2604 PEABODY AVE

SOUTH PARK BLK 26/1308 LOTS 3 & 4

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NOTICE OF FORECLOSURE ~q\LJ/1 ,
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Notice is hereby given of a public nonjudicial foreclosure sale!: ,Jl.,I
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1. Property To Be Sold. The property to be sold is deser-ibedaS::f@Uo'Wis:
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The real property more particularly described on Exhibit II A II attached
hereto and made a part hereof, together with the rights, appurtenances and
improvements thereto and certain other personal property as more particularly
described. in the Deed of Trust referenced herein.
2. Date, Time, and Place of Sale. The sale is scheduled to be held at the following
date, time, and place:
Date: Tuesday, October 7, 2025
Time: The sale shall begin no earlier than 1 :00 p.m. or no later than three hours
thereafter. The sale shall be completed by no later than 4:00 p.m.
Place: The sale will take place at the Dallas County Courthouse at the place
designated by the Dallas County Commissioner's Court.
The Deed of Trust (hereinafter described) permits the Lender (hereinafter described) to
postpone, withdraw, or reschedule the sale for another day. In that case, the trustee or substitute
trustee under the Deed of Trust need not appear at the date, time, and place of a scheduled sale to
announce the postponement, withdrawal, or rescheduling. Notice of the date of any rescheduled
foreclosure sale will be reposted and refiled in\ accordance with the posting and filing
requirements of the Texas Property Code. Such reposting or refiling may be after the date·
originally scheduled for this sale.
3. Terms of Sale. The sale will be conducted as a public auction to the highest
bidder for cash, subject to the provi~ions of the Deed of Trust permitting the Lender to have the
bid credited to the note up to the amount of the unpaid debt secured by the Deed of Trust at the
time of sale.
Those desiring to purchase the property will need to demonstrate their ability to pay cash
on the day the property is sold.
The sale will be made expressly subject to any title matters set forth in the Deed of Trust,
but prospective bidders are reminded that by law the sale will necessarily be made subject to all
prior matters of record affecting the property, if any, to the extent that they remain in force and
effect and have not been subordinated to the Deed of Trust. ... ,1_>r9~p-estive-1Jid<lets ar-e:'.istrongly
urged to examine the applicable property records to determ1.he tlWJJWmt.!lesan~t·egtent of such
matters, if any. Wf:l T:J ;·,[ iH
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NOTICE OF FORECLOSURE SALE -Page 1 4. Type of Sale. The sale is a nonjudicial deed of trust lien and security interest
foreclosure sale being conducted pursuant to the power of sale granted by the Deed of Trust
(herein so called) executed by Casa Unlimited Enterprises, L.P., a Texas limited partnership
(whether one or more, the "Grantor"), originally for the benefit of Thomas W. Simmons and
subsequently transferred to Abovo Corporation ("Lender"), covering the property described
above. The Deed of Trust is dated on or about even date with the Note, and is recorded in
Volume 2005184, Page 5004 of the Official Public Records of Dallas County, Texas.
5. Obligations Secured. The Deed of Trust provides that it secures the payment of
the indebtedness and obligations therein described (collectively the "Indebtedness") including
but not limited to the unpaid principal and interest owing on that real estate lien note (the "Note")
dated on or about September 13, 2005, in the original principal amount of $118,700.00, executed
by the Grantor (or one of them) and payable to the order of Lender, and all renewals,
modifications and extensions of the note. Lender is the current owner and holder of the Note and
the Indebtedness and is the beneficiary under the Deed of Trust.
Questions concerning the sale may be directed to the undersigned or to the Lender:
Abovo Corporation
P.O. Box 29833
Dallas, Texas 75229
6. Default and Request To Act. Default has occurred under the Deed of Trust, and
Lender has requested me, as Trustee, to conduct this sale. Notice is given that before the sale
Lender may appoint another person as substitute trustee to conduct the sale.
DATED: ttl~/i<.
NOTICE OF FORECLOSURE SALE -Page 2 P.O. Box 29833
Dallas, Texas 75229
Phone: (214) 670-0000 EXHIBIT A
Lots 3 and 4, Block 26/1308, of South Park Addition, an Addition to the City of Dallas, Dallas County, Texas,
according to the Map thereof recorded in Volume 99, Page 304, of the Map Records of Dallas County, Texas.
Otherwise known as 2604 Peabody, Dallas, TX 75215
NOTICE OF FORECLOSURE SALE -Page 3