Foreclosure Sale Bill of Sale
By a Deed of Trust and Security Agreement (the “Deed of Trust”) dated [date], recorded in [recording data] of the real property records of [county] County, Texas, [name of grantor], as grantor, encumbered certain property as collateral (the “Collateral”) for the purpose of securing and enforcing payment of the indebtedness and obligations therein described (collectively, the “Obligations”).
Default occurred in the payment of the Obligations when due [include if applicable: and the unpaid principal balance of the Obligations plus accrued interest was accelerated]. The Obligations remain unpaid.
Written notice of the time, place, and terms of the public foreclosure sale of the Collateral was publicly posted at the courthouse door of [county] County, Texas, and a copy of the notice was filed with the county clerk of [county] County, Texas, each notice having been posted and filed for at least twenty-one days preceding the date of the foreclosure sale. [Include if applicable: Additional notices of the sale were published in [name of publication].] The sale was duly advertised. Additionally, written notice of the time, date, place, and terms of the foreclosure sale was served on behalf of the current Beneficiary by certified mail on each debtor who, according to the records of the current Beneficiary, is obligated to pay any of the Obligations. The certified-mail notices were timely sent by depositing the notices in the United States mail, postage prepaid in proper amount, and addressed to each debtor at the debtor’s last known address as shown by the records of the current Beneficiary at least twenty-one days preceding the date of the foreclosure.
In consideration of the premises and of the bid and payment [include if applicable: by way of credit against the Obligations] of the amount of $[amount], being the highest bid at the public foreclosure sale, [name of trustee], as [Trustee/Substitute Trustee], hereby grants, bargains, sells, and transfers to [name of buyer] the following described personal property (the “Personal Property”): [describe personal property], to have and to hold, all and singular, to [name of buyer] to use forever.
No warranty or representation exists as to the merchantability or fitness for use or a particular purpose of the Personal Property. [Trustee/Substitute Trustee] is selling the Personal Property described above on an “as is” and “where is” basis and disclaims any implied or express warranties [include if applicable: , other than warranties of title contained herein,] with respect to such Personal Property.
Dated [date].
[Trustee/Substitute Trustee]
State of Texas)
County of)
BEFORE ME, the undersigned authority, on this day personally appeared [name of affiant], as [Trustee/Substitute Trustee], known to me to be the person whose name is subscribed to the foregoing instrument, and who acknowledged to me that [he/she] executed the same for the purposes and consideration therein expressed and in the capacity therein stated.
SUBSCRIBED AND SWORN TO before me on __________________ by [name of affiant].
Notary Public, State of Texas