712 PINEMONT DR 88

TRS 21 & 21D ABST 94 S W ALLEN

TENESHIA HUDSPETH, COUNTY CLERK, HARRIS COUNTY, TEXAS FILED 10/13/2025 10:09:02 AM
FRCL-2025-7518




Assert and protect your rights as a member of the armed forces of the United St: are or your spouse is serving on active military duty, including active mili member of the Texas National Guard or the National Guard of another state of a reserve component of the armed forces of the United States, please s of the active duty military service to the sender of this notice immediate NOTICE OF SUBSTITUTE TRUSTEE’S SA, STATE OF TEXAS §






§ COUNTY OF HARRIS § Date: October 10, 2025 Borrower: -
TRIARC ASSET 6 s limited partnership Borrower’s Address: ston, Texas 77019 Holder/Beneficiary: UST, a Delaware statutory trust, in its Holder/Beneficiary’s i i i ices, LLC Address: Substitute Trustee: Jam h, Patricia Poston, David Poston, Nick : is Poston, Amar Sood, Sandy Dasigenis, Jeff Leva, Ste icole Durrett or P. Kyle Cheves, and each of . m acting’alone Substitute Trustee’s . New Braunfels Ave. Address: San nio, Texas 78209 -and- 4020 Maple Avenue, Suite 300 Dallas, TX 75219 Deed of Trust: Second Amended and Restated Fee and Leasehold Deed of Trust, Assignment of Rents, Security Agreement and Fixture Filing ' April 3, 2025 - tor: TRIARC ASSET 6 LP, a Texas limited partnership
 TENESHIA HUDSPETH, COUNTY CLERK, HARRIS COUNTY, TEXAS FRCL-2025-7518 FILED 10/13/2025 10:09:02 AM c Benefigi MIDCAP FUNDING LVII TRUST, a Delaware statutory trust, in its capacity as agent for Lenders Trust John T. Duncan HI Secures: ” Credit-and Security Agreement, dated as of September 17, 2021, ; in the maximum: principal amount of Nineteen Million Five undred Fifty and 00/100 Dollars ($19,550,000.00), as ended by First Amendment to Credit Agreement, dated as of January 1, 2023, Second Amendment to Credit Agreement, dated as of September 21, 2023, Third Amendment to Credit ment, dated as of December 11, 2024, and Fourth : mendment to Credit Agreement, dated as of April 3, 2025, sently owned and held by Holder . Recording: ., Rec the Official Public Records of Harris County, Texas ecords”) as Document Number RP-2025-122923 Property: 11 roperty and interests of Borrower in the Deed of Tr description of the real property is, for the sake of convenienceé’only, described on Exhibit A attached hereto and for all purposes; however, the description of the leasehold ty and interests in the Deed of Trust will of any conflict or any deficiency in such’ contained in this Appointment of - Substitute







Trustees, it bein; intent that the “Property”, for all purposes hereof, m Id property and interests of Borrower described in th of Trust. : Foreclosure Sale: Date of Sale: Tuesday, November.4, 2025 - Time.of Sale: - The sale of the Property will take place between the hours of 10:00 a.m. and 1:00 p.m. local time; the earliest time at which - the sale will take place is 10:00 a.m., and the sale will begin within three hours thereafte: Place of Sale: THE BAYOU CITY EV) CENTER, MAGNOLIA SOUTH BALLROOM, LOCATED‘AE. 940 GHT RD, HOUSTON, TX 77045 OR AS DESI Y THE COUNTY: COMMISSIONER'S OFFIC Holder has appointed James L: Hollerbach, Patricia Poston, Chris Poston, Amar Sood, Sandy Dasigenis, Jeff Leva, Steve Le

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 FRCL-2025-7518 FILED 10/13/2025 10:09:02 AM TENESHIA HUDSPETH, COUNTY CLERK, HARRIS COUNTY, TEXAS
of the Texas Property Code. Default has occurred pursuant to the provisions of the Deed of Trust and other documents relating to the indebtedness evidenced by the Note. The indebtedness ~ evidenced by the Note has matured or has been accelerated and is now wholly due. Holder has ' instructed Substitute Trustee to sell the Property toward the satisfaction of the Note. The Deed of Trust encumbers both fee and leasehold property. Notice is hereby given of Holder’s election to proceed against and sell all of the leasehold property and interests described in the Deed of Trust in accordance with the Holder’s rights and remedies under the Deed of Trust and Section 9.604 of the Texas Business and Commerce Code. For avoidance of doubt, t property shall not be sold in connection with this sale and the Deed of Trust will remai and of record for the fee property described in the Deed of Trust.




Notice is hereby given that on the Date of Sale, at the Time of Sale, Sub offer the Property for sale at public auction at the Place of Sale, to the highest b ash, “AS IS” and further subject to any valid leases to the Property or any portion fhereof, ases shall not terminate as a result of the sale. THERE WILL BE NO WARRANTY RELATING TO TITLE, POSSESSION OR QUIET ENJOYMENT OR THE LIKE FOR THE P (AL PROPERTY INCLUDED IN THE SALE. Holder may bid by credit against the indebtedness evidenced by the Note and ‘secured by the Deed of Trust. The Substitutg:Jrustee conducting the Foreclosure Sale it the highest bidder (if other than Holder) to produce cash to pay the purch: he sale may be resumed if the bidder fails to produce cash to pay the pu: j such time period, provided in any



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 TENESHIA HUDSPETH, COUNTY CLERK, HARRIS COUNTY, TEXAS FRCL-2025-7518 FILED 10/13/2025 10:09:02 AM
, Substitute Trustee
STATE OF TEXAS Zz p § Gatvestan § COUNTY OF HARRIS 8 Subscribed and sworn to before me, the undersigned authority, on this_/3 day of October 2025, personally appeared ks fASTON , the Affiant and Substitute Trustee. Notary Public, State. of Texas











DAVID W POSTON lotary Public, State of Texas, Comm. Expires 04-18-2029 Notary ID 129393869 ission expires: zZ After recording return to: ] V I P. Kyle Cheves Polsinelli PC I a 4020 Maple Avenue, Suite 300


Dallas, TX 75219 106398680.2

 FRCL-2025-7518

TENESHIA HUDSPETH, COUNTY CLERK, HARRIS COUNTY, TEXAS FILED 10/13/2025 10:09:02 AM | THENCE SOUTH 89 DEGREES 24 Mi OF SAID 24,7 ACRE TRACT, A DISTAI _THE DEED RECORDS OF HARRIS c
BEING A 1.9087 ACRES (83,013 SQUARE OR PARCEL OF LAND, MORE OR ' LESS, IN THE S.W. ALLEN SURVEY, A-94, | COUNTY, TEXAS, AND BEING THE - SAME PROPERTY DESCRIBED IN GENERAL NTY DEED RECORDED IN VOLUME 3387, PAGE 236, OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY MET: DS AS FOLLOWS: (BEARING BASIS IS THE NORTH RIGHT-OF-WAY OF PINEM VE BEING NORTH 90 DEGREES 00 MINUTES 08 SECONDS WEST) - BEGINNING AT A 5/8 INCH IRON BOD FOUND 243.15 FEET = WEST OF THE INTERSECTION OF THE NORTH LINE T DRIVE (0 FEET WIDE) WITH THE ' WEST LINE OF NORTH SHEPHERD Di a T WDE); THENCE NORTH 90 DEGREES 60 MIN ONDS WEST, ALONG THE NORTH LINE OF PINEMONT DRIVE, A DISTANCE 0) ‘ TO A5/8 INCH IRON ROD FOUND FOR THE SOUTHWEST CORNER, BEING THE SO’ ST CORNER OF A CALLED 1.435 ACRE TRACT DESCRIBED IN DEED RECORDED IN 4OLERKS FILE NO. 20130087655 OF THE OFFICIAL REAL PROPERTY RECO OF HARRIS COUNTY, TEXAS; THENCE NORTH 00 DEGREES 42 ME SONDS WEST, ALONG THE EAST LINE OF SAID 1.435 ACRE TRACT, FOR A ANCE OF 371.70 FEET TO A Sil INCH IRON ROD FOUND IN THE SOUTH LINE OF THAT.CERTAIN CALLED 24.7 ACRE TRACT RECORDED IN VOLUME 3149, PAGE 455 OF THE RDS OF HARRIS COUNTY, TEXAS; 'ONDS EAST, ALONG THE SOUTH LINE OF 224.41 FEET TO A 5i8 INCH IRON ROD FOUND FOR THE NORTHEAST CORNER IN OF A 40 FOOT WIDE COUNTY ROAD; THENCE SOUTH 00 DEGREES 36 27 SECONDS EAST, WITH THE WEST LINE OF






. SAID 40 FOOT COUNTY ROAD, A DISTANCE OF 369.39 FEET TO THE POINT OF BEGINNING AND CONTAINING 1.9057 ACRES (83,013 SQUARE FEET) OF LAND, MORE OR _ LESS. PARCEL By BEING A 81695 ACRE, (7,384 SQU. TRACTOR PARCEL OF LAND, MORE OR a8 COUNTY, TEXAS, AND BEING THE ROAD AS RECORDED IN VOLUME 572, PAGE 566 OF , TEXAS, AND LATER ABANDONED IN,








HARRIS COUNTY COMMISSIO RY UNDER VOLUME 17, PAGE 581, AND BEING MORE PARTICULARLY DESCRI IETES AND BOUNDS AS FOLLOWS: (BEARING - BASIS IS THE NORTH RIGHT-OF- EMONT DRIVE BEING NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST) 106398680.2  TENESHIA HUDSPETH, COUNTY CLERK, HARRIS COUNTY, TEXAS FRCL-2025-7518 " ‘THENCE NORTH 00 DEGREES 16 FILED 10/13/2025 10:09:02 AM





43 FOOT ROAD ON THE NORTH RIGHT-OF- . RIGHT-OF-WAY) FROM SAID POINT, A EES 42 MINUTES EAST, 0.80 FEET; WAY LINE OF PINEMONT STREET (8 FOUND FENCE POST BEARS NORTH 40 THENCE ALONG THE NORTH RIG! INE OF PINEMONT STREET NORTH 90 DEGREES 60 MINUTES 00 SECOND: ISTANCE OF 20.00 FEET TO A 5/8 INCH IRON ROD FOUND AT THE SOUTHEA! R OF A CALLED 1,9057 ACRE TRACT; THENCE NORTH 00 DEGREES 36 ES 2 NDS WEST, ALONG THE EAST LINE OF SAID 1.905 ACRE TRACT AND WEST. LINE OF SAID 40 FOOT ROAD RIGHT-OF- WAY, A DISTANCE OF. 369.39 FRE’ INCH IRON ROD FOUND FOR THE - NORTHWEST CORNER; , THENCE SOUTH 89 DEGREES 24 MINUTES 36 SECONDS EAST, ACROSS SAID 40 FOOT ROAD RIGHT-OF-WAY, A DISTANCE OF 20,00 FEET TO THE CENTER LINE OF SAID 40 FOOT WIDE ROAD AND THE WEST LINE. OF ED 0.788 ACRE TRACT AS RECORDED IN HARRIS COUNTY CLERK'S FILE NO, mrs FROM SAID POINT A FOUND FENCE CORNER BEARS NORTH 83 DEGRE iS WEST, 1.09 FEET; THENCE SOUTH 00 DEGREES 36 MINUT: ‘CONDS EAST, ALONG THE CENTERLINE OF SAID 49 FOOT ROAD RIGHT. THE WEST LINE OF SAID 0.788 ACRE TRACT, A DISTANCE OF 369.18 FEE POINT OF BEGINNING AND CONTAINING 0.1695 ACRES (7,384 SQUARE FEET) OF ORE OR LESS.
1.653 ACRES OF LAND (CALLED 1.65403 AC! DESCRIBED IN A DEED DATED MAY 5, 1993 TO WOODGLEN, INC. AND ‘ORDER IN HARRIS COUNTY CLERK'S FILE NO, P220266, AND LOCATED IN THE N SURVEY, ABSTRACT NO. 94, HARRIS COUNTY, TEXAS, SAID 1,653 AC F LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: (BEARING BASIS IS THE NORTH - RIGHT-OF-WAY OF PINEMONT SOUTH 89 DEGREES 54 MINUTES 49 SECONDS WEST); ‘ (BASED ON A 80.00 FOOT WIDE “WAY), WITH THE EAST RIGHT-OF-WAY LINE OF BRINKMAN STREET (BASED OT WIDE RIGHT-OF-WAY); THENCE NORTH 89 DEGREES 54. MINUTES 49 SECONDS EAST, ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID PINEMONT DRIVE, A DISTANCE OF 203.53 FEET (CALLED 206.00 FEET) TO A 5/8 IN 1D FOUND FOR THE PLACE OF BEGINNING OF THE HEREIN DESCRIBED - COMMENCING AT A POINT IN agra LINE OF PINEMONT DRIVE rT








09 SECONDS WEST, A DISTANCE OF 371,27 FEET (CALLED 371.09 FEET) TO A RON ROD FOUND FOR CORNER; THENCE SOUTH 89 DEGREES 40 MIN FEET (CALLED 194,18 FEET) TO ES 00 SECONDS EAST, A DISTANCE OF 194.01, ON ROD FOUND FOR CORNER; -2 106398680.2
 TENESHIA HUDSPETH, COUNTY CLERK, HARRIS COUNTY, TEXAS FRCL-2025-7518 FILED 10/13/2025 10:09:02 AM ~ THENCE SOUTH 00 DEGREES 21 MINUTES 23 SECONDS EAST, A DISTANCE OF 369.36 PEET (CALLED 369.94 FEET) TO A 1/2 INCH IRON ROD FOUND FOR CORNER IN THE ' NORTH RIGHT-OF-WAY LINE OF SAID PINEMONT DRIVE; THENCE SOUTH 39 DEGREES 54 MINUTES 49 SECONDS WEST (CALLED SOUTH 89 ‘DEGREES 59 MINUTES 35 SECONDS WEST), ALONG THE NORTH RIGHT-OF-WAY LINE, OF SAID PINEMONT STREET, A DISTANCE OF 194.58 FEET (CALLED 194,75 FEET) TO THE PLACE OF BEGINNING OF THE HEREIN DESCRIBED TRACT AND CONTAINING WITHIN THESE CALLS 71,996 SQUARE FEET OR 1.653 ACRES OF LAND, MORE OR LESS. TRACT WN - 5116 Alba Road. Hon: 8: All of Pinemont Village Apartments, a subdivision in Harris County, Texas, acearding to the map or plat thereof recorded in Volume 165, Page 121, of the Map Records of Harris County, Texas, Pp. LD; Voy f) A-3 106398680.2