Cindy Land Sale — Amortization Schedule
12.155 acres at TBD Shiloh Rd, Cedar Creek TX. $480K sale, $430K note, 7%/6% interest, 10-year term. Closing: April 1, 2018. Maturity: ~April 2028. From actual TREC Farm & Ranch Contract.
$480,000Sale Price
$430,000Original Note
96Payments Made
24Remaining
$0Balance at Maturity
$0Balloon Due ~Apr 2028
$137,542Total Interest (10yr)
$480,000Total Principal Paid
⚠ POTENTIAL UNDERPAYMENT: Contract says "monthly not lower than $4,200." Cindy currently pays ~$3,950/month ($250/month below minimum). Over the post-year-2 period, this could represent significant underpayment. Paul should verify whether the payment amount was formally renegotiated or if Cindy is in technical default.
⚠ Cindy was her own buyer's agent (JB Goodwin Realtors #634928). She negotiated both sides of this deal. Paul describes it as a "massive boondoggle." She also cheated Paul out of 0.7 acres that were supposed to be held back.
Contract Parties
SellersPaul Walhus + Dorothy Epp
BuyersCindy Nan Donley + Thomas David Pope
Cindy's emailcindyirisdonley@gmail.com
Cindy's phone(512) 627-4747
Listing brokerTommy Hazleton, High Def Realty
Commission6% ($15K to listing broker)
Financing Structure
Cash at closing$50,000
Seller financing$430,000
Year 1-2 rate7%
Year 3-10 rate6%
$50K lump sumDue at year 2 (Apr 2020)
Balloon at maturity$0
Maturity date~April 2028
The 70x70-Foot Parcel Dispute — Complete Timeline
How the error happened: When Paul and Dorothy sold the 12 acres, they commissioned a new survey (March 2018, by James Garon) that specifically carved out a 70x70-foot parcel the sellers intended to keep. However, the seller's attorney (Andrea Bleau) and the title company (Austin Title) erroneously filed the deed using an old 2011 Olson survey that didn't reflect the holdback. This legally conveyed the 70x70 parcel to Cindy by mistake.
What was on the 70x70 parcel: Paul's 3,000-gallon water tank, underground water lines, underground electrical lines, underground networking lines, and the ONLY available land for an additional septic spray head required by Bastrop County regulations.
Timeline of escalation
| When | What happened | Financial impact |
|---|
| April 2018 | Closing. Wrong survey (2011 Olson) attached to deed instead of correct 2018 Garon survey. | 70x70 parcel legally transferred to Cindy by mistake |
| 2018-2019 | Cindy builds a fence physically absorbing the 70x70 parcel onto her side of the property line. | Paul loses physical access to his water tank + utility lines |
| ~2019 | Cindy gives Paul a 5-DAY ULTIMATUM to completely reroute his water line. | — |
| 5 days later | Cindy CUTS OFF Paul's water supply. | Emergency — tenants have no water |
| Next 6 days | Paul works through the night buying new water tank, lines, fittings, renting a trencher. Builds makeshift water system in 6 days. | ~$20,000 emergency infrastructure cost |
| Ongoing | Cindy threatens to report Paul to Bastrop County for too many tenants on current septic system. Without the 70x70 parcel, Paul can't add the required spray head. | Potential loss of 4 RV/trailer rentals = ~$240,000 over 10 years |
| At closing | Paul gave Cindy $5,000 specifically for a septic system. | Cindy never installed it. $5,000 gone. |
| Jan 2020 | Failed mediation (attorney Bruce Clark). Results: fees raised from $600/yr to $1,900+/yr, Cindy got 1/3 of disputed land, Cindy got right to monitor Paul's units (Paul got no reciprocal right), Cindy demanded "reverter clause" (non-starter). | $1,300/yr increase in ongoing fees |
| After mediation | Paul released attorney Andrea Bleau from liability. | $5,000 settlement |
| After mediation | Bruce Clark passed Paul to attorney Joe Tuck. | $772.94 — achieved nothing |
| Ongoing | Cindy violated the cargo container lease by cutting off internet and blocking access with a pile of mulch, trash, and her own container. | Lease violation — "all bills paid" terms breached |
Cargo Container Lease (also violated)
| Term | What the contract says | What actually happened |
|---|
| Rent | $50/month "all bills paid" (water, electric, WiFi) | Cindy cut off internet service |
| Access | Seller retains access to container + adjacent land | Cindy blocked access with mulch pile, trash, and her own container |
| Duration | Until seller removes container or buyer purchases it | Access physically blocked, preventing removal |
| Replacement | Seller agreed to deliver a 40ft+ double-door container for Cindy within 30 days | Unknown if fulfilled |
Total documented financial damages
| Item | Amount | Status |
|---|
| Emergency infrastructure relocation (water tank, lines, trencher, 6-day rush job) | $20,000 | Paid — not recovered |
| $5,000 given to Cindy for septic system never installed | $5,000 | Never installed — money gone |
| Attorney Andrea Bleau release settlement | $5,000 | Paid |
| Attorney Joe Tuck (no results) | $773 | Paid — nothing achieved |
| Increased road/water fees ($1,300/yr above original $600/yr × ~8 remaining years) | ~$10,400 | Ongoing liability |
| Value of the 70x70 parcel at contract per-acre rate | ~$27,600 | Lost — now on Cindy's side of fence |
| Direct documented damages | ~$68,773 | |
| Potential lost rental income (4 units × 10 years, if septic forces shutdown) | ~$240,000 | Potential — depends on septic enforcement |
| Total documented + potential damages | ~$308,773 | |
Context for the balloon payment negotiation: Paul is owed a $50,000+ balloon payment from someone who has caused ~$69K in direct damages and potentially $240K in lost income. A Texas real estate attorney could advise whether the documented damages can be used to offset, reduce, or restructure the balloon — or to pursue a separate claim against Cindy and Thomas Pope. The original attorney error (wrong survey) may also give rise to a malpractice claim against Andrea Bleau and/or Austin Title.
Full 10-Year Payment Schedule
✅ = paid · 📍 = current month · ⬜ = future. Green rows = paid. Yellow row = balloon month.
Strategic Actions
The $50,000 balloon (April 2028) is your single largest future income event. Protect it. Start the conversation with Cindy NOW about how she plans to pay it — cash, refinance, or extension. Don't wait until 2028.
The 0.7-acre dispute is leverage. At the contract price of ~$39,489/acre, 0.7 acres = ~$27,642. A Texas real estate attorney consultation ($200-400) could determine whether this claim can offset the balloon, recover the land, or strengthen your negotiating position.
Verify the $250/month underpayment. If the contract says $4,200 minimum and Cindy pays $3,950, that's $250 × 72 = $18,000 in cumulative underpayment since year 3. This is either (a) a formal renegotiation you forgot about, or (b) Cindy quietly lowering her payment. Find out which.