4231 ALTOONA DR

WINDSOR TOWNHOMES BLK 19/6959 LT 5 ACS 2.914

NOTICE OF TRUSTEE'S SALE AND"
APPOINTMENT OF SUBSTITUTE TRUSTEE
STATE OF TEXAS
COUNTY OF DALLAS §
§
§ DJt~ MUY I O PM 12: 2 3
WHEREAS, Tesoro Multifamily Dallas DE LLC, a Delaware limited liability company
("Borrower"), became indebted to Arbor Realty Sr, Inc., a Maryland corporation ("Lender"),
pursuant to the terms of a certain Loan Agreement (as may be amended from time to time, the
"Loan Agreement") arid as evidenced by that certain Promissory Note dated March 14, 2022 in
the principal amount of TWENTY FOUR MILLION ONE HUNDRED SIXTY THOUSAND and
NO/100 DOLLARS ($24,160,000.00) (the "Promissory Note"), executed and delivered by
Borrower to the order of Lender, as payee, bearing interest and being due and payable as therein
provided, and said Promissory Note and all liens, security interests and assignments securing same
having been finally assigned to TESORO MULTI TX PO LLC, a Delaware limited liability
company (the "Holder");
WHEREAS, the indebtedness evidenced by the Promissory Note is secured by, among
other things, certain liens, security interests and assignments, evidenced by, among other things,
that certain Deed of Trust, Assignment ofLeases and Rents, Security Agreement and Fixture Filing ·
(the "Deed of Trust") dated of even date with the Promissory Note, namirig Gavriel Toso as Trustee
for the benefit of Lender and/or its assigns, said Deed of Trust being duly recorded as Instrument
No. 202200072688 of the Official Public Records of Dallas County, Texas, covering the property
described in Exhibit A attached hereto and made a part hereof by reference for all purposes,
together with all appurtenances, buildings, structures, fixtures, personal property, and
improvements on, in and under said real property, including without limitation any and all rights
to the present or future use of wastewater, wastewater capacity, drainage, water or other utility
facilities to the extent same pertain to or benefit all or any portion of said real property, including
without limitation all reservations or commitments or letters covering any such use in the future,
whether now or hereafter acquired, and any leases and rents relating thereto~ which are described
therein ( all of which is hereinafter referred to as the "Property");
WHEREAS, the Promissory Note and the Deed of Trust and all other documents securing
the Promissory Note are now held by the Holder (hereinafter referred to as "Beneficiary"), having
an address c/o Sheppard Mullin, Richter & Hampton LLP, 2200 Ross Avenue, 20th Floor, Dallas,
Texas 75201; •
WHEREAS, events of default have occurred as a result of the Borrower's failure to make
the required monthly payments on the Loan due on the Payment Dates under theLoan Agreement
and Promissory Note, with the performance·of such payment obligations and indebtedness being
secured by the Deed of Trust, and because of such default, Beneficiary, as the owner and holder
of the Promissory Note and the Deed of Trust, has requested Substitute Trustee to sell the Property;
WHEREAS, to the extent the Deed of Trust encumbers both real and personal property,
formal notice is hereby given of Beneficiary's election to proceed against and sell both the real
property and any personal property described in the Deed of Trust in accordance with Beneficiary's
-]-rights and remedies under the Deed of Trust and Section 9.604(a) of the Texas Business and
Commerce Code;
WHEREAS, pursuant to the authority granted in the Deed of Trust and in accordance with
the Texas Property Code, Beneficiary has appointed each of the undersigned as "Substitute
Trustee" under the Deed of Trust pursuantto duly authorized and executed appointment document;
WHEREAS, Beneficiary has requested the undersigned Substitute Trustee to enforce the
liens of the Deed of Trust by sale of the Property in the manner set forth under the terms of the
Deed of Trust and pursuant to applicable Texas law; and
WHEREAS, the undersigned, Substitute Trustee, acting upon the request of said
Beneficiary, by these presents is hereby posting, filing and giving notice of the foreclosure of the
Deed of Trust and the lien thereof in accordance with applicable Texas law and the terms and
provisions of the Deed of Trust.
NOW, THEREFORE, pursuant to authority conferred upon each of us by the Deed of
Trust, we, the undersigned duly appointed Substitute Trustee under said Deed of Trust or another
such duly appointed Substitute Trustee or Successor Substitute Trustee under said Deed of Trust,
having an address c/o Sheppard, Mullin, Richter & Hampton LLP, 2200 Ross Avenue, 20th Floor,
Dallas, Texas 75201, in order to satisfy the indebtedness secured thereby and at the request of
Beneficiary, the owner and holder of said indebtedness, default having been made in the payment·
of the Promissory Note and said indebtedness and/or default having been made under the
covenants set out in the said Deed of Trust, will sell the Property on Tuesday, December 2, 2025,
at a time commencing not earlier than 10:00 AM and no later than 1 :00 PM, to the highest bidder
for cash (except that Beneficiary's bid may be by credit against the indebtedness secured by the
lien of the Deed of Trust) at the area designated by the Dallas County Commissioner's Court as
the area where non-judicial foreclosures shall take place, and more specifically the north side of
the George Allen Courts·Building facing 600 Commerce Street, Dallas, Texas below the overhang,
pursuant to Section 51.002 of the Texas Property Code, as the area where non-judicial foreclosures
shall take place.
THE SALE OF THE PROPERTY IS "AS IS" AND "WHERE IS" AND WITHOUT
REPRESENTATION OR WARRANTY OF ANY KIND BY THE SUBSTITUTE TRUSTEE(S),
EXPRESS, IMPLIED, STATUTORY, QUASI-STATUTORY OR OTHERWISE, ANY
WARRANTY OF MERCHANTABlLITY OR FITNESS FOR A PARTICULAR PURPOSE
BEING EXPRESSLY DISCLAIMED. NEITHER THE HOLDER OF THE PROMISSORY
NOTE NOR THE SUBSTITUTE TRUSTEE(S) MAKE(S) ANY REPRESENTATIONS OR
WARRANTIES WITH RESPECT TO COMPLIANCE WITH LAWS, RULES, AGREEMENTS
OR SPECIFICATIONS, NOR WITH RESPECT TO CONDITION, QUALITY, CAPACITY,
DESIGN, OPERATION, ABSENCE OF ANY LATENT DEFECTS OR ANY OTHER
WARRANTY OR REPRESENTATION WHATSOEVER WITH RESPECT TO THE
PROPERTY, ALL OF WHICH ARE EXPRESSLY WAIVED BY PURCHASER.
PURSUANT TO SECTION 51.0075(A) OF THE.TEXAS PROPERTY CODE, SUBSTITUTE
TRUSTEE RESERVES THE RIGHT TO SET FURTHER REASONABLE CONDITIONS FOR
CONDUCTING SUCH SALE CONTEMPLATED BY THIS NOTICE. ANY SUCH FURTHER
-2-CONDITIONS SHALL BE ANNOUNCED BEFORE BIDDING IS OPENED FOR THE FIRST
SALE OF THE DAY BY .SUBSTITUTE TRUSTEE.
ASSERT AND PROTECT YOUR RIGHTS AS A MEMBER OF THE ARMED FORCES OF
THE UNITED STATES. IF YOU OR YOUR 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 HOLDER IMMEDIATELY.
THIS INSTRUMENT APPOINTS THE SUBSTITUTE TRUSTEE(S) IDENTIFIED
BELOW TO SELL THE PROPERTY DESCRIBED IN THE SECURITY INSTRUMENT
IDENTIFIED IN THIS NOTICE OF SALE THE PERSON SIGNING THIS NOTICE IS
THE ATTORNEY OR AUTHORIZED AGENT OF THE MORTGAGEE OR
MORTGAGE SERVICER. - [SIGNATURE PAGE FOLLOWS]
-3-In accordance with Section 51.0076 of the Texas Property Code, the undersigned attorney has
named and appointed, and by these presents does name and appoint the following attorneys at law
as Substitute Trustee to act under and by virtue of said Deed of Trust:
AMANDA COTTRELL
KELLY V AZHAPPILL Y
GRACE MILLER
MARISSA BAIRD
LAURYN VIGIL ,
GRAYDON COW AN
EXECUTED AND EFFECTIVE NOVEMBER 10, 2025.
Sheppard, Mullin, Richter & Hampton LLP
2200 Ross A venue, 20th Floor
Dallas, Texas 75201
-4-Parcel Identification
00695900190050000 EXHIBIT A
LEGAL DESCRIPTION
Numbers: 99862330000149300, 99950170000191150 and
Land situated in the City of Dallas, the County of Dallas, the State of Texas, being more
particularly described as follows:
TRACT I:
PART of the W.M. Crow Survey, Abstract No. 298, situated in the City of Dallas, in Dallas
County, Texas, embracing all of Lots 7 and 8-A of Block 18/6959 of WINDSOR TOWNHOMES
ADDITION, an addition to the City of Dallas, in Dallas County, Texas, as shown on the plat
recorded in Volume 85074, Page 5782 of the Deed Records of Dallas County, Texas and described
in the deed to Exxir Corporation recorded in Volume 93017, Page 1064 of said Deed Records,
being bounded on the West by Altoona Drive, a 60 feet wide public right of way as shown on the
plat of Kimball Estates No. 2 recorded in Volume 68076, Page 1910 of said Deed Records,
bounded on the North by Lot 6 of Block 18/6959 of said Kimball Estates, bounded on the East by
a 20 feet wide public alley as shown on said plat of Kimball Estates and bounded on the South by
the tract of land described in the deed to the Estate of Pearl Brannon and the Estate of Jacqueline
Brannon recorded in Volume 96010, Page 983 of said Deed Records.
BEGINNING at a 1/2 inch iron rod found for the Northwest corner of said Brannon tract, and the
Southwest corner of said Lot 8-A;
THENCE along the East line of Altoona Drive and the West lines of said Lots 8-A and 7;
North 00 degrees 15 minutes 00 seconds West, a distance of 224.42 feet to a 5/8 inch iron rod
found for the beginning of a tangent curve to the left;
In a Northerly direction along said curve to the left having a radius of 3 76.08 feet, a central angle
of 32 degrees 15 minutes 36 seconds, an arc length of211.75 feet, and a chord which bears North
16 degrees 22 minutes 48 seconds West, a chord distance of 208.96 feet, to a 5/8 inch iron rod
found at the end of said curve;
North 32 degrees 29 minutes 00 seconds West, a distance of29.68 feet to a 5/8 inch iron rod found
for the Northwest corner of said Lot 7 and the Southwest corner of said Lot 6;
THENCE North 57 degrees 31 minutes 00 seconds East, along the North line of said Lot 7 and the
South line of said Lot 6, a distance of 349.05 feet to a 1/2 inch iron rod found in the West line of
said 20 feet wide public alley for the Northeast corner of said Lot 7 and the Southeast corner of
said Lot 6;
THENCE along the West line of said 20 feet wide public alley and the East lines of said Lots 7
and 8-A;
EXHIBIT A South 14 degrees 27 minutes 55 seconds East, a distance of 144.91 feet to a 1/2 inch iron rod found
for corner; and South, a distance of 497 .08 feet to a 5/8 inch iron rod found for the Southeast corner
of said Lot 8-A and the Northeast corner of said Brannon tract;
THENCE West, along the South line of said Lot 8-A and the North line of said Brannon tract, a
distance of 254.79 feet to the Point of Beginning, and containing 152,327 square feet or 3.497
acres of land.
TRACT 2:
PART of the W.M. Crow Survey, Abstract No. 298, situated in the City of Dallas, in Dallas
County, Texas, embracing all of Lot 5 of Block 19/6959 of Kimball Estates No. 2, an addition to
the City of Dallas, in Dallas County, Texas, as shown on the plat recorded in Volume 68076, Page
1910 of the Deed Records of Dallas County, Texas, and described in the deed to Exxir Corporation
recorded in Volume 93017, Page 1064 of said Deed Records, being bounded on the East by
Altoona Drive a 60 feet wide right of way as shown on said plat of Kimball Estates No. 2, bounded
on the North by Lot 4 of said Block 19/6959, bounded on the West by Tract B-2 described in the
deed to Merit Financial Company recorded in Volume 84028, Page 2144 of said Deed Records,
and bounded on the South by Lot 6 of said Block 19/6959;
BEGINNING at a 1/2 inch iron rod found in the West line of said Altoona Drive for the Southeast
corner of said Lot 5 and the Northeast corner of said Lot 6;
THENCE South 89 degrees 58 minutes 20 seconds West, along the South line of said Lot 5 and
the North line of said Lot 6, a distance of274.79 feet to a 5/8 inch iron rod found in the East line
of said Tract B-2 for the Southwest corner of said Lot 5 and the Northwest corner of said Lot 6;
THENCE North 00 degrees 15 minutes 00 seconds West, along the East line of said Tract B-2 and
the West line of said Lot 5, a distance of 417.40 feet to a 1/2 inch iron rod found in the South line
of said Lot 4 for the Northwest corner of said Lot 5;
THENCE North 65 degrees 25 minutes 50 seconds East, along the South line of said Lot 4 and the
North line of said Lot 5, a distance of 230. 95 feet to an "x" cut in concrete found in the West line
of Altoona Drive for the Southeast corner of said Lot 4 and the Northeast corner of said Lot 5;
THENCE along the West line of Altoona Drive and the East line of said Lot 5; South 32 degrees
29 minutes 00 seconds East, a distance of 29.68 feet to a 5/8 inch iron rod found at the beginning
of a tangent curve to the right; along said curve to the right having a radius of 316.08 feet, a central
angle of 3 2 degrees 13 minutes 16 seconds, an arc length of 177. 7 5 feet, and a chord which bears
South 16 degrees 18 minutes 03 seconds East, a chord distance of 175.42 feet to a 5/8 inch iron
rod found at the end of said curve;
South 00 degrees 15 minutes 00 seconds East, a distance of 319 .89 feet to the point of beginning
and containing 126,924 square feet or 2.914 acres ofland.
EXHIBIT A I I
TRACT 3:
PART of Lot 6, Block 19/6959 of Kimball Estates No. 2, an addition to the City of Dallas, in
Dallas County, Texas, according to the plat thereofrecorded in Volume 68076, Page 1910 of the
Deed Records of Dallas County, Texas.
BEGINNING a 5/8 inch iron rod found at the intersection of the North line ofW. Ledbetter Drive,
(a variable width public Right of Way) with the West line of Altoona Drive, (a 60 foot public Right
of Way), said point being North 00 degrees 15 minutes West, a distance of 3.38 feet from the
Southeast comer of said Lot 6;
THENCE North 84 degrees 50 minutes 00 seconds West, along the North line of said Ledbetter
Drive, a distance of 276.00 feet, said point being North 00 degrees 15 minutes West, a distance of
28.39 feet from the Southwest comer of said Lot 6, a 1/2 inch iron rod found for comer;
THENCE North 00 degrees 15 minutes 00 seconds West, along the West line of said Lot 6, a
distance of 381.61 feet to a 5/8 inch iron rod found for the Northwest comer of said Lot 6;
THENCE North 89 degrees 58 minutes 20 seconds East, along the common line of said Lots 5
and6, a distance of 274. 79 feet to a 5/8 inch iron rod found in the West line of said Altoona Drive
for the Northeast comer of said Lot 6;
THENCE South 00 degrees 15 minutes 00 seconds East, along the said West line of said Altoona
Drive, a distance of 406.62 feet to the POINT OF BEGINNING and containing 108,380 square
feet or 2.488 acres of land, more or less.
EXHIBIT A