 31, 2023
Grantor(s): Rizwoods Properties LLC
Beneficiary: Austin Bank, Texas N.A,
Substitute Trustee: Drew Gillen
Recording Information: Deed of Trust recorded in Document No. 95033, ofthe
Official Public Records of Denton County, Texas.
2. Property to be Sold. The property to be sold (the "Property" is described as follows:
All those certain lots, tracts or parcels of land situated in Denton County, Texas,
which is more particularly described on what is attached hereto as Exhibit "A" and
incorporated herein for all pertinent purposes.
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 shall begin no earlier than 10:00 a.m. or no later than three
(3) hours thereafter. The sale shall be completed by no later than 1:00
p.m.
Place: Denton County Courthouse in Denton, Texas, at the following
location:
Southwest corner of the Denton County Courts Building, which is
located at: 1450 E McKinney Street, Denton, TX 76209
The deed of trust permits the beneficiary to postpone, withdraw, or reschedule the sale for
another day. In that case, the trustee or 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 foreclosure sale will be reposted and refiled in
accordance with the posting and filing requirements of the Texas Property Code. Such reporting or
refiling 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 thereunder to have
the bid oredited 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 cash on
the date the property is sold.
The sale will be made expressly subject to unpaid ad valorem taxes and 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 other 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. Prospective bidders
are strongly urged to examine the applicable property records to determine the nature and extent of
such matters, if any.
A purchaser at the sale of the Property “acquires the Property “AS IS” without any expressed
or implied warranties” (except as to the warranties of title from the grantor identified in the deed of
trust described below). Any purchaser acquires the Property “at the purchaser’s own risk.” Texas
Property Code §51.009. Nothing set forth in this Notice is an express or implied representation or
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NOTICE OF FORECLOSURE PAGE 2
warranty regarding the Property, all of which are specifically disclaimed by the undersigned and by
the beneficiary of the herein described deed of trust.
5. Type of Sale. The sale is a nonjudicial deed of trust lien foreclosure sale being
conducted pursuant to the power of sale granted by the deed of trust executed by Rizwoods
Properties LLC. The deed of trust is dated August 31, 2023, and is recorded in the office of the
County Clerk of Denton County, Texas, in Document No. 95033, of the Official Public Records
of Denton County, Texas. ,
6. Obligations Secured. The deed of trust provides that it secures the payment of the
indebtedness and obligations therein described (collectively the "Obligations") including, but not
limited to, (1) the August 31, 2023 promissory note in the original principal amount of
$1,120,000.00, executed by Rizwoods Properties LLC, and payable to the order of Austin Bank,
Texas N.A,;
(2) all renewals and extensions of the note; (3) all interest, late charges, fees and other
expenses payable under said note on the herein described deed of trust; and (4) all other debts and
obligations described in the deed of trust (including all debts secured by any cross-collateralization
clause in the deed of trust). Austin Bank, Texas N.A. is the current owner and holder of the
Obligations and is the beneficiary under the deed of trust.
Questions concerning the sale may be directed to the undersigned or to the beneficiary,
Austin Bank, Texas N.A., Attention: Shannon Seay, telephone 903-759-3828.
7. Default and Request to Act. Default has occurred under the deed of trust, and the
beneficiary has asked 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.
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NOTICE OF FORECLOSURE PAGE 3
DATED: July 8, 2026
Drew Gillen, Substitute Trustee
2381 Oak Alley
Tyler, Texas 75703
Tel: (903) 535-2900
Fax: (903) 533-8646.
drew@gillenandgillen.com
Notice to Members of the Armed Forces of the United States:
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.as'a 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.
NOTICE OF FORECLOSURE PAGE 4
EXHIBIT “A”
BEING all of Lots 2, 3,4 & 5 of Eagles Bluff, an Addition to the City of Lakewood Village,
Denton County, Texas, according to the Plat thereof recorded In Cabinet T, Slide 386 , Plat
Records, Denton County, Texas (P.R.D.C.T.), belng a portion of a tract of land deseribed In
deed to IMV Group, LLC,, recorded under Instrument No. 169478, Deed Records, Denton
County, Texas (D.R.D.C.T,), and being more particularly described by the following metes
and bounds deseription:
BEGINNING at a 1/2 inch iron rod found for corner at the Northeast corner of Lot 44,
Rocky Shores, a subdivision Jn the City of Little Elm, Denton County , Texas, according to
the Plat thereof recorded jn Volume 2, Page 172 (P.R.D.C.T.) , at the Southeast comer of a
(ract of land described in deed to Donny Bold » recorded under Instrumont No, 2007-23396
(D.R.D.C.T.), at the Southwest corner of Lot 3 of sald Eagles Bluff Addition; !
THENCE North for corner 01 deg. 13 min. 20 see. East, n distance of 4.99 feet to a3" brass
monument found for corner; .
THENCE North corner 14 deg, 40 min. 55 see. West, a distance of 335,31 feet toa 60D nall
found for corner;
THENCE North 14 deg. 40 min, 57 sec. West, a distance of 67.15 feet to a point for corner
at the Southwest corner of Lot 1 of sald Eagles Bluff Addition, from which 2 1/2 inch fron
rod found for reference bears South 49 deg. 31 min, 08 sec. West, a distance of 0,74 feats
THENCE South 86 deg. 58 min. 01 see. East, a distance of 260.67 fect to a 1/2 inch fron rod
found for corner;
THENCE South 85 deg, 37 min, SI see. East , a distance of 74.55 feet to a 1/2 inch Iron rod
found for corner, being the beginulng of a curve to the right having a central angle of 53
deg. 10 min. 36 sec., a radius of 299.81 feet, and a chord bearing and distance of South 59
deg, 00 min, 38 sec, East, 268,38 feet;
THENCE Southeasterly along sald curve to the right an are distance of 278.26 feet to a 1/2
inch fron rod found for corners .
THENCE South 32 deg. 22 min. 10 see. East, a distance of 120.48 fect to a 5/8 Inch iron rod
found for corner in Boys Camp Road, In the West lint of Lot 2 of Rustic Oaks Estates, an
Addition to the City of Lakewood Village, Denton County, Texas, according to the Plat
thereof recorded in Cabinet P, Slide 387 (P.R.D.C.T.);
THENCE South 00 deg. 45 min. 27 sec, East, a distance of 13.81 feet to a polnt for corner;
THENCE South 00 deg. 34 min, 07 sec, East, a distance of 127.19 feet to a polnt for corner
with the West Une of safd Lot 2, at the Northeast corner of Rocky Shores Subdlvision ;
THENCE North 89 deg. 16 min. 39 sec. West, a distance of 199.36 feet to a point for
corner;
THENCE North 89 deg ~ ‘ min. $0 sec, West sAdistance of 18° feet to a point for
corner;
THENCE North 89 deg. 19 min. 50 sec. West 14 distance of 31.03 feet to a point for corner;
THENCE North 89 deg. 19 min. 56 sec. West , a distance of 116.59 feet to the PLACE OF
BEGINNING and containing 198,283 square feet or 4.55 acres of land.
NOTICE OF FORECLOSURE
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