START OF PAGE: 289 I'-.> ~ !~ ~ -·•c1' " G"1 NOTICE OF SUBSTITUTE TRUSTEE'S SALE ~tu~\ 0 :::c-~~\ ..... , DEFAULT having been made in the payment ofthe note described in thaf~fu-Deeiliof Trust executed by MICHAEL CRUZ dated September 4, 2019, and duly filec:iJfoF recor@n September 13, 2019 in the Office of the County Clerk of Fort Bend County, Teias under F-ort Bend Couno/ Clerk's File No. 2019104974 of the Official Real Property Records of Fort B~d County, Texas, conveying to JAMES MURNANE, Trustee, .the following de&eribed real property and improvements thereon in Fort Bend County, Texas, to~wit: FIELD NOTES OF A 12.000 ACRE TRACT OF LAND OUT AN CALLED 18.025 ACRE TRACT OF LAND AND A CALLED 21.589 ACRE TRACT OF LAND, SITUATED IN THE H. & T. C. R.R. COMPANY SURVEY No. 681/2, ABSTRACT No. 491, CERTIFICATE NUMBER OF THE G.A. WETZ SURVEY, ABSTRACT No. 491, FORT BEND COUNTY, TEXAS, .SAID 18.025 ACRE TRACT OF LAND BEING .DESCRIBED IN A DISTRIBUTION SPECIALW ARRANTY DEED, RECORDED IN COUNTY CLERK'S FILE NUMBER 2003023337, AND THE CALLED 21.589 ACRE TRACT OF LAND BEING DESCRIBED IN A DISTRIBUTION SPECIAL WARRANTY DEED, RECORDED IN COUNTY CLERK'S FILE NUMBER 2003023336, SAME BEING THE TRACT OF LAND DESCRIBED IN THE CRUZ FAMILY FORT BEND COUNTY, TEXAS GENERALW ARRANTYDEED, RECORDED IN COUNTY CLERK'S FILE NUMBER 2016046356 OF THE OFFICIAL DEED RECORDS OF FORT BEND COUNTY, TEXAS, MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING; at a 1/2" iron rod, capped #4652 found in the Northwest line of the 8.212 acre tract of land recorded in County Clerk's Number 2016046355, same being S. 44°48'42"W., a distance of 80.93feetftom. the.most northerly corner of said 8.212 acre tract, and being the southerly comer of a said 12.000 acre tract of land of the Cruz Family Fort Bend Coll;llty Texas Partition Survey, for the South corner hereof and the POINT OF BEGINNING; THENCE, N. 45°00'00"W., in the common Northeast line of the said 12.000 acre tract and the Southwestline hereof, a distance of 476.24 feet to a 1/2u iron rod, capped #4652 found for the West corner hereof, same being North corner of the said 12.000 acre tract of land and .the Southeast line of a called 1.0 acre tract•ofland, recorded in County Clerk'lil Number 8517S08 and th" Northwest line of the called 21.589 acre tract ofland; THENCE, N. 45°22'35" E., in the common lines as follows; Northwest line of the called 21.589 acre tract and the Southeast of the said called 1.0 acre tract; Page 1 I I~ Ill WII mu 1~111111101~11111 4883263 \ ?-\ iii} START OF PAGE: 290 at 67.7± feet passing a point for the Northeast corner of the called 1.0 acre tract, same being the Southeast corner of a called 1.00 acre tract of land, recorded in County Clerk's Number 2007074734, at 288.9± feet passing a point for the Northeast of the called l .O acre tract, same being the Southeast corner of a called 2.0 acre tract of land, recorded in County Clerk's Number 2006134949, at 731.2± feet passing the Northeast corner of the called 2.0 acre tract, same being the Southeast corner of a called 0.944 acre tract of land, recorded in County Clerk's Number 2015115812, at 962.9± feet passing a point for the Northeast corner of the called 0.944 acre tract, same being the Southeast corner of a called 1.3616 acre tract of land, recorded in County Clerk's Number 2008076972, at 1235.80 feet to a 1/2" iron rod, capped #4652 found on the Southwest side of an existing ditch for reference, continuing for a total distance of 1299.79 feet to a point in the Southeast line of the called 0.971 acre tract of land, recorded in County Clerk's Number PB No. 13-CPR- 026189, for the North corner hereof and the North comer of the caJled 21.589 acre tract of land; THENCE, S. 45°00'00" E., in Northeast line of the called 21.589 acre tract of land, a distance of 398.41 feet to a point for the North corner of a 4.000 acre tract of land, recorded in County Clerk's Number 9362905 and the North corner of the called 22.025 acre tract of land described in Volume 513, Page 662, deed records of Fort Bend County, Texas, same being the East corner of the called 21.589 acre tract of land, for the East corner hereof; THENCE, S. 45°28'59"W., in the common lines as follows; Northwest of the said 4.000 acre tract and the Southeast line of the called 21.589 acre tract, at 50.31 feet a 1 /2" iron rod, capped #4652 found for reference on the Southwest side of an existing ditch, at 443.22 feet passing a found 1 /2 inch iron pipe for the West corner of said 4.00 acre tract and the North corner of the 7.00 acre tract ofland recorded in County Clerk's Number 201605541, continuing for a total distance of 1218.88 feet to a 1/2" iron rod, capped #4652 found for the Southwest interior corner hereof, same being the West corner of the said 7.000 acre tract of land; THENCE, S. 45°00'00" E., in the Southwest line of the said 7.000 acre tract of land, a distance of 79.31 feet to a 1/2" iron rod, capped #4652 found, for the most easterly corner hereof, same being the North corner of said 8.212 acre tract of land; THENCE, S. 44°48'42"W., in the Northwest line of the said 8.212 acre tract of land, a distance of 80.93 feet to THE PLACE OF BEGINNINGAND CONTAINING 12.000 ACRES OF LAND; and WHEREAS, PINNACLE REALTY ADVISORS, INC. d/b/a PINNACLE MORTGAGE, a Texas corporation, is the legal owner and holder of the indebtedness desczibed in and secured by the Deed of Trust; and Page2 START OF PAGE: 291 WHEREAS, PINNACLE REALTY ADVISORS, INC. d/b/a PINNACLE MORTGAGE, a Texas corporation, the legal owner and holder of said Deed of Trust, in accordance with its tenns, in writing removed the said James Murnane, as Trustee and appointed Jeff Leva or Sandy Dasigenis or Megan L. Randle or Ebbie Murphy or Wayne Daughtrey or Steve Leva or James Murnane, as Substitute Trustee, each of whom may act without the joinder of any other party; and WHEREAS, the said Deed of Trust vests power in the Trustee named above to execute the provisions of said trustee and whereas, the legal owner and holder of said Note and Deed of Trust having declared the whole debt due as secured thereby, and having requested that the undersigned as Substitute Trustee proceed to exercise the power of sale so conferred upon said Trustee, I will, in accordance with the request of the said legal owner and holder, on SEPTEMBER t, 2026 to commence at the hour of I :00 o'clock p.m., or within three (3) hours thereafter, on said day, sell the above~described property to the highest bidder for cash at the following location: At the Fort Bend County Gus George Academy -Patton Hall, 1521 Eugene Heimann Circle, Richmond, Texas 77469, or if the preceding area is no longer the designated area, as the area most recently designated by the County Commissioners Court, being the location designated pursuant to Article 51.002 of the Texas Property Code for the purpose of satisfying said debt and costs of executing said sale. Notice is given that on the date of the sale, the Substitute Trustee will offer the property for sale at public auction at the location designated herein, to the highest bidder for cash, subject to the provisions of the Deed of Trust permitting the Beneficiary to have the bid credited to the amount of the indebtedness secured by the Deed of trust at the time of sale. The Deed of Trust permits the Beneficiary to postpone, withdraw, or re-schedule the sale for another day. In that case, the Substitute Trustee under the Deed of Trust need not appear at the date, time and place of the scheduled sale to announce the postponement, withdrawal or re­ scheduling of said sale. Notice of the date of any re-scheduled sale will be reposted and refiled in accordance with the posting and filing requirements of the Texas Property Code. The reposting and/or refiling may be after the date originally scheduled for this sale. The 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 sale will necessarily be made subject to all prior matters of record affecting the property described herein, if any, to the extent that they are of record and remain in force and effect and have not been subordinated to the Deed of Trust. The sale will not cover any part of the Property that has been released of public record from the lien of 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. Page 3 START OF PAGE: 292 Pursuant to terms of the Deed of Trust, the Beneficiary has the right to direct the Trustee or any Substitute Trustee to sell the property in one or more parcels and/or to sell all or only part of the property described herein. 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. WITHOUT LIMITATION OF THE FOREGOING, THERE WILL BE NO WARRANTY RELATING TO POSSEESION, QUIET ENJOYMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR THE LIKE FOR THE PERSONAL PROPERTY, IF ANY, INCLUDED IN THIS SALE. PROSPECTIVE BUDDERS ARE ADIVED TO CONDUCT AN INDEPENDENT INVESTIGATION OF THE NATURE AND PHYSICAL CONDITION OF THE PROPERTY. The name and address of the sender of this Notice are: Pinnacle Realty Advisors, Inc. 2825 Wilcrest, Suite 570 Houston, Texas 77042 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 miJitary 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. Robert A. Schlanger Attorney for Substitute Trustees 5325 Katy Freeway, Suite Two Houston, Texas 77007 (713) 626-2333 M~ ... :v JEt;F Lt:VA·o; ,11--------- Page4 SANDY DASIGENIS or MEGAN L. RANDLE or EBBIE MURPHY or WAYNE DAUGHTREY or STEVE LEV A or JAMES MURNANE Substitute Trustee(s) Address for Substitute Trustees 5325 Katy Freeway, Suite Two Houston, Texas 77007