146 BRUSHY CREEK LN

CREEKSIDE EST, BLOCK J, LOT 16; PH 1, & HOUSE

< 2 A =


Ly to ILED FOR Rt KAUEMAN co. 767-69511 NOTICE OF ASSESSMENT LIEN SALE STATE OF TEXAS § COUNTY OF KAUFMAN : WHEREAS, on or about March 19, 2024, 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 Lyn Foster, the present owner of said real property, to Terrell Creekside Estates Property Owners Association (the "Association"); and WHEREAS, the said Lyn Foster 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 16, Block J, Creekside Estates Phase 1, an Addition to the City of Terrell, Kaufman County, Texas, according to the map/plat recorded in Cabinet 2, Envelope 530, Map/Plat Records, Kaufman County, Texas (146 Brushy Creek Lane) WITNESS my hand this //** day of August. 2025
Riddle & Williams, P.C. 3811 Turtle Creek Blvd, Suite 500 Dallas, Texas 75219 = ~ jens TERRELL CREEKSIDE ESTATES PROPERTY x OWNERS ASSOCIATION a N By: S wD Jas . Reed, Substitute Trustee = a The within notice was posted by me on the ___ day of , 2025, at the Kaufman County Courthouse in Kaufman, Texas. Filed: 1/28/2025 11:34 AM Rhonda Hughey, District Clerk Kaufman County, Texas Sherry Keathley CAUSE NO. 116779-422 IN RE: ORDER FOR FORECLOSURE § IN THE DISTRICT COURT OF CONCERNING § § 146 Brushy Creek Lane § KAUFMAN COUNTY, TEXAS Terrell, TX 75160 § § UNDER TEX. R. CIV. PROC. 736 § § 422ND JUDICIAL DISTRICT AND THE ESTATE OF LYN FOSTER ORDER FOR FORECLOSURE On January 28, 2025, the Application for Foreclosure under Tex. R. Civ. Proc. 736 in the above-entitled cause of action (the “Application”) 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 146 Brushy Creek Lane, Terrell, Texas 75160, and further described as follows: Lot 16, Block J, Creekside Estates Phase I, an addition to The City of Terrell Kaufman County Texas according to the Map Plate recorded in Cabinet 2 Envelope 530 Map Plat Records Kaufman County Texas (146 Brushy Creek Lane) (hereinafter the “Property). The Court finds that the Association’s Application complies with Rule 736.1 of the Tex. R. Civ. Proc. The Court further finds that Respondent(s) filed a response to the Application, and that Respondent(s) were provided reasonable notice of the hearing conducted by the Court on the Application. The Court finds that the name and last known address of each respondent is as follows: Lyn Foster 5601 Eagle Drive Rowlett, Texas 75088 The Court further finds as follows: ORDER FOR FORECLOSURE UNDER TEX. R. CIV. PROC. 736 PAGE | 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 as 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. 8. Article 4, Section 4.10(b) of the Declaration and Texas Property Code 5.006 provide for recovery of attorney's fees and expenses incurred in the collection of delinquent assessments. ORDER FOR FORECLOSURE UNDER TEX. R. CIV. PROC. 736 PAGE 2 MM. 13. As of February 22, 2024, Respondent was 46 months in default in her obligations to the Association for a total of Five Thousand Eight Hundred and Thirty Seven Dollars and Sixty Eight Cents ($5,837.68). 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 April 20, 2021. A Notice of Lien was filed on or about March 19, 2024 at Instrument No. 2024- 0007819 in the office of the County Clerk of Kaufman County, Texas, and Respondent was notified of same by letter dated April 24, 2022. The Association afforded Respondent thirty (30) days to cure the default pursuant to the April 24, 2022 letter, and such opportunity to cure the default has expired. 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 IT IS FURTHER ORDERED that the Association shall send Respondent(s) a copy of this Order with the notice of foreclosure sale sent to Respondent(s); and ORDER FOR FORECLOSURE UNDER TEX. R. CIV. PROC. 736 PAGE 3