1240 ALTUDA DR

FOX HOLLOW PH 2A, BLOCK S, LOT 11

FILED FOR Ri: KAUFMAN CO. Tee NOTICE OF ASSESSMENT LIEN SALE £043 OCT M 2: STATE OF TEXAS § Ih PH 3: 2h § LAURA A, KUGHES COUNTY OF KAUFMAN § c A CLERK BY: WHEREAS, on or about June 18, 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 Arthur Joe Brooks and Nicole Arroyo, the present owners of said real property, to The Villages of Fox Hollow Homeowners’ Association, Inc. (the "Association"); and WHEREAS, the said Arthur Joe Brooks and Nicole Arroyo 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 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 licns 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 11, Block S, Fox Hollow - Phase 2A, an Addition to the City of Forney, Kaufman County, Texas, according to the Map or Plat thereof recorded in Cabinet 3, Page 608, Map Records, Kaufman County, Texas, (1240 Altuda Drive) WITNESS my hand this jh day of CU'tijeh _, 2025 THE VILLAGES OF FOX HOLLOW HOMEOWNERS By: Lie Chad Robinson, 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.
1626-90569 LEO f Recon CAUSE NO. 118517-422 AUFM HEN COUNT IN RE: ORDER FOR FORECLOSURE = §_IN THE DIST R&T. CONCERNING § OS AR "58 § RHONA HUGH 1240 Altuda Drive § | KAUFMAN CO Forney, TX 75126 yy : BY ce oePyry UNDER TEX. R. CIV. PROC. 736 § §
422ND JUDICIAL DISTRICT AND ARTHUR JOE BROOKS AND NICOLE ARROYO , ORDER FOR FORECLOSURE On September 26, 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. The Villages of Fox Hollow 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 1240 Altuda Drive, Forney, Texas 75126, and further described as follows: Lot 11, Block S, Fox Hollow - Phase 2A, an Addition to the City of Forney, Kaufman County, Texas, according to the Map or Plat thereof recorded in Cabinet 3, Page 608, Map Records, Kaufman County, Texas. (1240 Altuda 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 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: Arthur Joe Brooks 1240 Altuda Drive Forney, Texas 75126 ORDER FOR FORECLOSURE UNDER TEX. R. CIV. PROC. 736 PAGE | Nicole Arroyo 1240 Altuda Drive Forney, 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 and Restrictions for The Villages of Fox Hollow (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 III of the Declaration. Article III, Section 3.8 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 III, Section 3.10 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 maintenance fees in a non-discriminatory manner based on Respondents’ ORDER FOR FORECLOSURE UNDER TEX. R. CIV. PROC. 736 PAGE 2 10. ownership of the Property. Article II, Section 3.10 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 September 18, 2024, Respondents were 20 months in default in their obligations to the Association for a total of Two Thousand Six Hundred and Twenty Two Dollars and Eighty Six Cents ($2,622.86). Respondents have 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 18, 2024. A Notice of Lien was filed on or about June 18, 2024 at Instrument No, 2024- 0018673 in the office of the County Clerk of Kaufman County, Texas, and Respondents were notified of same by letter dated June 17, 2024. The Association afforded Respondents thirty (30) days to cure the default pursuant to the June 17, 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 Property. SIGNED ON 7 / 2 5 4 J E PRESIDING ORDER FOR FORECLOSURE UNDER TEX. R. CIV. PROC. 736 PAGE 4 

Bed, Bath, Estimated value: $418,892 Avg ($/sqft: 169, 4 Bed , 3 Bath) # listed: 31