notice of sale Decembre 2018

Dec 10 2018 07:48PM HP Fax page 2

ASSERT AND PROTECT YOUR RIGHTS AS A MEMBER OF THE ARMED FORCES OF THE

UNITED STATES. lr YOU OR YOUR SPOUSE IS SERVING IN ACTIVE MILJTARY DtJTY,

INCWDING ACTIVE MILITARY DUTY AS AMEMBER OF THE TEXAS NATIONAL GUARD, THE

NATIONAL GUARD Or ANOTHER STATE OR AS A MEMBER Or 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. \a /~O~TED:
~. !l:fNOTICE OF SALE BY SUBSTITUTE TRUSTEE
AT ZONIA j) ::M.

STATE OF TEXAS § COUNTY A~D ALES
JIM H DISTRICT CLERK

§ KNOW ALL MEN BY THESE p TS: - • COU •TEXAS

COUNTY OF JIM HOGG § PUTY

Note: Sale Contract dated AprU 3, 2000 executed and delivered by Juan F. Ruiz and
Angelina A. Ruiz to Mid-State Trust II and Jim Waltor Homes, Inc.

Security Jmtnmeat: Purchase Money Deed of Trust, dated April 3, 2000, executed and delivued by
Juan F. Ruiz and Anaelina A. Rui7. to Mid-~tat• Tnaalll aad lim Walt« HomGa,
Inc., to secure payment of that certain Sale Contract, recorded in Volume 19,
Page 96, in Jim Hogg County, Texas.

Original Creditor: Mid-State Trust II and Jim Walter Homes, Inc.

Current Holder: U.S. Bank. N.A., as Trustee, successor in interest to Wacbovia Bank, National
Association. as Trustee, successor by merger to First Union National Bank as
Trustee, for Mid-State Trust II

CUrrent Owner: Oitech Financial LLC

Mortpge Servl~r: Oitech Financial LLC FKA Green Tree Servicing LLC ('"Servic:er"), 2100 E.
Elliot Road, Bldg 94, Mail Stop T32S, Tempe, AZ 85284
Attomey1 far Mnrta•P
Theodon J. Riney, BNCo K. ra~ard, HoydGu Hvuper
Servker Autllorlzed to
Appoint Sabstitute THIS INSTRUMENT APPOINTS THE SUBSTITUTE TRVSTEE(S)
Trustees: IDENTU,ED TO SELL THE PROPERTY DESCRIBED IN THE
SECURITY INSTRUMENT IDENTIFIED IN THIS NOTICE OF SALE.
Appolatmcnt or Subltitate THE PERSON SIGNING THIS NOTICE JS THE ATTORNEY OR
AUTHORIZED AGENT OF THE MORTGAGEE OR MORTGAGE
Trustees: SERVICER.

In accordance with Texas Property Code Section 51.0076, thG WldGmguW
attorney for the mortgage servicer has DlliDCd and appoiDted, and by these
presents hc:rcby does name and appoint the following individuals as Substitute
Trustees to act under and by vircue of said Security lnatrumenl

Name~ ud Street Addreu JIM MILLS, SUSAN MILLS, ED HENDERSON, EMILY NORTHERN,
of Sub1tltute Tratee1: VELMA LUNA, VALENTINE CUELLAR
9065 Jollyville, Suite 203A, Austin, TX 78759
PROPERTY ADDRESS1
706 S. M1r11 SL Rl nLI NO. DrrltWit 1WER: IW.r, IUuT.aAnplna A.
~Ill. TX?Bl61

Dec 10 2018 07:48PM HP Fax page 3

Property to be 10ld; AND

Date ofSale: T. J. RINEY, H. HOOPER. S.G. HARVEY, B.K. PACKARD,
S420 L8J Frocway, Suite 220, Dallas, TX 75240.
Tillie or Sale:
Tho Substitute Trustees are authorized to sell the Premises at public venue to the
IAcation ofSale: highest bidder or bidders. for cash. Note: Each Sllbllihlt• ,,,.., is ntlrt~rlud

.~,, .. vt a.ac, lndlvldu11/ly. to ac1 a/on• wlthflllt lh1 johrder ofth• oth•r trrllteu.

706 S. Maria Sl., Hcbronville, TX 78361, and as further described in Exhibit A
attacllcd hereto, along with the improvements on such real property and &Dy after
acquired perm111ent improvements or title to such improvements and/or real

property (the ..Premises" u described in §9.604 of tbo Texas Uniform
Commercial Code).

Pursuant to Howe BW 1U8, lfaned Into law on 51l6/l017, tbe sale wm be

lleld oa Wednaday, l/2Jl019
The sale will begin no earlier than 10:00 AM and no later than three (3) hours
thereafter.

At thl(ll Co•nfy Courtbo..o Jn Jim Hog C.aat)', T~~aa, oo thg Wca;L aide ot
tbe courthouse, unless the location of the sale has been otherwise designated to a
spc<:ifiC location by the Commissioner's Court of Jim Hog County. If such a
desiption by the Commissioner's Court has been made and recorded after tbe
date hereof and prior to the time of the sale. then the Substitute Trustee will sell
the Premises at the area designated by the Comminioner•s Court of Jim Hog
County, Texas.

-.. ne sale wm 1:1e condUCted as a public auction to tbe biahest bidder fer cash,

aubject to the provisions of the Purchase Money Deed of Trust permitting the
bcneraciary thereunder to have the bid credited to the note up to the amount of
the unpaid debt secured by the Pun:hasc Money Deed ofTrust at the time ofsale.

Those desiring to purchase the property wiiJ need to demonstrate their ability to
P'")' tl.•i• loic& ~• .u.a.a;r la ..._h u u-r.: 1#1" Jo """"'I'"""·

11\e sale will be made expre,e!y subject to a."'ly title mattCB set furth m &hv
Security ·lr.str.unent. but i)iuspective bidden an: reminded that by law the $8le
will necessRrily be made mbjeet to all prior matten of tcocrd aff'OQtinS tho
property, If any, to the extent that they remain in force and effect and have not

been subordinated to the Security lnsttwnent. The sale shall not cover any part of
the property that hll$ been releued of public record fmm the liM of' thl!!! Seeunty
Instrument. Prospective bidders are strongly urged to examine the app!ie!ble

property records: lo determine the nature and extent ofsuch matters, if any.

Pursuant to the Security Instrument, the beneficiary has the right to direct the
Trustee to sell the property in one or more parcels and/or- to·aen all or onJy part
of the orol)ettY.

Pn....•••• •<flit, ••eti.... ~l . OOIC' .&td..e T•--- fl..•r·~ O•..l., ""-• r•v..,..-'J nUl W iJVhl

in "as is, where is'' ·condidmr,witho-ut aay express or implied warranties. except
as to lhe warranties of title (if any) provided for under the Purchase Money

Deed of TRlSt Prospective bidders arc advised to conduct an independent

BORitOWER: Jtuiz, JuU F•.t Anplina A.

Dec 10 2018 07:49PM HP Fax page 4

Type orSale: investigation ofthe nature and physical condition ofthe property.

Default aad Notice: a..Pursuant to section S1.0075 of the Texas Property Code, the trustee reserves the

riaht to set further reasonable conditioN~ f'ft.. ......,d....,tloa tl.. .... .hny .uch
1\.uthor conditiona ahaiJ b~ annoutxlc:d betbre bidding is opened for the first sale
of tbe day held by the trustee or any substitute trustee.

The saJe is a non-judicial sale being conducted pursuant to the power of sale
granted by the Security Instrument executed by Juan F. Ruiz and Angelina A.
Rub:.

Default has been made in payment of the Note and Security Instrument and the
Note is now unpaid, delinquent BDd in default. All required notices have been
given to Juan F. Ruiz ancl Anplina A. Ruiz and any and all other necessary
parties with regard to the defaulted indebtedness. ~r.~ h•v rwqu-.t.d th•
undenlped, substitute trustee, to p011t, file and give notice of foreclosure of the
Security Instrument and the lien thereof in accordance with applicable Texas law

and the temut anti proui1ione ofth• £eourit)' lnotn&m9nt.

Dated: December 5, 2018.

AFTEitRE®RJ)ING. PLEASE RETURN TO!
Riney Packard, PLLC
Attn: TJ. Riney
Two Uncoln Centre
5420 LBJ Freeway, Suite 220
Dallas, Texas 75240

THIS/SAN ATTEMPT TO COLLECT A DEBTAND ANYINF8RMATIONOBTAINBD
WILL BE uSED FOR THAT PURPOSE

RP JlLE NO. DlTEOz-.539 DOWER: Ruil, J~&~n F. & Allpliu A.

Dec 10 2018 07:50PM HP Fax page 5

Rliz,~1111 P. A AapliaA.

EXHIBIT "A"

Being Lot Nc, FiFt••n (1~) ln Block No. On• (i) o' the Arte !•rr•r•
....d .t ...-t .~. "'- ••~t..,._........c;_·_, ..,,.. f!W\.Vowroy.r-4 .... , OliWI 110WV wQUnlOy 1 1•xee 1 88 per
ormep or plet of ••id •ddltton of record in the oF~ioo the Co~nty

qlark of ~~- Hog; County, TE~a•• to wnloh roPere"o• le hore ••de F.6r

dc.-c;r·lptiv.• p&.u·paea•. Jn Vol. 1 Pg 98 Mep Racorc!!l.

~~-t.t~ariAakDD~ IRHfU NO. DITEOUJt IIORROWtRI Ruia. Juln F." Aft&cl~ A.
TX7U61