113 SHADY CREEK LN

CREEKSIDE EST, BLOCK H, LOT 7; PH 1, & HOUSE

NOTICE OF ASSESSMENT LIEN SALE STATE OF TEXAS § § COUNTY OF KAUFMAN § WHEREAS, on or about December 11, 2023, a Notice of Lien was filed in the Deed Records of Kaufman County, Texas, covering the real property herein described concerning default in the payment of the indebtedness owing by Ruby L. Walters, the present owner of said real property, to Terrell Creekside Estates Property Owners Association (the "Association"); and WHEREAS, the said Ruby L. Walters has continued to default in the payment of her indebtedness to the Association and the same is now wholly due, and the Association, acting by and through its duly authorized agent, intends to sell the herein described property to satisfy the present indebtedness of said owners to the Association; NOW, THEREFORE, notice is hereby given that on Tuesday, September 2, 2025, between 10 o’clock a.m. and 4 o’clock p.m., the Association will sell said real estate at the front steps of the Kaufman County Justice Center (Main Courthouse) 1902 E. US Highway 175, Kaufman, TX 75142, or as designated by the County Commissioners Court, Kaufman County, Texas, to the highest bidder for cash, subject to all superior liens and encumbrances of record. The earliest time at which said sale will begin will be 12:00 o'clock noon, and the sale will take place not later than three (3) hours after that time. Said real estate is described as follows: Lot 7, Block H, of Creekside Estates, Phase I, an addition to the City of Terrell, Kaufman County, Texas, according to the Plat thereof recorded in Cabinet 2, Envelope 530, Plat Records, Kaufman County, Texas (113 Shady Creek Lane) WITNESS my hand this {7”“Gay of uals, 2025 TERRELL CREEKSIDE ESTATES PROPERTY 24 . :





a OWNERS ASSOCIATION re © By: a Jason® Reed, Substitute Trustee bk] Riddle & Williams, P.C. os 3811 Turtle Creek Blvd, Suite 500 Dallas, Texas 75219 The within notice was posted by me on the ___ day of , 2025, at the Kaufman County Courthouse in Kaufman, Texas. 767-85593 Electronically Served Filed: 12/30/2024 8:43 94/2024 2:51 PM Rhonda Hughey, District Clerk Kaufman County, Texas Theresa Tristan CAUSE NO. 117709-422 IN RE: ORDER FOR FORECLOSURE § INTHE DISTRICT COURT OF CONCERNING § § 113 Shady Creek Lane § KAUFMAN COUNTY, TEXAS Terrell, TX 75160 § § UNDER TEX. R. CIV. PROC. 736 § § 422%? JUDICIAL DISTRICT AND RUBY L. WALTERS ORDER FOR FORECLOSURE On July 11, 2024, the Application for Foreclosure under Tex. R. Civ. Proc. 736 in the above-entitled cause of action was presented to the Court. Terrell Creekside Estates Property Owners Association (the “Association”), Petitioner herein, seeks an order pursuant to Tex. R. Civ. Proc. 736 to foreclose the Association’s assessment lien against 113 Shady Creek Lane, Terrell, Texas 75160, and further described as follows: Lot 7, Block H, of Creekside Estates, Phase 1, an addition to the City of Terrell, Kaufman County, Texas, according to the Plat thereof recorded in Cabinet 2, Envelope 530, Plat Records, Kaufman County, Texas (113 Shady Creek Lane) (hereinafter the “Property). The Court finds that the Association’s Application for Foreclosure complies with Rule 736.1 of the Tex. R. Civ. Proc. and was properly served in accordance with Rule 736.4 of the Tex. R. Civ. Proc. The Court further finds that Respondent has not previously filed a response, and the return of service has been on file with the clerk of the Court for at least 10 days before the date of this Order. The Court finds that the name and last known address of each respondent is as follows: Ruby L. Walters 113 Shady Creek Lane Terrell, Texas 75160 ORDER FOR FORECLOSURE UNDER TEX. R. CIV. PROC. 736 PAGE 1 Electronically Served 12/30/2024 2:51 PM Pursuant to Rule 736.7 of the Tex. R. Civ. Proc., all facts alleged in the Application for Foreclosure and supported by the affidavit of material facts constitute prima facie evidence of the truth of the matters alleged. The Court further finds as follows: 1. This proceeding is brought in the county in which all or part of the real property encumbered by the lien sought to be foreclosed is located. 2. The Association is governed by the Declaration of Covenants, Conditions and Restrictions for The Terrell Creekside Estates Development (the "Declaration"), as corrected and supplemented from time to time. 3. The Property is subject to and governed by the Declaration. 4. By virtue of Respondent’s acquisition of the Property, Respondent agreed to and became obligated by the Declaration to pay to the Association all assessments for the expense of administration, maintenance, upkeep and repair of the Community zs assessed in accordance with the Declaration, as more particularly shown in article 4 of the Declaration. 5. Article 4, Sections 4.01 and 4.10(b) of the Declaration creates an assessment lien against the Property to secure payment of assessments and other charges pursuant to Tex. R. Civ. Proc. 735.1(c) and Tex. Prop. Code 209.0092. 6. Article 4, Section 4.10(c) of the Declaration further provides that the Association may foreclose its assessment lien by appropriate judicial or non-judicial proceedings. 7. During the period of Respondent’s ownership, Respondent has been assessed maintenance fees in a non-discriminatory manner based on Respondent’s ownership of the Property. ORDER FOR FORECLOSURE UNDER TEX. R. CIV. PROC. 736 PAGE 2 Electronically Served 12/30/2024 2:51 PM 8. Article 4, Section 4.10(b) of the Declaration and Texas Property Code 5.006 provides for recovery of attorney's fees and expenses incurred in the collection of delinquent assessments. 9. As of June 10, 2024, Respondent was 30 months in default in her obligations to the Association for a total of Two Thousand and Eighty Dollars and Twenty Cents ($2,080.20). 10. Respondent has been notified of the amounts due and unpaid attributed to Respondent’s failure to pay the assessments and other charges by notice letter dated March 2, 2023. 11. A Notice of Lien was filed on or about December 11, 2023, at Instrument No, 2023-002334659 in the office of the County Clerk of KAUFMAN, Texas, and Respondent was notified of same by letter dated December 8, 2023. 12. The Association afforded Respondent thirty (30) days to cure the default pursuant to the December 8, 2023, letter, and such opportunity to cure the default has expired. 13. Prior to filing this Application, the Association performed all actions required under applicable law and the terms of the Declaration required prior to foreclosing the Association’s assessment lien against the Property. THE COURT THEREFORE GRANTS the Association’s Application for Foreclosure under Tex. R. Civ. Proc. 736. IT IS THEREFORE ORDERED that the Association may proceed with a foreclosure of its assessment lien on the Property under the terms of the Association’s Declaration and Texas Property Code Section 51.002; and ORDER FOR FORECLOSURE UNDER TEX. R. CIV. PROC. 736 PAGE 3 Electronically Served 12/30/2024 2:51 PM IT IS FURTHER ORDERED that the Association shall send Respondent a copy of this Order with the notice of foreclosure sale sent to Respondent; and IT IS FURTHER ORDERED that the Association may communicate with Respondent and all third parties as may be reasonably necessary to conduct the foreclosure sale of the Property. 12/30/2024 SIGNED ON
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INI JU Q ORDER FOR FORECLOSURE UNDER TEX. R. CIV, PROC. 736 PAGE 4 Electronically Served 12/30/2024 2:51 PM Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Michele Cole on behalf of Jason Reed Bar No. 24043887 [email protected] Envelope ID: 95701150 Filing Code Description: Proposed Order Filing Description: Order for Foreclosure Status as of 12/30/2024 2:26 PM CST Associated Case Party: RubyL.Walters [JasonReed/ [email protected] | 12/30/2024 8:42:21 AM | SENT