3228 FLOWERING PEACH DR

HEATH GOLF & YACHT CLUB PH 2 TR 9, BLOCK P, LOT 3

FILED FUR Re KAUFMAN CO. dudvOCT 14 PM 3:24

NOTICE OF ASSESSMENT LIEN SALE LAURA A STATE OF TEXAS § Cc § RY: COUNTY OF KAUFMAN § WHEREAS, on or about February 13, 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 Lauren Macy Morgan, the present owner of said real property, to Heath Golf & Yacht Club HOA, Inc. (the "Association"); and WHEREAS, the said Lauren Macy Morgan 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, November 4, 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 3, Block P, of Heath Golf & Yacht Club, Phase 2, Tract 9, an addition to the City of Heath, Kaufman County, Texas, according to the Map or Plat thereof recorded in Cabinet 3, Slide 496, Plat Records, Kaufman County, Texas and duly recorded under Clerk's File No. 2019-10184, Plat Records, Rockwall County, Texas (3228 Flowering Peach Drive) . WITNESS my hand ie 0 iy of Oe ae


7 Reed, Substitute Trustee Riddle & Williams, P.C. 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. 1964-87486 
FILEO FOR RECORD YUM CAUSE NO. 117229-489 TEAS OUNTY IN RE: ORDER FOR FORECLOSURE § IN THE DISTRICT COURGOE3 PH 1:53 CONCERNING § 0; § Dis iver note 3228 Flowering Peach Drive § KAUFMAN COUNTY, TE ms Heath, TX 75126 § BY___\_ MM nepyry § UNDER TEX. R. CIV. PROC. 736 § § 489TH JUDICIAL DISTRICT AND LAUREN MACY MORGAN ORDER FOR FORECLOSURE On May 14, 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 3228 Flowering Peach Drive, Heath, Texas 75126, and further described as follows: Lot 3, Block P, of Heath Golf & Yacht Club, Phase 2, Tract 9, an addition to the City of Heath, Kaufman County, Texas, according to the Map or Plat thereof recorded in Cabinet 3, Slide 496, Plat Records, Kaufman County, Texas and duly recorded under Clerk's File No. 2019-10184, Plat Records, Rockwall County, Texas (3228 Flowering Peach Drive) (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 filed a response to the Application, and that Respondent 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: ORDER FOR FORECLOSURE UNDER TEX. R. CIV. PROC. 736 PAGE | Lauren Macy Morgan 3228 Flowering Peach Drive Heath, Texas 75126 The Court further finds as follows: 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 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 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 Respondent’s ownership, Respondent has been assessed maintenance fees in a non-discriminatory manner based on Respondent’s ORDER FOR FORECLOSURE UNDER TEX. R. CIV. PROC. 736 PAGE 2 VW. 12. ownership of the Property. 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 April 26, 2024, Respondent was 16 months in default in her obligations to the Association for a total of Four Thousand Eight Hundred and Sixty Eight Dollars and Thirty Five Cents ($4,868.35). 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 November 30, 2023. A Notice of Lien was filed on or about February 13, 2024 at Instrument No. 2024- 0004086 in the office of the County Clerk of Kaufman, Texas, and Respondent was notified of same by letter dated February 13, 2024. The Association afforded Respondent thirty (30) days to cure the default pursuant to the February 13, 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 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. SIGNED ON 2s ORDER FOR FORECLOSURE UNDER TEX. R. CIV. PROC. 736 PAGE 4