Notice of Su bstitu Ie Trustee Sale

T.S. #: 18-1934

Assert and )ro(cct our ri hts as :I member of the armed forces of the United Sbtes. If ou art' or ,,'our S lOuse is servinon active militar dut includin active D1iJit:lrv dul as a member oflhe Tex.as National Guard or the NlItional Guard ofanother state or as a member of a reserve component of thr armed (on-'f's of the United Stales, please send written noticeof the ~u.'th'e duty OIi1ituy service to the sender of this lIotice immedintcly.

Dale, Time, and Place of Sale - The sale is scheduled to be held at the following date, time and place:

Date:

Time:

Place:

10/112019

The sale will begin no earlier than IO:()OAM or no later thall three hours thereafter.The sale will be completed by no later than I :00 PMGulveston County Courthouse in GALVESTON, Texas, at the following location:TilE FIRST FLOOR LOBllY OF TilE GALVESTON COUNTYCOURTIIOUSE, 722 MOODY, GALVESTON, TEXAS OR IN THE AREADESIGNATED BY THE COMMISSIONER'S COURT, PURSUANT TOSECTION 51.002 OF TIlE TEXAS PROPERTY CODE

Property To Be Sold - The property to be sold is described as follows:

Lot 11 in Block 494 In the City and County of Galveston, Texas.

Instrument to be ForecJused - The instrument to be fiJrecJoscd is the Deed of TruSI is dated 5/3012007 and isrecorded in the ollice of the County Clerk of Galveston Count)', Texas, under County Clerk's File No 2007044850recorded on 7/1012007 of the Real Property Records of Gaivesloll County. Texas.

1414 POST OFFICE STREETGALVESTON,TX 77550

Trustor(s):

CurrentBeneficiary:

LARRY LEON HOLZER .ndGAIL SHJJ{LEY HOLZER

U.S. BANK TRUST NATIONALASSOCIATION, AS TRUSTEEOF TIlE CHALET SERIES IIITRUST

Original Beneficiary: ABN AMRO MORTGAGEGROUI', INC.

Loan Servicer: nSI Financial Services. InC'.

CurrentSubstitutedTrustees:

John Sisk, Israel Curtis, Stephen MaYl'rs. Collette Mayers, Traci Yeaman, KellyMcDaniel, Ross Bandy, \Ves \Vheat, Kinney Lester, Jason Spence, Carl Me}'ers, AmyBowman ,Evan ')ress, Reid Ruple, Renee Thomas, Kristie Alvare7.,Julian Perrine, SteveLeva. Sandy Dasigcnis, Lillian Podker, .Jeff Leva, Patrici:.t Poston, ()avid PostOll, RickSnoke, Briana Young, Patricia Saucfl(."Z., Heather Smith

The Mortgage Servicer is authorized to represent Ihe Mongagee by virtue of a servicing agreement with theMortgagee. Pursuant to the Servicing Agreemenl and Texas Property Code ~5 J .0025, Ihe Mortgage Servker is

T.S. #: 18-1934

authorized to collect the debt and to administer any resulting foreclosure of the property securing the abovereferenced loan.

Terms of Sale - The sale will be conducted as a public ,metion to the highest bidder for cash, subject to theprovisions of the deed of trust pennitting the beneficiary thereunder to have the bid credited to the note up to theamount of the unpaid debt secured by the deed of trust at the time of sale. Prospective bidders are strongly urged toexamine the applicable property records to determine the nature and extent of such matters. if any. Pursuant to theDeed of Trust. the beneficiary has the right to direct the Trustee to sell the property in one or more parcels and/or tosell all or only part of the property. Pursuant to section 51.009 of the Texas Propeny Code, the propeny will be soldin "as is, where is" condition, wilhout 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 indcpt:ndent investigation of thenature and physical condition of the propclty. Pursuant to section 51.0075 of the Texas Property Code, the trusteereserves the right to set further reasonable conditions for conducting the sale. An)' such further conditions shall beannounced before bidding is opened for the first sale of the day held by the trustee or any substitute tmstee.

Type ursale ~ The sale is a non-judicial deed of trust lien and security interest foreclosure sale being conductedpursuant to the power of the sale granted by the deed or trusl execuled by LARR Y LEON HOLZER and GAILSHIRLEY HOLZER, HUSBAND AND WIFE. The real propel1y ano personal property encumbered by the deed ortrust will be sold at the sale in accordance with the provisions of the deed of trust and as pennitted by section9.604(a) of the Texas Business and Commerce Code.

Obligations Secured - The deed of trust provides that it secures the payment of the indebtedness and obligationstherein described (collectively the "Obligations") including by not limited to (I) the promissory note in the originalprincipal alllount of $220,800.00, execuled by LARRY LEON HOLZER and GAtL SHIRLEY HOLZER,HUSBAND AND WIFE. and payable to Ihe order or ABN AMRO MORTGAGE GROUP, I'NC.; (2) all renewalsand extensions of the note; ano (3) any und all present and fOlure indebtedness of LARRY LEON HOLZER andGAIL SHIRLEY HOLZER, HUSBAND AND WIFE to LARRY LEON HOLZER and GAIL SHIRLEY HOLZER.U.S. BANK TRUST NATIONAL ASSOCIATION, AS TRUSTEE OF THE CHALET SERIES III TRUST is tilecurrent owner and holder of the Obligations and is the beneficiary under the Deed of Trust.

The sale will be made, but without covenant or wam:Ulty. expressed or implied, regarding title, possession, orencumbrances, to pay the remaining principal sum orthe note(s) secured by the Deed of Trust, with interest and latecharges thereon, as provided in the note(s), adv<mces, under the terms of the Deed of Trust, interest thereon, fees,charges and expenses of tile Trustee for the total amount (at the time of the initial publication of the Notice of Sale)reasonably estimated to be set forth below. The amount may be greater un tilt: day of sale.

Questions concerning the sale may be directed to the undersigned or to the beneficiary:

U.S. RANK TRUST NATIONAL ASSOCIA TlON, AS TRUSTEE OF' TIl E CHALET SERIES III TRUSTc/o nSI Financial Services. Inc.31~ S. Franklin Street, 2nd FloorTitusville, "A 16J5~(972) 746-4961

T.S. #: 18-1934

John Sis'" Israel Curtis, Stephen Mayers, Collette Mayers, Trac; Yeaman, KellyMcDaniel, Ross Bandy, Wes Wheal, Kinney Lesler, Jason Spence, Carl Meyers,Amy Bowman ,Evan Press, Reid Ruple, Renee Thomas. Kristie Alvarez, JulianPerrine, SIeve Leva, Sandy Dasigenis. Lillian Poelker, JelT Leva, Patricia Poston,David Poston, Rick Snoke, Briana Young, Patricia Sanchez, Heather Smith,

p~7ic-e~t------=--------------_600 E John Carpenter Freeway, Suite 175Irving, Texas 75062Phone: (949) 427-2010Fax: (949) 427-2732

AFTER RECORDING, PLEASE RETURN TO:Prestige Default Services600 E John Carpenter Freeway, Suite 175Irving, Texas 75062Attn: Trustee Department

Received: 7112/20194:00 PMEnvelope No. 35096417

FILEDCAUSE NO.: 19-CV-071O

In Re: Order for ForeclosureConcerning 1414 Post Office Street,Galveston, Texas 77550Under Tex. R. Civ. P. 736

Petitioner:

U.S. RANK TRUST NATIONALASSOCIATION, AS TRUSTEEOF THE CABANA SERIES IIITRUST

Respondent(s):

LARRY LEON HOLZER andGAIL SHIH LEY HOLZER

COURT IN ANI> FOR

GALVESTON COUNTY, TEXAS

ORDER FOR FORECLOSURE

1. On this date the court considered Petitioner's Application lor an Expedited order under

Rule 736 on a Home Equity Loan. Petilioner's application complies with the

requirements of Texas Rule ofCi,il Procedure 736.1.

2. The name and last known address of each Respondent subject to this Order is:

Larry Leon Holzer1514 Winston Homestead Dri,eRiclmlOnd. Texas 77406

Gail Shirley Hol2er1514 Winston Homestead Dri,eRiclunon. Texas 77406

3. Each respondent was properly served with the citation and appeared through counsel on

this date.

4. The Property thaI is subject of this loreclosure proceeding is cOl1llllonly known as 1414

Post Ortice Street. Galveston. Texas 77550. more properly known as:19-CV-0710DCJUAODJudgmenl - Final - All Olher Disposilions _lS62290

~llllmIIIIIWllflm~Jm~II/~

LOT II TNBLOCK 494 IN THE CITY AND COUNTY OF GALVESTON, TEXASA.r.N.0103835

5. The lien sought to be foreclosed is a home equity loan undcr article XVI. Section 50(a)(6)

of the Texas Constitution. The lien is indexed at Instrument No. 2007044850 and

recorded in the real property records of Galveston County, Texas ("Deed of Trust").

6. The material facts establishing Respondent's default are alleged in petitioner's

application and the supporting aftidavit. Those facts are adopted by the court and

incorporated by reference in this Order.

7. Based on the at1idavit of Petitioner, no Respondent subject to this order is protected from

foreclosure by the Servicemembers Civil Relief Act, 50 U.S.c. App &501et seq.

8. Therefore, the Court grants Petitioner's Application. Petitioner may proceed with

foreclosure of the property described above in accordance with applicable law and the

loan agreement sought to be foreclosed.

9. This Order is not subject to a motion for rehearing, a ncw trial, a bill of review, or an

appeal. Any challenge to this order must be made in a separate, original proceeding filed

in accordance with Texas Rule of Civil procedure 736.11.

rl-lSIGNED IhisLL day of July, 2019.

Approved and Entry Requested:

lsi Philip S. TravnorGhidotti Berger, LLPPhilip S. TraynorSlale Bar No. 24083985ptmvnor:il. !.!hidnll ihC'r~t:r.~nm600 E. JOM Carpenter Fwy. SIC 246Irving, Texas 75062(949) 427-20 I0 (Phone)(949) 427-2732 (Fax)

FILED

Instrument Number: FILED2019001073

Filing Fee: 23.00

Number Of Pages:?

Filing Date: 08/28/2019 9:05AM

I hereby certify that this instrument was FILED on the date and time stamped hereonand RECORDED in the OFFICIAL PUBLIC RECORDS of Galveston County, Texas .

Dwight D. Sullivan, County ClerkGalveston County, Texas

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DO NOT DESTROY - Warning, this document is part of the Official Public Record.