Complaint,Petition: O FORECLOSURE et al vs. ARTURO BUENO et al

On February 14, 2024 a Complaint,Petition was filed involving a dispute between O Foreclosure, The Bank Of New York Mellon, and Bueno, Arturo, Bueno, Beatriz T., Occupant Of The Property, for FORECLOSURE in the District Court of Dallas County.

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FILED
2/14/2024 2:43 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Christi Underwood DEPUTY

DC-24-02495
CAUSE NO.

IN RE: ORDER FOR FORECLOSURE § IN THE DISTRICT COURT OF
CONCERNING 2142 MAIL AVE, DALLAS, §
TX 75235 §
UNDER TEX. R. CIV. PROC. 736 §
§
PETITIONER: §
§
THE BANK OF NEW YORK MELLON, §
F/K/A THE BANK OF NEW YORK AS § DALLAS COUNTY, TEXAS
TRUSTEE FOR REGISTERED HOLDERS §
OF CWABS, INC., ASSET-BACKED §
CERTIFICATES, SERIES 2006-3 §
§ 68th
RESPONDENT(S): §
§
ARTURO BUENO AND BEATRIZ T. §
BUENO § JUDICIAL DISTRICT

APPLICATION FOR AN EXPEDITED ORDER UNDER RULE 736 ON A
HOME EQUITY LOAN

1. Petitioner is THE BANK OF NEW YORK MELLON, F/K/A THE BANK OF NEW YORK AS

TRUSTEE FOR REGISTERED HOLDERS OF CWABS, INC., ASSET-BACKED

CERTIFICATES, SERIES 2006-3, whose last known address is do Carrington Mortgage Services,

LLC, 1600 South Douglass Road, Suite 200-A, Anaheim, CA 92806.

2. Respondent(s) is(are) ARTURO BUENO AND BEATRIZ T. BUENO, whose last known

address(es) is(are):

ARTURO BUENO BEATRIZ T. BUENO
2142 MAIL AVE 2142 MAIL AVE
DALLAS, TX 75235 DALLAS, TX 75235

3. The property encumbered by the loan agreement, contract, or lien sought to be foreclosed

("Property") is commonly known as 2142 MAIL AVE, DALLAS, TX 75235 with the following

legal description:

BEING ALL OF LOT 5 AND THE NORTHEAST 1/2 OF LOT 4, BLOCK "C", J.T.
HOOD'S ADDITION, AN ADDITION TO THE CITY OF DALLAS, DALLAS COUNTY,
TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 6,
PAGE 184, OF THE MAP RECORDS OF DALLAS COUNTY, TEXAS.

23TX267-0071
(
4. Petitioner alleges:

A. The type of lien sought to be foreclosed is a home equity lien securing a debt created under

Texas Constitution Article XVI Section 50(a)(6). The lien is indexed at Instrument Number

200600004615 and recorded in the real property records of DALLAS County, Texas.

Correction Instrument recorded on March 15, 2023 as Instrument Number 202300050139. f

B. Petitioner has authority to seek foreclosure of the lien because it is a mortgagee of the security

instrument. See TEX. PROPERTY CODE § 51.0001(4).

C. The name of each Respondent obligated to pay the underlying debt or obligation evidenced by

the loan agreement, contract, or lien encumbering the property sought to be foreclosed is:

ARTURO BUENO AND BEATRIZ T. BUENO.

D. The name of each Respondent who is a mortgagor of the lien instrument sought to be

foreclosed, but who is not a maker or assumer of the underlying debt, is: N/A.

E. As of 01/31/2024:
l'
i. 4 monthly payments have not been paid. The amount required to cure the default is

$3,883.87. According to Petitioner's records, all lawful offsets, payments, and credits have

been applied to the account in default.

ii. The total amount to pay off the loan agreement, contract, or lien is $68,221.62.
(
F. Notice to cure the default has been sent by certified mail to each Respondent who is obligated

to pay the underlying debt or obligation. The opportunity to cure has expired.

G. Before this application was filed, any other action required to initiate a foreclosure proceeding

by Texas law or the loan agreement, contract, or lien sought to be foreclosed was performed.

5. Legal action is not being sought against the occupant of the property unless the occupant is l'

named as a Respondent in this application.

6. If Petitioner obtains a court order, Petitioner will proceed with foreclosure of the property in

accordance with applicable law and the terms of the loan agreement, contract, or lien sought

to be foreclosed.
23TX267-0071
7. The following documents are attached to this application:

A. An affidavit or declaration of material facts describing the basis for foreclosure.

B. The note and security instrument establishing the lien.

C. The current assignment(s) of the lien recorded in the real property records of the county where

the property is located.

D. A copy of each default notice required to be mailed to any Respondent under Texas law and

the loan agreement, contract, or lien sought to be foreclosed, and the USPS Tracking report

demonstrating that a notice was sent by certified mail before this application was filed.

8. Assert and protect your rights as a member of the armed forces of the United States. If you

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 a

reserve component of the armed forces of the United States, please send written notice of the

active duty military service to Petitioner or Petitioner's attorney immediately.

9. Prayerfor Relief Petitioner seeks an expedited order under Rule 736 so that it may proceed with

foreclosure in accordance with applicable law and terms of the loan agreement, contract, or lien
1
sought to be foreclosed.

Respectfully submitted,

ustin C. George
Texas Bar No. 24065287
dgeorge@mgs-legal.com
Jonathan Andring
Texas Bar No. 24094512
jandring®mgs-legal.com
MILLER, GEORGE & SUGGS, PLLC
6080 Tennyson Parkway, Suite 100
Plano, TX 75024
Phone: 972-532-0128
Fax: 214-291-5507

Attorneysfor Petitioner

23TX267-0071
CAUSE NO.

IN RE: ORDER FOR FORECLOSURE § IN THE DISTRICT COURT OF
CONCERNING 2142 MAIL AVE, DALLAS, §
TX 75235 §
UNDER TEX. R. CIV. PROC. 736 §
§
PETITIONER: §
§
THE BANK OF NEW YORK MELLON, § DALLAS COUNTY, TEXAS
F/K/A THE BANK OF NEW YORK AS §
TRUSTEE FOR REGISTERED HOLDERS §
OF CWABS, INC., ASSET-BACKED §
CERTIFICATES, SERIES 2006-3 §
§
RESPONDENT(S): §
§
ARTURO BUENO AND BEATRIZ T. §
BUENO § JUDICIAL DISTRICT

AFFIDAVIT IN SUPPORT OF PETITIONER'S APPLICATION
FOR AN EXPEDITED ORDER UNDER RULE 736

STATE OF CrALVorr‘‘a §
§
COUNTY OF 0 ratios §
Monet Barajas
Before me, the undersigned notary, on this day personally appeared

and stated under oath:
Monet Barajas
1. My name is . I am an adult and of sound mind.

2. I am a(n) Default Supervisor of Carrington Mortgage Services, LLC, whose

address is 1600 South Douglass Road, Suite 200-A, Anaheim, CA 92806. My affidavit concerns

the account of ARTURO BUENO AND BEATRIZ T. BUENO ("Obligor"). My employer,

Carrington Mortgage Services, LLC, is the mortgage servicer for Petitioner and I am authorized to

make this affidavit on behalf of Petitioner.

3. I have read and understand the purpose of the application to which my affidavit is attached and

adopt by reference the statements made in it. I am the authorized agent or representative of

Petitioner with respect to Obligor's account, and in that capacity, I am authorized to make this

affidavit on Petitioner's behalf. My testimony is based on my experience, my knowledge of the

23TX267-0071
usual business practices of Carrington Mortgage Services, LLC and the servicing industry in

general, my job responsibilities, and the servicing records for Obligor's account.

4. Through my job responsibilities, I have access to and have reviewed the servicing records and data

for Obligor's account, including electronic and computer generated records and data compilations.

The records attached to the application are the original records or exact duplicates of the original

records kept in the servicing file for Obligor's account.

5. Based on the regular practices of Carrington Mortgage Services, LLC and the servicing industry in

general, these records:

a. were made at or near the time of each act, event, or condition set forth in the records;

b. were made by, or from information transmitted by, a person engaged in the servicing of

Obligor's account who had actual knowledge of the acts, events, or conditions recorded; and

c. are the kind of records that are kept in the regular course of servicing loan agreements.

6. It is the regular practice of businesses engaged in the servicing of loan agreements or other contracts

requiring the collection of money to keep accurate records on debits and credits to an account, an

account's balance, the collateral securing the right to the lienholder's right to repayment, and efforts

to enforce the underlying debt if the Obligor has defaulted. These records are relied upon for

accuracy by all persons engaged in the servicing and enforcement of a loan agreement. There is no

indication that the servicing records for Obligor's account are untrustworthy.

7. Based upon the servicing records for Obligor's account, Obligor failed to pay the monthly payment

due 10/01/2023 and all subsequent monthly payments. After applying all lawful offsets, payments,

and credits to the account as of 01/31/2024, the amount required to cure the default is $3,883.87

and the total amount required to pay off the loan agreement, contract, or lien is $68,221.62. Obligor

was given notice of default by certified mail as shown by the USPS tracking report.

8. I sign this affidavit based on the personal knowledge that I have obtained by reviewing the servicing

records for Obligor's account. The statements made in the application and my affidavit are true and

correct as of the date stated.
23TX267-007I
Signed this tp day of Ce--NPA(00,"1 , 201-4.
Monet Barajas
Default Supervisor
Printed Name / Title — THE BANK OF NEW YORK
MELLON, F/KJA THE BANK OF NEW YORK AS
TRUSTEE FOR REGISTERED HOLDERS OF
CWABS, INC., ASSET-BACKED CERTIFICATES,
SERIES 2006-3 by Carrington Mortgage Services, LLC,
as Servicer and Attorney in Fact for the Petitioner

Signature

A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document

State of California
County of Orange
On FEB 0 6 2024 before me, Rebecca Payetta , NOTARY PUBLIC, per-
sonally appeared, Monet Barajas , who proved to me on the basis of satisfac-
tory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me
that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on
the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of CALIFORNIA that the foregoing paragraph
is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
cow. #2336457 z
Notary Public • California
Orange County
Comm. E Oct. 27 2024

231X267-0071
LOAN #:

THIS IS AN EXTENSION OF CREDIT AS DEFINED BY sEcrioN, SO(a)(6),
ARTICLE XVI OF THE TEXAS CONSTITUTION

TEXAS HOME EQUITY ADJUSTABLE RATE NOTE
(LIBOR Index - Rate Caps)
THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY
PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND
THE MAXIMUM RATE I MUST PAY.

DECEMBER 27, 2005 DALLAS TEXAS
(Date) [City) [State]

2142 MAIL AVE, DALLAS, TX 75235-3511
[Property Address]

1. BORROWER'S PROMISE TO PAY
This is an extension of credit as defined by Section 50(a)(6), Article XVI of the Texas Constitution (the "Extension of
Credit"). In return for the Extension of Credit that I have received evidenced by this Note, I promise to pay U.S.
$ 80, 000 . 00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is
COUNTRYWIDE HOME LOANS, INC.
I will make all payments under this Note in the form of cash, check or money order.
I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is
entitled to receive payments under this Note is called the "Note Holder."
I understand that this is not an open-end account that may be debited from time to time or under which credit may be
extended from time to time.
The property described above by the Property Address is subject to the lien of the security instrument executed
concurrently herewith (the "Security Instrument").

2. INTEREST
Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly
rate of 9 .375 %. The interest rate I will pay may change in accordance with Section 4 of this Note. It is agreed that the
total of all interest and other charges that constitute interest under applicable law shall not exceed the maximum amount of
interest permitted by applicable law. Nothing in this Note or the Security Instrument shall entitle the Note Holder upon any
contingency or event whatsoever, including by reason of acceleration of the maturity or Prepayment of the Extension of Credit,
to receive or collect interest or other charges that constitute interest in excess of the highest rate allowed by applicable law on
the Principal or on a monetary obligation incurred to protect the property described above authorized by the Security Instrument,
and in no event shall I be obligated to pay interest in excess of such rate.
The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default
described in Section 7(B) of this Note.

3. PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by making a payment every month.
I will make my monthly payment on the FIRST day of each month beginning on
FEBRUARY 01, 20 0 6 . I will make these payments every month until I have paid all of the principal and interest and
any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled
due date and will be applied to interest before principal. If, on JANUARY 01, 2036 , I still owe amounts under this
Note, I will pay those amounts in full on that date, which is called the "Maturity Date."
I will make my monthly payments at
P.O. Box 660694, Dallas, TX 75266-0694
or at a different place if required by the Note Holder.
(B) Amount of My Initial Monthly Payments
Each of my initial monthly payments will be in the amount of U.S. $ 665 . 4 0 . This amount may change.
(C) Monthly Payments Changes
Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must
pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with
Section 4 of this Note.

ORIG itiv4 L

• AU - Texas Home Eqully Note (Adjustable First Uen)
2D517-TX (11/03)(d) Page 1 of 4
LOAN It:
4. INTEREST RATE AND MONTHLY PAYMENT CHANGES
(A) Change Dates
The interest rate I will pay may change on the first day of JANUARY, 2009 , and on that day every sixth month
thereafter. Each date on which my interest rate could change is called a "Change Date."
(B) The Index
Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the average of interbank
offered rates for six-month U.S. dollar-denominated deposits in the London market ("LIBOR"), as published in The Wall Street
Journal. The most recent Index figure available as of the date 45 days before the Change Date is called the "Current Index."
If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information.
The Note Holder will give me notice of this choice.
(C) Calculation of Changes
Before each Change Date, the Note Holder will calculate my new interest rate by adding
SIX & ONE-QUARTER percentage point(s)( 6.250 %) to the Current Index. The Note Holder will then round
the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section
4(D) below, this rounded amount will be my new interest rate until the next Change Date.
The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid
principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal
payments. The result of this calculation will be the new amount of my monthly payment.
(D) Limits on Interest Rate Changes
The interest rate I am required to pay at the first Change Date will not be greater than 10 . 875 % or less than
9. 375 %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than
ONE & ONE -HALF percentage point(s) ( 1 . 500 %) from the rate of interest I have been paying for the
preceding six months. My interest rate will never be greater than 1.6 . 375 % or less than 9 . 375 %
(E) Effective Date of Changes
My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment
beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again.
(F) Notice of Changes
The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly
payment before the effective date of any change. The notice will include information required by law to be given me and also
the title and telephone number of a person who will answer any question I may have regarding the notice.

5. BORROWER'S RIGHT TO PREPAY
I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a
"Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a
payment as a Prepayment if I have not made all the monthly payments due under the Note.
I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my
Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment
to the accured and upaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of
the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment
unless the Note Holder agrees in writing to those changes. Should the Note Holder agree in writing to such changes, my
payments thereafter will be payable in substantially equal successive monthly installments.

6. LOAN CHARGES
All agreements between Note Holder and me are expressly limited so that any interest, loan charges, or fees (other than
interest) collected or to be collected from me, any owner or the spouse of any owner of the property described above in
connection with the origination, evaluation, maintenance, recording, insuring or servicing of the Extension of Credit shall not
exceed, in the aggregate, the highest amount allowed by applicable taw.
If a law, which applies to this Extension of Credit and which sets maximum loan charges, is finally interpreted so that the
interest or other loan charges collected or to be collected in connection with this Extension of Credit exceed the permitted limits,
then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit: and (b) any
sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder will make this refund
by making a payment to me. The Note Holder's payment of any such refund will extinguish right of action I might have
arising out of such overcharge.
It is the express intention of the Note Holder and me to structure this Extension of Credit to conform to the provisions of
the Texas Constitution applicable to extensions of credit as defined by Section 50(a)(6), Article XVI of the Texas Constitution.
If, from any circumstance whatsoever, any promise, payment, obligation or provision of this Note, the Security Instrument or
any other loan document involving this Extension of Credit transcends the limit of validity prescribed by applicable law, then
such promise, payment, obligation or provision shall be reduced to the limit of such validity or eliminated as a requirement, if
necessary for compliance with such law, and such document may be reformed by written notice from the Note Holder without
the necessity of the execution of any new amendment or new document by me.
The provisions of this Section 6 shall supersede any inconsistent provision of this Note or the Security Instrument.

7. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of fifteen (15) calendar days after
the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5. 0 0 0 % of my overdue
payment of principal and interest. I will pay this late charge promptly but only once on each late payment.

OR/0, 4w
• AEI - Texas Home Equity Note (Adjustable First Lien)
Initials: 143....-ISC5
21)517-TX (11/03) Pogo 2 of 4
LOAN #:
(B) Default
If I do not pay the full amount of each monthly payment on the date it is due, I will be in default.
(C) Notice of Default
If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a
certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all
the interest that I owe on that amount That date must be at least 30 days after the date on which the notice is mailed to me or
delivered by other means. This Note may not be accelerated because of a decrease in the market value of the property described
above or because of the property owner's default under any indebtedness not evidenced by this Note or the Security Instrument.
(D) No Waiver By Note Holder
Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above,
the Note Holder will still have the right to do so if I am in default at a later time.
(E) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be
paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law including
Section 50(3)(6), Article XVI of the Texas Constitution. Those expenses include, for example, reasonable attorneys' fees. I
understand that these expenses are not contemplated to be incurred in connection with maintaining or servicing this Extension of
Credit.

8. GIVING OF NOTICES
'Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by
delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note
Holder a notice of my different address.
Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first
class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that
different address. However, if the purpose of the notice is to notify Note Holder of failure by the Note Holder to comply with
Note Holder's obligations under this Extension of Credit, or noncompliance with any provisions of the Texas Constitution
applicable to extensions of credit as defined by Section 50(a)(6), Article XVI of the Texas Constitution, then notice by certified
mail is required.

9. OBLIGATIONS OF PERSONS UNDER THIS NOTE
Subject to the limitation of personal liability described below, each person who signs this Note is responsible for ensuring
that all of my promises and obligations in this Note are performed, including the payment of the full amount owed. Any person
who takes over these obligations is also so responsible.
I understand that Section 50(a)(6)(C), Article XVI of the Texas Constitution provides that this Note is given without
personal liability against each owner of the property described above and against the spouse of each owner unless the owner or
spouse obtained this Extension of Credit by actual fraud. This means that, absent such actual fraud, the Note Holder can enforce
its rights under this Note solely against the property described above and not personally against any owner of such property or
the spouse of an owner.
If this Extension of Credit is obtained by such actual fraud, I will be personally liable for the payment of any amounts due
under this Note. This means that a personal judgment could be obtained against me if I fail to perform my responsibilities under
this Note, including a judgment for any deficiency that results from Note Holder's sale of the property described above for an
amount less than is owing under this Note.
If not prohibited by Section 50(a)(6)(C), Article XVI of the Texas Constitution, this Section 9 shall not impair in any way
the right of the Note Holder to collect all sums due under this Note or prejudice the right of the Note Holder as to any promises
or conditions of this Note.

10. WAIVERS
I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor.
"Presentment" means the right to require the Note Bolder to demand payment of amounts due. "Notice of Dishonor"
means the right to require the Note Holder to give notice to other persons that amounts due have not been paid.

11. SECURED NOTE
In addition to the protections given to the Note Holder under this Note, the Security Instrument, dated the same date as this
Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note.
The Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all
amounts I owe under this Note. Some of those conditions are described as follows:
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a
natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent,
Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option
shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a
period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower
must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of
this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand
on Borrower.

• AS - Texas Home Equity Note (Acilustable First Lien)
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20517-TX (11/03) Page 3 of 4
LOAN #:
12. APPLICABLE LAW
This Note shall be governed by the laws of Texas and any applicable federal law. In the event of any conflict between the
Texas Constitution and other applicable law, it is the intent that the provisions of the Texas Constitution shall be applied to
resolve the conflict. In the event of a conflict between. any provision of this Note and applicable law, the applicable law shall
control to the extent of such conflict and the conflicting provisions contained in this Note shall be modified to the extent
necessary to comply with applicable law. All other provisions in this Note will remain fully effective and enforceable.

WITNESS THE HAND(S) OF THE UNDERSIGNED.

MO NOT SIGN IF THERE ARE BLANKS LEFT TO BE COMPLETED IN THIS DOCUMENT. THIS
DOCUMENT MUST BE EXECUTED AT THE OFFICE OF THE LENDER, AN ATTORNEY AT LAW OR
A TITLE COMPANY. YOU MUST RECEIVE A COPY OF THIS DOCUMENT AFTER YOU HAVE
SIGNED 1T.)

""" (Seal)
ARTURO BUENO -Borrower

"" (Seal)
BEATRIZ T. BU 0 -Borrower

(Seal)
-Borrower

t:)
Iv*. 0 04

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77w.S31'

sosev'

CIRIGIN4L
• AG - Texas Home Equity Note (Adjustable First Uen)
20517-TX (11/03) Page 4 of 4
RETURN TO:
SOUTHERN AMERICAN TITLE
100
1455 W. LOOP SOUTH, STE
HOUSTON, TEXAS 77027
SOUTHERN AMERICAN TITLE

200 615
1112211111211011111to PGS
After Recur ing turn To:
CDUNTRYW E HOME LOANS, INC.
MS SV-79 CUMENT PROCESSING
P.O.Box 1 23
Van Nuy 91410-0423

!Spare Above This Line For Recording Rand

(Esccow/elosing [Doc ID .1

THIS SECURITY INSTRUMENT SECURES AN EXTENSION OF CREDIT AS DEFINED BY
SECTION 50(a)(6), ARTICLE XVI OF THE TEXAS CONSTITUTION.

TEXAS HOME EQUITY SECURITY INSTRUMENT
(First Lien)
MIN

This Security Instrument is not intended to finance Borrower's acquisition of the Property.

DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in Sections 3,
10. 12, 17, 19, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in
Se.:tion 15.
(Al "Security Instrument" means this document, which is dated DECEMBER 27, 2005 , together
wi.h all Riders to this document.
(B I "Borrower" is
AFTURO BUENO, AND BEATRIZ T BUENO

Bcfniweris the grantor under this Security Instrument.
(CI "Lender" is
CCUNTRYWIDE HOME LOANS, INC.
Lender is a CORPORATION
organized and existing under the laws of NEW YORK . Lender's address is
4:00 Park Granada, Calabasas, CA 91302-1613
Lender includes any holder of the Note who is entitled to receive payments under the Note.
(D) "Trustee" is
CTC REALESTATE SERVICING
Trustee's address is
4C0 COUNTRYWIDE WAY, MSNSV 38, SIMI VALLEY, CA 9365

TE XAS HOME EQUITY SECURITY INSTRUMENT (Find Uon)-Fsenle Moe/Freddie Mee UNIFORM INSTRUMENT WITH
NIERS
Page 0113 Initials: t15
4:14046(TX) (0506: CHL (08/050) VMP Mortgage SovtIona. Inc (800)521-M1 Form 3044.1 1/01
(rev. 10/03)
DOC ID #:
(E) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting
sot:1y as a nominee for Lender and Lender's successors and assigns. MERS is the beneficiary under this Security
Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone
number of P.O. Box 2026, Flint, MI 48501- 2026, tel. (888) 679-MERS.
(F) "Note" means the promissory note signed by Borrower and dated DECEMBER 27, 2005 . The Note
stales that Borrower owes Lender
E THOUSAND and 00/100

Do tars (U.S. 3 80, 000 .00 ) plus interest. Borrower has promised to pay this debt in regular
Periodic Payments and to pay the debt in full not later than JANUARY 01, 2036
(G) "Property" means the property that is described below under the heading "Transfer of Rights in the Property."
(H) "Extension of Credit" means the debt evidenced by the Note, as defined by Section 50(a)(6), Article XVI of
the Texas Constitution and all the documents executed in connection with the debt.
(I) "Riders" means all riders to this Security Instrument that are executed by Borrower. The following riders are to
be executed by Borrower [check box as applicable]:

CI Other:
E Texas Home Equity Condominium Rider
Texas Home Equity Planned Unit Development Rider ARM

(J) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and
administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial
opinions.
(K; "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges
that are imposed on Borrower or the Property by a condominium association, homeowners association or similar
organization.
(L) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft.,
or similar paper instrument, which is initiated through an electronic terminal. telephonic instrument, computer, or
magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term
includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by
telt phone, wire transfers, and automated clearinghouse transfers.
(MI "Escrow Items" means those items that are described in Section 3.
(N "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any
thud party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or
destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in
lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property.
(0 "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note,
plus (ii) any amounts under Section 3 of this Security Instrument.
(P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its
implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any
additional or successor legislation or regulation that governs the same subject matter. As used in this Security
Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related
mortgage loan" even if the Extension of Credit does not qualify as a "federally related mortgage loan" under
RESPA.
(Q. "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that
party has assumed Borrower's obligations under the Note and/or this Security Instrument.

TRANSFER OF RIGHTS IN THE PROPERTY
The beneficiary of this Security Instrument is MERS (solely as nominee for Lender and Lender's successors and
assigns) and the successors and assigns of HERS. This Security Instrument secures to Lender: (i) the repayment of
the Extension of Credit, and all extensions and modifications of the Note; and (ii) the performance of Borrower's
cm enants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably

In.tials
qgli-soascrx) (osoe, CHL (08/05) Page2 0(13 Form 3044.1 1/01 (rev.10/03)
DOC ID 4:
grants and conveys to Trustee, in trust, with power of sale, the following described Property located in the
COJNTY of DALLAS
(Type of Recording Jurisdiction) (Name of Recording Jurisdiction)
LOT 5, BLOCK AND THE NORTHEAST 1/2 OF LOT 4, BLOCK C/2365, T.J. HOODS
ADDITION, AN ADDITION TO THE CITY OF DALLAS, DALLAS COUNTY, TEXAS, ACCORDING
TO THE MAP OR PLAT THEREOF; RECORDED IN VOLUME 6, PAGE 184, OF THE MAP RECORDS
OF DALLAS COUNTY, TEXAS.

Parcel ID Number. 00000214087000000 which currently has the address of
2142 MAIL AVE, DALLAS
[Street/City)
Te;.as 75235-3511 ("Property Address"):
[Lip Code)

TOGETHER WITH all the improvements now or hereafter erected on the Property, and all easements,
appurtenances, and fixtures now or hereafter a part of the Property. All replacements and additions stud! also be
covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property";
prcvided however, that the Property is limited to homestead property in accordance with Section 50(a)(6)(H),
Article XVI of the Texas Constitution. Borrower understands and agrees that MERS holds only legal title to the
interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS
(as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of these interests,
including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender
including, but not limited to, releasing and canceling this Security Instrument.
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right
to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record.
Bo rower warrants and will defend generally the title to the Property against all claims and demands, subject to any
encumbrances of record.

Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, and Late Charges. Borrower shall pay when due the
principal of, and interest on, the debt evidenced by the Note and any late charges due under the Note. Borrower
shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security
Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as
payment under the Note or this Security Instrument is rammed to Lender unpaid, Lender may require that any or all
sutsequent payments due under the Note and this Security Instrument be made in one or more of the following
forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or
cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal
agency, instrumentality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at such other
location as may be designated by Lender in accordance with the notice provisions in Section 14. Lender may return
any payment or partial payment if the payment or partial payments are insufficient to bring the Extension of Credit
current. Lender may accept any payment or partial payment insufficient to bring the Extension of Credit current,
without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payment in the
future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Penodic
Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may
hold such unapplied funds until Borrower makes payment to bring the Extension of Credit cwrent. If Borrower does
not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not
applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to
forxIosure. No offset or claim which Borrower might have now or in. the future agains' Lender shall relieve
Borrower from making payments due under the Note and this Security Instrument or perfomiing the covenants and
agreements secured by this Security Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments
accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note;
(b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Penodic
Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second
to .my other amounts due under this Security Instrument, and then to reduce the principal balance of the Note.

Ma's .

Cri, -8046(TX) (0500) CHL (08/05) Page 3 of 13 Form 3044.1 1101 (rev. 10/03)
DOC ID 4:
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient
amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If
more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the
repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that
any excess exists after the payment is applied to the full payment

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HOFFMAN, MARTIN Track Judge’s New Case

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Document Filed Date

February 14, 2024

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Complaint,Petition: O FORECLOSURE et al vs. ARTURO BUENO et al

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