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NOTICE OF FORECLOSURE SALE
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JUNE 6,2017
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DEED OF TRUST("Deed of Trust"):
nr-,
Dated:
ApriI16,2013
Grantor:
JARED K. HILL
Trustee:
STEPHEN W. McDANIEL
Lender:
DEBORAH KAY HILL
Recorded in:
Volume 1081, Page 39, Official Public Records, Upshur County,
Legal Description:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART
Secures:
PROMISSORY NOTE ("Note") in the original principal amount
of $53,533.43, executed by JARED K. HILL ("Borrower") and
payable to the order ofLender
Property:
The real property, improvements, and personal property described
in and mortgaged in the Deed of Trust, including the real property
described in the attached Exhibit A, and all rights and
appurtenances thereto
Texas
HEREOF.
FORECLOSURE SALE:
Date:
Tuesday,June 6,2017
Time:
The sale of the Property will be held between the hours of 10:00
A.M._^d 4:i).0 P.M. local time; the earliest_time_at which,the
Foreclosure Sale will begin at 10:00 a.m. and not later than
three hours thereafter.
Place:
On the front steps of the North entry of the Upshur County
Courthouse, Buffalo Street, Gilmer, Texas.
Terms of Sale:
The Foreclosure Sale will be conducted as a public auction and the
Property will be sold to the highest bidder for cash, except that
DEBORAH KAY HILL's bid may be by credit against the
indebtedness secured by the lien ofthe Deed ofTrust.
Default has occurred in the payment of the Note and in the performance of the
obligations of the Deed of Trust. Because of that default, DEBORAH KAY HILL,the owner
and holder of the Note, has requested duly appointed Substitute Trustee to sell the Property.
The Deed of Trust encumbers real property. Formal notice is hereby given of
DEBORAH KAY HILL's election to proceed against and sell the real property described in the
Deed of Trust in accordance with DEBORAH KAY HILL's rights and remedies under the Deed
of Trust and section 9.604(a) ofthe Texas Business and Commerce Code.
Therefore, notice is given that on and at the Date, Time, and Place for the Foreclosure
Sale described above. Trustee will sell the Property in accordance with the Terms of Sale
described above,the Deed ofTrust, and applicable Texas law.
If DEBORAH KAY HILL passes the Foreclosme Sale, notice of the date of any
rescheduled foreclosure sale will be reposted and refiled in accordance with the posting and
filing requirements ofthe Deed of Trust and the Texas Property Code.
The Foreclosure 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 Foreclosure Sale will
necessarily be made subject to all prior 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.
For the avoidance of doubt, the Foreclosure Sale will not cover any part ofthe Property that has
been released of public record from the lien and/or security interest of the Deed of Trust by
DEBORAH KAY HILL. Prospective bidders are strongly urged to examine the applicable
property records to determine the nature and extent ofsuch matters, if any.
Pursuant to section 51.009 ofthe Texas Property Code,the Property will be sold "AS IS,"
without any expressed or implied warranties, except as to the warranties (if any) provided for
under the Deed of Trust. Prospective bidders are advised to conduct an independent
investigation ofthe nature and physical condition ofthe Property.
Pursuant to section 51.0075(a) of the Texas Property Code, Trustee reserves the right to
set further reasonable conditions for conducting the Foreclosure Sale. Any such further
conditions shall be announced before bidding is opened for the first sale of the day held by
Trustee.
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 militaiy 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 ofthe active duty military service to the sender of this notice immediately.
PEGGY S. GARMON,Attorney at Law
312 N. Titus Street, P. O. Box 1412
Gilmer,TX 75644
Telephone(903)843-2646
Telecopier(903)843-5606
EXHIBIT
All that certain lot, tract or parcel of land being a 12.589 acre tract known as Tract 13 of the Subdivision of
a 331.336 acre tract of land situated in the L. Gonzaies Survey, A-169,Upshur County, Texas and being a
portion of that called 212 acres described as First Tract in a Warranty Deed dated January 28,1985 from
Bobby Grinitb and wife,Surina GrifHtb to Carl£.Scott and wife,Shirley Scott and recorded in Volume 462,
Page 320 ofthe Deed Records ofUpshur County,Texas and the 12.589 acre Tract 13 being more particularly
described as follows:
BEGINNING at an iron rod at the Southeast comer ofTract 10 and the Southwest corner of Tract 13, being
1.0 foot North ofthe South boundary line ofthe 331.336 acre Subdivision and the South boundary line of the
called 212 acre First Tract from whence the Southwest corner ofsame bears S89deg 56' 16" W2130.97feet;
THENCE North 421.65 feet along a common marked boundary line to an iron rod at the Northwest corner
ofTract 13 and the Southwest comer of Tract 14;
TEQ^NCE East 294.76 feet along a common marked boundary line to an iron rod at an angle comer ofTracts
13 and 14;
THENCE North 42deg 45'00"E 350.00 feet along a common marked boundary line to an iron rod at an angle
comerofTracts 13 and 14;
THENCE North 35deg 59' 00" E along a common marked boundary line passing an iron rod for reference
at 197.82 feet and continuing in all 223.00 feet to a 60d spike in the centerline of an access road easement at
the Northernmost corner ofTract 13 and the Easternmost comer ofTract 14;
THENCE along the centerline of the access road easement as follows:
S 47deg 06' 12" E 233.88 feet to a 60d spike;
S Sldeg 17'38"£96.75 feet to a60d spike at the intersection with the centerline ofGum Creek at the common
comer of Tracts 13,16,28 and 29;
THENCE along the meanders of Gum Creek as follows:
S Oldeg sr59" E 147.38 feet;
S 02deg 58'59" E 403.55 feet;
South 88.54 feet to an iron rod at the Southeast corner ofTract13 and the Southwestcomer ofTract 29,being
1.0 foot North ofthe South boundary line of the 331.336 acre Snbdivision and the South boundary line ofthe
called 212 acre First Tract;
THENCE South 89deg 57' 33" W 936.00 feet along the line being 1.0 foot North of and parallel to original
South boundary line to the Place of Beginning and containing 12.589 acres of land, more or less.
together with~al!"buildings"and improvements"of eveiy'kind orcharacter'now"or hereafter'located'thereon; all
mechanical,plumbing,gas, electrical, heating,refrigeration, ventilating,air conditioning,sprinkling and swimming
pool equipment and all other fixtures and equipment,and all replacements,substitutions, additions and bettennents
thereof and thereto, except that consumer goods(as said term is defmed in the Texas Business and Commerce Code)
acquired more than ten (10) days after the proceeds of the Note (hereinafter defined) are disbursed shall not be
included in the foregoing grant, and all leases and other rental agreements, rents, security and other deposits,
royalties, revenues, profits and income now or hereafter belonging or incident thereto and ail and singular the ri^ts,
privileges, hereditaments and appurtenances thereto in any lease belonging(all ofthe property, botii personal, real
and mixed, described hereinabove shall be hereinafter collectively called the "Proper^").