12701 Executive DR

R/P CORPORATE BUS PARK, ACRES 2.083, PT RES B BLDG F CORP CENTER III

FILl!I 14
2025 OCT l L, ~M I I : 011
NOTICE OF FORECLOSURE SALE ~~ ~~lt.a~d .
. . _ .•.. ·_. C0UNTY cum~ _ .
Assert and protect your rights as a member of the armed forces of the United~t\ljJ:Nlry'C~"'}i€·<lf
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 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.
State of Texas §
§
County of Fort Bend §
I. Instrument to be Foreclosed. The instrument to be foreclosed is that certain Deed of Trust as follows:
Deed of Trust (to include all renewals, extensions, corrections and modifications thereof -"Deed of
Trust"):
Date: October 29, 2021
Grantor /Borrower: Executive Drive Properties, Inc.
Substitute Trustees:
Beneficiary/Lender:
Property is Located in:
Recording Information:
2. Property to Be Sold. Jeff Leva of Fort Bend County, Texas, or Sandy Dasigenis of Fort Bend
County, Texas, or Steve Leva, of Fort Bend County, Texas, David Garvin of
Fort Bend County, Texas or Allen M. DeBard of Bexar County, Texas (each
the "Substitute Trustee")
Ameritas Life Insurance Corp.
Fort Bend County, Texas
Deed of Trust dated October 29, 2021 and recorded November 1, 2021 in
the Official Public Records of Fort Bend County, Texas under Document
No. 2021182378
The Property to be sold is described as the real property, improvements,
fixtures, personal property, rents and other property described in and
mortgaged in the Deed of Trust, including the real property described as
follows: "
Being a tract or parcel of land containing 2.083 acres of land or 90,750
square feet, located in the H.J. Dewitt Survey, Abstract 162, Fort Bend County,
Texas, Said 2.083 acre tract of record in the n·ame of Executive Drive
Properties, Inc., in the Fort Bend County Clerk's File (F.B.C.C.F.) Number
2007144184; Said 2.083 acre tract being out of and a part of Unrestricted
Reserve "B" in Corporate Business Park Replat, a subdivision duly of record in
Cabinet 303, Sheet B, in the Plat Records of Fort Bend County (F.B.C.P.R.),
Texas; Said 2.083 acre tract being more particularly described as follows
(bearings based on said deed):
4926-7512-3058, V. 1 BEGINNING at a 5/8 inch iron rod found for he northwest corner of the
herein described tract and the southwest corner of a called 4.0862 acre tract of
record in the name of Iron Owner LLC in F.B.C.C.F. Number 2018099242, and
being on the east Right-of-Way (R.0.W.) line of Executive Drive (60 feet wide);
THENCE, coincident the north line of the herein described tract and the
south line of aforesaid 4.0862 acre tract, North 89 Degrees 57 Minutes 00
Seconds East, a distance of 250.00 feet to an "X" cut found in concrete for the
northeast corner of the herein described tract and the southeast corner of said
4.0862 acre tract, being on the west line of a called 9.1354 acre tract of record
in the name of CP Oakley, LLC in F.B.C.C.F. Number 2004095797;
THENCE, coincident the east line of the herein described tract and the
west line of aforesaid 9.1354 acre tract, South 00 Degrees 03 Minutes 00
Seconds East, a distance of 363.00 feet to a Mag. Nail found in concrete for
the s.outheast corner of the herein described tract;
THENCE, coincident the south line of the herein described tract, South
89 Degrees 57 Minutes 00 Seconds West, a distance of 250.00 feet to a 5/8
inch iron rod with "Gruller" cap set for the southwest corner of the herein
described tract, being on the west line of aforesaid Reserve "B" and the east
R.O.W. line of aforesaid Executive Drive, from which a 5/8 inch iron rod found
bears South 7 4 Degrees 50 Minutes 37 Seconds East, a distance of 2.33 feet;
THENCE, coincident the west line of the herein described tract and the
east R.O.W. line of aforesaid Executive Drive, North 00 Degrees 03 Minutes 00
Seconds West, a distance of 363.00 feet to the POINT OF BEGINNING and
containing 2.083 acres <?f land.
EASEMENT TRACT TWO:
Together with such rights in and to those certain Access Easements granted in
instrument recorded in Volume 912, Page 51 O of the Deed Records of Fort
Bend County, Texas, also described in instruments recorded in Volume 912,
Pages 496 and Volume 912, Page 503 of the Deed Records of Fort Bend
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, November 4, 2025
The sale will begin at 1:00 p.m. or within 3 hours thereafter.
Fort Bend County Fairgrounds, 4310 Highway 36 South, Rosenberg, Texas 77471 or
any other area the County Commissioners of Fort Bend County may designate.
The Deed of Trust permits the Beneficiary to postpone, withdraw, or reschedule the sale for another
day. In that case, the 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
4926-7512-3058,v. 1 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 credit bid up to the
amount of the unpaid Indebtedness 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 cash on the day
the Property is sold and otherwise identify themselves in accordance with the provisions of the Deed
of Trust.
Any portion of the Property subject to Article 9 of the Texas Business and Commerce Code, will be
sold pursuant to the Deed of Trust and this sale, pursuant to Section 9.604 (a) of said Article 9.
The sale will be made expressly subject to any title matters set forth in the Deed of Trust or otherwise
recorded in the Real Property Records of Bexar County, Texas or predecessor records of said County,
if any, to the extent that such matters remain in force and effect and have not been subordinated to the
Deed of Trust; further, sale will be made expressly subject to any liens, charges, assessments or ad
valorem taxes unpaid applicable to any portion of the Property. The sale shall not cover any part of
the Property, if any, 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 all matters of record, 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 from Borrower. Neither the Substitute Trustee nor the
Beneficiary makes any warranty or representation concerning the title or the physical condition of the
Property. Certain leases may be in effect as to the Property and may or may not be affected by this
sale.
Pursuant to section 51.0075 of the Texas Property Code, the Substitute 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 Substitute Trustee.
5. Type of Sale. The sale is a nonjudicial deed-of-trust lien and security interest foreclosure sale being
conducted pursuant to the power of sale granted by the Deed of Trust.
6. Obligations Secured. The Deed of Trust provides that it secures the payment of the indebtedness
and obligations therein described, including but not limited to (a) Promissory Note dated October 29,
2021 in the original principal amount of $3,575,000.00 executed by Borrower and payable to
Lender's order (the ~'Note") and (b) all renewals, modifications, and extensions thereof (if any).
Lender is the current owner and holder of the Note and is the beneficiary under the Deed of Trust.
The Note and all other debts of the Borrower to the Lender secured by the Deed of Trust may be
referred to as the Indebtedness.
7. Default and Reguest to Act. Default has occurred under the Deed of Trust, and the Beneficiary has
requested the Substitute Trustee to conduct this sale. Notice is given that before the sale the
Beneficiary may appoint another person substitute trustee to conduct the sale. Anyone wishing to bid
or be present should contact either of the undersigned Substitute Trustees prior to the sale.
4926-7512-3058, v. 1 .,_
i
8. Substitute Trustee. A true and correct copy of the Lender's ~ppointment of the Substitute Trustee is
a~ached hereto. SUCH 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.
Dated: October 14, 2025 4'~~ Allen D~ d orJeff I.:eva or Sandy Dasigenis or Steve Leva or David Garvin
Substitute Trustee
745 E. Mulberry, Ste. 700,
San Antonie, Texas 78212
adebard(mlangleybanack.com
(210) 736-6600 Ph
(210) 735-6889 Fax
4926-7512-3058,v. 1