1060 HUNTERS CREEK DR

BREEZY HILL PH X, BLOCK A, LOT 24

FILED FOR RECORD ROCKWALL CO, TEXAS NOTICE OF ASSESSMENT LIEN SALE 2025 0CT 14 PM 2:47 NAtoe
STATE OF TEXAS § § COUNTY OF ROCKWALL § WHEREAS, on or about July 25, 2024, a Notice of Lien was filed in the Deed Records of Rockwall County, Texas, covering the real property herein described concerning default in the payment of the indebtedness owing by Lindsay Smith and Jason Smith, the present owners of said real property, to Breezy Hill Estates Homeowners Association, Inc. (the "Association"); and WHEREAS, the said Lindsay Smith and Jason Smith have continued to default in the payment of their 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, November 4, 2025, between 10 o’clock a.m. and 4 o’clock p.m., the Association will sell said real estate in the area immediately outside on the front steps of the Rockwall County Courthouse, located at 1111 Yellow Jacket Lane, Rockwall, Rockwall County, Texas, Rockwall 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 1:00 o'clock p.m., and the sale will take place not later than three (3) hours after that time. Said real estate is described as follows: Lot 24, Block A, of Breezy Hill Phase X, an addition to the City of Rockwall, Rockwall County, Texas, according to the Plat thereof recorded in Volume J, Page 287, Map Records, Rockwall County, Texas (1060 Hunters Creek Drive) WITNESS my hand ‘inl day ot JA Jolo , 2025 BREEZY HILL ESTATES HOMEOWNERS ASSOCIATION, INC.

eed, Substitute Trustee Riddle & Williams, P.C. 3811 Turtle Creek Blvd, Suite 500 Dallas, Texas 75219 The within notice was posted by me onthe _ day of , 2025, at the Rockwall County Courthouse in Rockwall, Texas. 1928-91082  CAUSE NO. 1-25-0767 IN RE: ORDER FOR FORECLOSURE § INTHE COUNTY COURT OF CONCERNING 1060 Hunters Creek Drive ROCKWALL COUNTY, TEXAS Rockwall, TX 75087 UNDER TEX. R. CIV. PROC. 736 CR COP CO? CO? COP HP? CO? COUNTY COURT AT LAW NO. 2 AND LINDSAY SMITH AND JASON SMITH ORDER FOR FORECLOSURE On April 28, 2025, the Application for Foreclosure under Tex. R. Civ. Proc. 736 in the above-entitled cause of action was presented to the Court. Breezy Hill Estates Homeowners Association, Inc. (the “Association”), Petitioner herein, seeks an order pursuant to Tex. R. Civ. Proc. 736 to foreclose the Association’s assessment lien against 1060 Hunters Creek Drive, Rockwall, Texas 75087, and further described as follows: Lot 24, Block A, of Breezy Hill Phase X, an addition to the City of Rockwall, Rockwall County, Texas, according to the Plat thereof recorded in Volume J, Page 287, Map Records, Rockwall County, Texas (1060 Hunters Creek Drive) (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 Respondents have 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: Lindsay Smith 1060 Hunters Creek Drive Rockwall, Texas 75087 ORDER FOR FORECLOSURE UNDER TEX. R. CIV. PROC. 736 PAGE |  Jason Smith 1060 Hunters Creek Drive Rockwall, Texas 75087 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. The Association is governed by the Declaration of Covenants Conditions and Restrictions for Breezy Hill (the "Declaration"), as corrected and supplemented from time to time. The Property is subject to and governed by the Declaration. By virtue of Respondents’ acquisition of the Property, Respondents 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 6 of the Declaration. Article 6, Section 6.01 (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. Article 6, Section 6.10 of the Declaration further provides that the Association may foreclose its assessment lien by appropriate judicial or non-judicial proceedings. During the period of Respondents’ ownership, Respondents have been assessed ORDER FOR FORECLOSURE UNDER TEX. R. CIV. PROC. 736 PAGE 2  10. ll. 12. 13. maintenance fees in a non-discriminatory manner based on Respondents’ ownership of the Property. Article 6, Section 6.10 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. As of March 12, 2025, Respondents are 15 months in default in his/her obligations to the Association for a total of Four Thousand and Two Dollars and Twenty One Cents ($4,002.21). Respondents have been notified of the amounts due and unpaid attributed to Respondents’ failure to pay the assessments and other charges by notice letter dated May 23, 2024. A Notice of Lien was filed on or about July 25, 2024 at Instrument No. 20240000012999 in the office of the County Clerk of ROCKWALL, Texas, and Respondents were notified of same by letter dated July 23, 2024. The Association afforded Respondents thirty (30) days to cure the default pursuant to the July 23, 2024 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. ORDER FOR FORECLOSURE UNDER TEX. R. CIV. PROC. 736 PAGE 3  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 Respondents a copy of this Order with the notice of foreclosure sale sent to Respondents; and IT IS FURTHER ORDERED that the Association may communicate with Respondents and all third parties as may be reasonably necessary to conduct the foreclosure sale of the La SG SIGNED ON 8/6/2025 SUDUE PRESIDING ORDER FOR FORECLOSURE UNDER TEX. R. CIV. PROC. 736 PAGE 4