NOTICE
OF
FORECLOSURE
SALE
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I. Property to Be Sold. The property to be sold is described
as
follows:
Lot 31, in Block 1
of
DEERFIELD SUBDIVISION, a subdivision in the Allen
Dimery Survey, A-5, Leon County, Texas, according to the map
or
plat thereof
recorded in Vol. 1764, Page 625, Official Records
of
Leon County, Texas.
2.
Instrument to
be
Foreclosed. The instrument to be foreclosed is the Deed
of
Trust dated
September 25, 2023, recorded as Instrument No. 2023-00462480 (Vol. 1959, Page 727)
of
the Official Records
of
Leon County, Texas.
3.
Date, Time,
and
Place
of
Sale. The sale is scheduled to be held
at
the following date, time,
and place:
Date:
Time:
Place:
Tuesday, October
1,
2024
The sale will begin no earlier than 10:00 a.m. or no later than three
hours thereafter. The sale will be completed by no later than 4:00
p.m.
Leon County Courthouse in Centerville, Texas, at the following
location: At the south door
of
the Leon County District Court
Building located at 139
E.
Main St., Centerville, Texas 75833, unless
the location
of
the sale has been otherwise designated to another
specific location by the Commissioner's Court
of
Leon County,
Texas.
If
such a designation by the Commissioner's Court has been
made and recorded after the date hereof and prior to the time
of
the
sale, then the Trustee will sell the Premises at the area designated by
the Commissioner's Court
of
Leon County, Texas.
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. The reposting
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
credited 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 their bid
immediately in cash
if
their bid
is
accepted.
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,
if
any, to the extent that they remain in force and effect and
have
not
been subordinated
to
the deed
of
trust. The sale shall
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.
Pursuant to the deed
of
trust, the beneficiary 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. Prospective bidders are advised to conduct an independent
investigation
of
the nature and physical condition
of
the property.
Pursuant to section 51.0075
of
the Texas Property Code, the trustee reserves the right to
set
further reasonable conditions for conducting the sale. Any such further conditions shall
be
announced before bidding is opened for the first sale
of
the day held
by
the trustee
or
any substitute
trustee.
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 Jeffery L. Helton and
Lynzie N. Helton.
The
real property and personal property encumbered
by
the deed
of
trust will be sold
at
the
sale in accordance with the provisions
of
the deed
of
trust and as permitted by section 9 .604(
a)
of
the
Texas Business and Commerce Code.
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
the promissory note in the original principal amount
of
$33,500.00, executed by Jeffery L.
Helton and Lynzie N. Helton and payable to the order
of
Weldon W. Alders. Weldon W. Alders is
the current owner and holder
of
the Obligations and is the current beneficiary under the deed
of
trust
and any extensions and modifications thereof.
7.
Default
and
Request to Act. Default has occurred under the deed
of
trust, and the beneficiary
has requested me,
as
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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Dated: September 4, 2024
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