Monday, November 29, 2021
RETURN TO NOTICES
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
SUNTERRA DISTRIBUTION, LLC
CASTROS DISTRIBUTION LLC, a/k/a
CASTRO PRODUCE, and DIMAS CASTRO,
CIVIL ACTION NO. 3:18-CV-2783-S
NOTICE OF SALE
Notice is hereby given that pursuant to that one certain Default Judgment entered in the above-captioned matter on September 15, 2019. (the "Judgment") (Dkt. No. 24), a true and correct copy of which is attached hereto as Exhibit "1," the U.S. Marshal's Service of the Northern District of Texas, has been directed to sell at public sale certain real property which is situated in Dallas County, Texas, with a street address of 1934 N. St. Augustine Dr., Dallas, Texas 75217 and which bears the following legal description:
BEING PART OF THE SOLOMON CARVER SERVAEY, ABSTRACT NO. 260, AND BEING PART OF THE LAND CONVEYED BY MRS. E. NITSCHE ET VIR E. TO TOM B. AND J.R. JACKSON BY DEED DATES NOVEMBER 20, 1935, AND RECORDED IN VOLUME 1924, PAGE 576 OF THE DEED RECORDS OF DALLAS COUNTY, TEXAS AND BEING MORE PARTICULARY DESCRIBED AS FOLLOWS, TO-WIT;
FIRST TRACT; BEING A PART OF A 5 ACRE TRACT OF LAND CONVEYED BY TOM AND J.R. JACKSON ET UX TO J.C. JIMMERSON BY DEED DATED JANUARY 21, 1939, AND RECORDED IN VOLUME 2120, PAGE 21 OF THE DEED RECORDS OF DALLAS COUNTY, TEXAS,AND
BEGINNING AT A POINT IN THE WEST LINE OF SAID 5 ACRE TRACT 220 FEET NORTH TO ITS SOUTHWEST CORNER, AND IN THE CENTER LINE OF SAN AUGUSTINE DRIVE, FORMERLY HAZELNUT ROAD;
THENCE NORTH A LONG WEST LINE OF SAID 5 ACRES AND CENTER LINE OF SAID DRIVE, 110 FEET TO CORNER;
THENCE EAST PARALLEL WITH THE SOUTH LINE OF SAID 5 ACRES, 660 FEET TO EAST LINE OF SAID 5 ACRES,
THENCE SOUTH ALONG THE EAST LINE OP SAID 5 ACRES, 110 FEET TO CORNER;
THENCE WEST PARALLEL WITH THE SOUTH LINE OF SAID 5 ACRES 660 FEET TO THE PLACE OF THE BEGINNING.
SAVE AND EXCEPT FROM THE ABOVE DESCRIBED TRACT THAT PART OF SAME CONVEYED TO THE COUNTY OF DALLAS, AND TO THE PUBLIC BY G.F. DESCH ET AL BY DEED RECORDED IN VOLUME 2405, PAGE 374 OF THE PUBLIC RECORDS OF DALLAS COUNTY, TEXAS FR WIDENING SAN AUGUSTINE DRIVE (FORMERLY KNOWN AS HAZELNUT ROAD).
SECOND TRACT: BEING A PART OF A 5 ACRE TRACT OF LAND CONVEYED BY TOM B. JACKSON, ET AL, TO C.E. NOAH BY DEED DATED JANUARY 21,1939, AND RECORDED IN VOLUME 2120, PAGE 19 OF THE DEED RECORDS OF DALLAS COUNTY, TEXAS, AND
BEGINNING AT A POINT IN THE SOUTH LINE OF SAID 5 ACRES, 300 FEET EAST OF THE CENTER LINE OF SAN AUGUSTINE DRIVE, FORMERLY KNOWN AS HAZELNUT ROAD, SAID BEGINNING POINT ALSO IN THE NORTH LINE OF THE 5 ACRES CONVEYED TO J.C. JIMMERSON BY DEED RECORDED IN VOLUME 2120, PAGE 21 OF THE DEED RECORDS OF DALLAS COUNTY, TEXAS.
THENCE EAST ALONG THE SOUTH LINE OF C.E. NOAH 5 ACRES, 360 FEET TO ITS SOUTHEAST CORNER, BEING THE NORTHEAST CORNER OF SAID JIMMERSON 5 ACRES;
THENCE NORTH ALONG THE EAST LINE OF SAID NOAH'S 5 ACRES 110 FEET;
THENCE WEST PARALLEL WITH THE SOUTH LINE OF SAID NOAH'S 5 ACRES, 360 FEET TO CORNER;
THENCE SOUTH 110 FEET TO THE PLACE OF BEGINNING, SAVE AND EXCEPT THE PART IN SAN AUGUSTINE ROAD, OR DRIVE.
Pursuant to the Writ of Execution issued on July 9, 2021, and served on Defendants on August 30, 2021, the U.S. Marshal's Service will on December 7, 2021 at 10:00 A.M. or within three (3) hours thereafter, on the North Side of the George Allen Courts Building below the overhang facing 600 Commerce Street, Dallas, TX 75202, offer for sale and sell to the highest bidder all of the right, title and interest of the above captioned Defendant(s) in the Property, together with all improvements thereon to satisfy the amounts adjudged in the Judgment.
The conditions for the sale of the Property are that:
-The successful bidder shall be required to deposit with the U.S. Marshal's Service a minimum of ten percent (10%) of the amount of his/her bid by cash or certified funds made payable to the United States Marshal's Service at the time of sale. The United States Marshal's Service will immediately re-open the sale should the successful bidder fail to comply.
- The balance of the successful bid shall be tendered to the U.S. Marshal's Service within two (2) days after the date of sale on December 7, 2021, in the form of a certified check made payable to the United States Marshal's Service at 1100 Commerce Street, #1657, Dallas, TX 75242. The ten percent (10%) deposit described herein will be forfeited by the successful bidder and applied to the expenses of a subsequent public sale of the Property should the successful bidder fail to comply.
- The sale of the Property described herein is subject to confirmation by the Court from which the Writ of Execution issues, and upon such confirmation the United States Marshal's Service shall execute and deliver a deed conveying the Property "as is" to the successful bidder.
-Should the Court refuse to confirm any sale of the Property, any successful bidder's sole and absolute recourse shall be the return of her bid funds.
ALL SALES SHALL BE BY UNITED STATES MARSHAL'S DEED AND "AS-IS" WITH ANY AND ALL ENCUMBRANCES TO TITLE OR CONDITION, EXPRESS OR IMPLIED, AS EVIDENCED BY UNITED STATES MARSHAL'S DEED. THE USMS CAN DECLARE A "NO SALE" AT ANY TIME, TO INCLUDE POST SALE.
Any questions regarding the Property may be directed to Bruce Akerly, at 469-444-1864.
Acting United States Marshal
Northern District of Texas
By: Angel Garcia
Title: Deputy US Marshal