GENTLE CREEK ESTATES PHASE THREE CPR, BLK I, LOT 1
Bedrooms
Bathrooms
Sq Ft
Year Built
C&M No. 44-25-01944/ FILE NOS
NOTICE OF TRUSTEE'S SALE AND APPOINTMENT OF SUBSTITUTE
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 military duty as a
member of the Texas National Guard or the National Guard of another state or as a member
of 4 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. Sender is: Codilis &
Moody, P.C., 20405 State Highway 249, Suite 170, Houston, TX 77070
INSTRUMENT BEING FORECLOSED AND MORTGAGE SERVICER INFO:
Deed of Trust dated January 12, 2009 and recorded under Clerk's File No. 200901 13 i al property
records of Collin County Texas, with Cesar A. Rodriguez Gimenez and i i i
and wife. as Grantor(s) and Mercantil Commercebank, N.A. as Original
promissory note (the “Note”) executed by Cesar A.
Windstream Capital LLC is the current mortgagee :
Lien.
The Mortgage Servicer is authorized to rep
Mortgagee. Pursuant to the Servicing Agre
authorized to collect the debt and to admini
referenced loan. Avail Holding LLC is acting as
representing the Mortgagee, whose address is;
ode 51.0025, the Mortgage Servicer is
e of the property securing the above
er for the Mortgagee. Avail Holding LLC, is
Legal Description: :
LOT 1, BLOCK 1, OF GENTLE CR PHASE THREE, AN ADDITION TO THE TOWN OF
PROSPER, COLLIN CO DING TO THE PLAT THEREOF RECORDED IN
VOLUME N, PAGE 244, OF COLLIN COUNTY, TEXAS.
SALE INFORMATION
Date of Sale: 11/04 Earliest Time Sale Will Begin: 10:00 AM ~
e place of the sale shall be: Collin County Courthouse, Texas at the following
McKinney, Texas 75071, or if the preceding area is no longer the designated area,
mated by the County Commissioner's Court
TERMS OF SALE
A default has occurred in the payment of said herein referenced indebtedness, and the same is now wholly due, and
the Mortgagee and/or Mortgage Servicer has requested the hereinafter appointed Substitute Trustee to sell said
property to the highest bidder for cash and to distribute or apply the proceeds of said sale in accordance with the
terms of said Deed of Trust.
‘The Sale will be conducted as a public auction to the highest bidder for cash, except that Mortgagee’s bid may be by
credit against the indebtedness secured by the lien of the Deed of Trust. Pursuant to the Deed of Trust, the
mortgagee 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.
_ eg
Collin
~~
The sale will begin at the earliest time stated above, or within three (3) hours after that time. If the sale is set aside
for any reason, the Purchaser at the sale shall be entitled only to a return of the funds paid, The Purchaser shall have
no further recourse against the Mortgagor, the Morigagee or the Mortgagee's attorney.
THIS INSTRUMENT APPOINTS THE SUBSTITUTE TRUSTEE(S) IDENTIFIED TO SELL THE
PROPERTY DESCRIBED IN THE SECURITY INSTRUMENT IDENTIFIED IN THIS NOTICE OF
SALE. THE PERSON SIGNING THIS NOTICE IS THE ATTORNEY OR AUTHORIZED AGENT OF
THE MORTGAGEE OR MORTGAGE SERVICER.
WHEREAS, in my capacity as attomey for the Mortgagee and/or Its Mortgage Servicer, and pursuant to Section
51.0076 of the Texas Property Code, I HEREBY APPOINT AND DESIGNATE Carol Dunmon, Mary
Mancuso, Michele Hreha, Shelley Ortolani, Francesca Ortolani, Guy Wiggs, David Stockman, Brenda Wiggs,
Donna Stockman, Janet Pinder, Brandy Bacon, Michelle Schwartz, Jamie Dworsky, Angela Cooper, Payton
Hreha, Jeff Benton, Thomas Delaney, Danya Gladney, Aaron Demuth, Codilis & , P.C., or Agency
Sales and Posting LLC, as Substitute Trustee. .
The address for the Substitute Trustee for purposes of Section 51.0075(e) of the Texas P
Codilis & Moody, P.C.
20405 State Highway 249, Suite 170
Houston, TX 77070
(281) 925-5200
Executed on October 6, 2025.
Attorney at Law
Posted and filed by:
Printed Name:
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Appraised Value
$1,435,246
Default Amount
$344,500
Potential Savings: $1,090,746
Auction Date
November 4, 2025 10:00 AM
Foreclosure Type
mortgage
Current Owner
GIMENEZ CESAR A RODRIGUEZ &
2025 We Good LLC. All Rights Reserved