1927 NOE BLVD

HEATH GOLF & YACHT CLUB PH 1A, BLOCK N, LOT 2

NOTICE OF ASSESSMENT LIEN SALE
STATE OF TEXAS § § COUNTY OF KAUFMAN § WHEREAS, on or about October 26, 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 Basil Brown and Yvonne M. Brown, the present owners of said real property, to Heath Golf & Yacht Club HOA, Inc. (the "Association"); and WHEREAS, the said Basil Brown and Yvonne M. Brown 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, 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 2, Block N, of Heath Golf and Yacht Club PH, 1A, an addition to the City of Heath, Kaufman County, Texas, according to the Map or Plat thereof recorded in/under Cabinet 3, Sleeve 243 of the Plat Records of Kaufman County, Texas (1927 Noe Boulevard)







at ' “th WITNESS my hand this [* day of Brust , 2025 a 8 HEATH GOLF & YACHT CLUB HOA, INC. = By: 2 Jaso’ eed, Substitute Trustee Sy iddle & Williams, P.C. ba 3811 Turtle Creek Blvd, Suite 500 oe Dallas, Texas 75219 The within notice was posted by me on the ____ day of , 2025, at the Kaufman County Courthouse in Kaufman, Texas.
1964-87488 Filed: 7/25/2025 2:38 PM Rhonda Hughey, District Clerk Kaufman County, Texas Reece Collier CAUSE NO. 117228-422 IN RE: ORDER FOR FORECLOSURE § IN THE DISTRICT COURT OF CONCERNING § § 1927 Noe Boulevard § KAUFMAN COUNTY, TEXAS Heath, TX 75126 § § UNDER TEX. R. CIV. PROC. 736 § § 422ND JUDICIAL DISTRICT AND BASIL BROWN AND YVONNE M. BROWN ORDER FOR FORECLOSURE On May 13, 2024, the Application for Foreclosure under Tex. R. Civ. Proc. 736 in the above-entitled cause of action (the “Application’”) was presented to the Court. Heath Golf & Yacht Club HOA, Ine. (the “Association’”), Petitioner herein, seeks an order pursuant to Tex. R. Civ. Proc. 736 to foreclose the Association’s assessment lien against 1927 Noe Boulevard, Heath, Texas 75126, and further described as follows: Lot 2, Block N, of Heath Golf and Yacht Club PH, 1A, an addition to the City of Heath, Kaufman County, Texas, according to the Map or Plat thereof recorded in/under Cabinet 3, Sleeve 243 of the Plat Records of Kaufman County, Texas (1927 Noe Boulevard) (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 Respondents filed a response to the Application, and that Respondents 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: Basil Brown 1927 Noe Boulevard Heath, Texas 75126 Yvonne M. Brown ORDER FOR FORECLOSURE UNDER TEX. R. CIV. PROC. 736 PAGE 1 1927 Noe Boulevard Heath, Texas 75126 The Court further finds as follows: Ls 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 & Restrictions for Heath Golf & Yacht Club (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 IX of the Declaration. Article IX, Section 9.10(a) 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 IX, Section 9.10(d) 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 maintenance fees in a non-discriminatory manner based on Respondents’ ownership of the Property. ORDER FOR FORECLOSURE UNDER TEX. R. CIV. PROC. 736 PAGE 2 10. 11. 13. Article IX, Section 9.01 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 May 2, 2024, Respondents were 16 months in default in their obligations to the Association for a total of Four Thousand Four Hundred and Seventy Five Dollars and Two Cents ($4,475.02). 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 July 14, 2023. A Notice of Lien was filed on or about October 26, 2023 at Instrument No. 2023- 0030355 in the office of the County Clerk of Kaufman County, Texas, and Respondents were notified of same by letter dated October 24, 2023. The Association afforded Respondents thirty (30) days to cure the default pursuant to the October 24, 2023 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 ORDER FOR FORECLOSURE UNDER TEX. R. CIV. PROC. 736 PAGE 3 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 Property. SIGNED ON 7/25/2025


ORDER FOR FORECLOSURE UNDER TEX. R. CIV. PROC. 736 PAGE 4 g 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. Jason Reed on behalf of Jason Reed Bar No. 24043887 [email protected] Envelope ID: 103164479 Filing Code Description: Proposed Order Filing Description: Proposed Order for Foreclosure Status as of 7/25/2025 2:39 PM CST Associated Case Party: Heath Golf & Yacht Club HOA, Inc. [email protected] | 7/15/2025 3:34:32 PM | SENT