5076 MATILDA ST

BIRCHBROOK II CONDOMINIUMS BLK 9/5406 LOT 3

NOTICE OF TRUSTEE'S SALE 2325 AUG I l PH 2: I 5
THE STATE OF TEXAS §
§
COUNTY OF DALLAS § '
' Assert and protect your rights as a member of the armed forces of the United States. If you
are or vour spouse is serving on active military duty, including active military duty as a
member of the Texas National Guard or the National Guard of another state or as a member
of a reserve component of the armed forces of the United States, please send written notice
of the active duty military service to·the sender of this notice immediately.
Notice is hereby given that a public sale at auction of the Property (as that term is defined
and described below) will be held at the date, time, and place specified in this notice.
DATE OF SALE: Tuesday, the 2nd day qf September, 2025.
TIME OF SALE: Between the hours of 10:00 a.m. and 4:00 p.m. The earliest time at which
the sale will commence is 10:00 a.m., and the sale will commence no later than 12:59 p.m.
PLACE 'op SALE: Dallas County Courthouse, George Allen Courts Building, 600 Commerce
Street, Dallas, Texas 75202, at the area at the George Allen Courts Building designated by the
Commissoner's Court, Dallas County, Texas, where the foreclosures are to take place, such area
is on the North Side of the Building facing 600 Commerce Street below the overhang.
INFORMATION REGARDING THE LIEN THAT IS THE SUBJECT ·op THIS SALE:
NAME OF DOCUMENT: Enabling'Declaration for Establishment of a Condominium
Regime for "Birchbrook II Condominium", recorded under Volume 79203, Page 2866 in
the Official Public Records of Dallas County, Texas, (the "Declaration"). The real property
encumber:ed by the Assessment Lien granted under the Declaration is described on Exhibit.
"A" attached hereto and made a part hereof for all purposes together with all and singular
the rights, appurtenances, improvements and fixtures thereto ( collectively, the "Property").
INDEBTEDNESS SECURED: Pursuant to the Enabling Declaration for Establishment of
a Condominium Regime for "Birchbrook II Condominium", recorded under Volume 79203,
Page 2866 in the Official Public Records of Dallas County, Texas, (the "Declaration"),
Birchbrook II Condominium Association, Inc. (the "Association") is authorized to impose
maintenance assessments upon the Property to meet the common expenses associated with
the improvement, maintenance, operation, adrilinistration, and preservation of Birchbrook
II Condominiums (the "Assessments") and has an express contractual lien on the Property
to secure the payment of any due but unpaid Assessments owed by the· owner of the
Property.
APPOINTMENT OF TRUSTEE: NAME OF DOCUMENT: Appointment of Trustee
DATE: July 21, 2025.
NAME OF TRUSTEE: Gregory S. Cagle, and/or Adam Pugh, and/or Kevin Slater,
and/or Greg Garza, and/or Kathleen Kilanowski, and/or John Brillian, and/or
Jameson Joyce, and/or Grant Neidenfeuhr, and/or Matthew· Kirby, and/or Marla
Jones, 4301 Westbailk Drive, Building A, Suite 150, Austin, Texas 78746.
The Property is a condominium unit in Birchbrook II Condominiums Homeowner
Association (the "Project") and is subject to the Enabling Declaration for Establishment of a
Condominium Regime for "Birchbrook II Condominium", (the "Declaration").
AmErika's Global Realty LLC ("Debtor") is the owner-of the Property pursuant to an
Warranty Deed recorded at Document No. 202300035982, Official Public Records, Dallas County,
Texas;
The Declaration establishes Birchbrook II Condomi~ium Association, Inc. (the
"Association"), an association as that term is used in the Texas Uniform Condominium Act, to
manage and administer the affairs. of the Project and authorizes the Association to impose
maintenance assessments upon all owners of the condominium units in th_e Project to meet the
common expenses associated with the improvement, maintenance, operation, administration, and
preservation of the Project (the "Assessments");
The Declaration and/or the Texas Uniform Condominium Act creates. an express
contractual lien on each condominium unit in the Project to secure the payment of any due but
unpaid Assessments owed by any unit owner (the "Lien"). and authorizes the Association to
enforce such Lien through nonjudicial foreclosure;
The Declaration and/or the Texas Uniform Condominium Act provides that by accepting
a deed to his or her condominium unit, such owner shall be deemed to have expressly granted to
the Association a power of sale upon his or her unit to secure payment of the Assessments
thereafter imposed upon such owner and without other formality than executing an instrument in
writing, the Association shall have the right to appoint a successor or trustee to exercise the power
of sale;
Debtor has failed to pay the Assessments imposed by the Association;
The Association has requested that Gregory S. Cagle, and/or Adam Pugh, and/or Kevin
Slater, and/or Greg Garza, and/or Kathleen Kilanowski, and/or John Brillian, and/or Jameson
Joyce, and/or Grant Neidenfeubr, and/or Matthew Kirby, and/or Marla Jones, act as trustee
pursuant to the Appointment of Trustee, sell the Property, and apply the proceeds of such sale in
accordance with the provisions of the Declaration. Pursuant to section 51.009 of the Texas
Property Code, the sale of the Property will be AS IS condition, without any express or implied
warranties, and subject to any prior encumbrances to title filed ofrecord and/or expressly set forth
in the Declaration. •
2 Therefore, at the date, time, and place set forth above, the undersigned, as Trustee, will
conduct the sale of th~ Property as a· public auction to the highest bidder for cash pursuant to the
terms of the Declaration, subjectto all prior encumbrances (including but not limited to prior liens),
easements, restrictive cove~ants, liens, righ~s of parties in possession, mineral interests and leases,
and other matters affecting title·to the· Property that would be shown by a review of the Official
Public Records ofDallas County,.Texas, or by an on-the-ground inspection of the Property.
Pursuant to section 51.0075 of the Texas Property Code, the Trustee or any Substitute
, Trustee reserves the right to set further reasonable conditions for conducting the sale. Any such
further conditions shall be· announced before bidding is opened for the first sale of the day held by
the Trustee or any Substitute Trustee.
Please be advised that, pursuant to Section 3.31 l of the Texas Business and Commerce
Code, all communications concerning a dispute of this debt, including an instrument tendered as
full and finaLsatisfactiori of this debt~ are to be sent to the undersigned. This.firm is a debt
collector. Should you wish to obtain more information regardingyourrights as a debtor, please
visit: https://www.consumerfinance.gov/~ Additionally,.should you dispute all or any part of.the
sums set forth above please email [email protected].
. ~ ,s-+-. IN WI.TNESS WHEREOF, this Notice of Trustee's Sale has been executed on this
the \ day ofJuly, 2025. . • .
THE STATE OF TEXAS §
§
COUNTY OF TRAVIS § gle, /or Adam Pugh, and/or
Kevin Slater, · and/or· Greg Garza, andfor
• Kathleen Kilanowski, and/or John Brillian,
and/or Jameson Joyce, and/or Grant
Neidenfeuhr, and/or Matthew Kirby, and/or
Marla Jones, any to act as trustee
• ' ·.. -~ •
This instrument-was acknowledged before me on this ~.day of July,-2025, byGregory
S. Cagle, and/or Adant Pugh, and/or Kevin Slater, and/or Greg Garza, and/or Kathleen Kilanowski,
and/or John Brillian, and/or Jameson Joyce, and/or· Grant Neidenfeuhr, and/or·Matthew Kirby,
and/or Marla Jones, Trustee. •
,,~~'t11,,,, KELSEY BARRON
§"o-_.W:·····~ Notary Public. State of Texas ~>:. • - ~~---}jj Comm. Expires 11--05-2025 ~-;ti~ti. . Notary ID 133433523
3 NAME AND ADDRESS OF TRUSTEE:
Gregory S. Cagle, and/or Adam Pugh, and/or Kevin Slater, and/or Greg Garza, aµd/or Kathleen
Kilanowski, and/or John Brillian, and/or Jameson Joyce, and/or Grant Neidenfeuhr, and/or
Matthew Kirby, and/or Marla Jones, any to act as trustee
CAGLE PUGH
4301 Westbank Drive, Building A, Suite 150,
Austin, Texas 78746
4 EXHIBIT "A"
PROPERTY DESCRIPTION
ADDRESS: 5076 MATILDA ST #226, DALLAS, TEXAS 75206
UNIT NO 226, BUILDING 1, AND ITS APPURTENANT UNDMDED INTEREST IN
AND TO THE GENERAL AND LIMITED COMMON ELEMENTS, OF BIRCHBROOK
II CONDOMINIUM A CONDOMINIUM REGIMS SITUATED IN THE CITY OF
DALLAS, DALLAS COUNTY, TEXAS ACCORDING TO THE DECLARATION
RECORDED IN VOLUME 79203, PAGE 2866, CONDOMINIUM RECORDS DALLAS
COUNTY, TEXAS.
5