TR 8A-12 ABST 95 W B ADAMS
Bedrooms
Bathrooms
Sq Ft
Year Built
TENESHIA HUDSPETH, COUNTY CLERK, HARRIS COUNTY, TEXAS FRCL-2025-7338 FILED 10/9/2025 9:35:34 AM otice of Substitute Trustee Sale F25-00261 TX 7006.01.01
Date, Time, and Place of Sale - The sale ie held: at the following date, time and place: Date: 11/04/2025 Time: The sale will begi than 10:00AM or no later than three hours thereafter. The sale will be completed r 1:00 PM. (Attention all bidders: cashier’s checks must be made payable to Assured der’ Services, Inc.) Harris County, TX at the following location: The Bayou City Event Center, olia Sou it Rd, Houston, TX_77045, OR IF THE PRECEDING AREA [ATED AREA, AT THE AREA DESIGNATED BY THE ‘T, =PURSUANT TO SECTION 51.002 OF THE TEXAS Place:
Property To Be Sold - The property to be sold is descri Legal Description: See Attached Exhibit “A” Personal Property Description: See Attached Exhibit “B'
APN: 041-051-002-0287 Commonly known as: 20145 E: Instrument to be Foreclosed — The instrument to be foreclos: Security Agreement and Financing Statement, dated 03/11/2010 (1 County Clerk of Harris County, Texas, recorded on 03/19/2010 further modified by that certain Modification of Note and ‘Lien corded on 09/18/2019 as Document No. RP-2019-413813 and further modified by that certain Modification i 10/27/2020 as Document No. RP-2020-518094, in the Official Reco: Records of Harris County, Texas. of Harris County, Texas, of the Real Property
Trustor(s): DIVINE HOLDINGS, LLC, a Original Beneficiary: FIRST NATIONAL BANK : Texas Limited Liability Company /a NATIONAL BANK OF CE Current FAIRVIEW INVESTMENT Loan Servicer: FAIRVIEW INVESTMENT Beneficiary: FUND VI, LP, a Delaware limited. FUND VII, LP, a Delaware partnership artnership Current Patricia Poston, David Poston, Nick Poston, Chris Po dod, Sandy Dasigenis, Substituted Jeff Leva, Steve Leva, Nicole Durrett, Michele Sanders les Trustees: with the Mortgagee. The Mortgage Servicer is authorized to represent the Mortgagee by virtue of a servicing authorized to collect Pursuant to the Servicing Agreement and Texas Property Code §51.0025, the Mortgage Se the debt and to administer any resulting foreclosure of the property securing the above referenced Terms of Sale - The sale will be conducted as a public auction to the highest bidder for c: ject to the provisions of the deed of trust permitting the beneficiary thereunder to have the bid credited to amount of the TENESHIA HUDSPETH, COUNTY CLERK, HARRIS COUNTY, TEXAS FRCL-2025-7338 FILED 10/9/2025 9:35:34 AM
unpaid debt secured by the Deed of Trust at the time of sale. Prospective bidders are strongly urged to examine the applicable property records to determine the nature and extent of such matters, if any. Pursuant to the Deed of T: the beneficiary has the right to direct the Trustee to sell the property in one or more parcels and/or to sell all or only pa of the property. Pursuant to section 51.009 of the Texas Property Code, the property will be sold in “as is, w ” condition, without any express or implied warranties, except as to the warranties of title (if any) provided for unde: deed of trust. Prospective bidders are advised to conduct an independent investigation of the nature is condition of the property. Pursuant to section 51.0075 of the Texas Property Code, the trustee reserves the further reasonable conditions for conducting the sale. Any such further conditions shall be announced before bi opened for the first sale of the day held by the trustee or any substitute trustee. to the provisions of Texas Business and Commercial Code § 9.604 (a) and to include in the non-j pursuant to the power of the sale granted by the deed of trust described in this Notice of Trustee’ property and fixtures described within the loan documents. The present Beneficiary reserves the right as to some or all of said personal property and/or fixtures, or to add additional personal property and/o; election herein expressed, at the present Beneficiary’s sole election, from time to time and any ti property and personal property encumbered by the Deed of Trust will be sold at the sale in provisions of the Deed of Trust and as permitted by section 9.604(a) of the Texas Business Obligations Secured - The Deed of Trust provides that it secures the pay therein described (collectively the “Obligations”) including by not limited i note in the original principal amount of $2,015,000.00, executed by DIVINE HOLDINGS, LI imited Liability Company, and payable to the order of FIRST NATIONAL BANK d/b/a NATIONAL BANK OF CE; (2) all renewals and extensions of the note; and (3) any and all present and future indebj of D: Limited Liability Company. FAIRVIEW INVESTMENT FUND owner and holder of the Obligations and is the beneficiary under The sale will be made, but without covenant or warranty, exp’ encumbrances, to pay the remaining principal sum of the N the Deed of Trust, and all of the other associated loan do: interest, late charges, advances, attorneys’ fees and o' ing title, possession, or lawfully owing under the Note, without limitation, all interest, default NOTICE TO POTENTIAL BIDDERS: WE REQ’ CHECK(S) PAYABLE DIRECTLY TO “ASS, ISSUING THE FINAL DEED. FUNDS AT SALE BY CASHIER’S R SERVICES, INC.” TO AVOID DELAYS IN Questions concerning the sale may be di rsigned or to the beneficiary: FAIRVIEW INVESTMENT FUND VIL, LP, a Dela’ ited partnership 707 E Harrison Street Seattle, WA 98102 Rosann Harris Phone: 206-512-8356 Dated: 0 { a pS Patfi¢ia Poston, David Poston, Nick Poston, Chris Poston, Amar Sood, Sandy Dasigenis, Jeff Leva, Steve Leva, Nicole Durrett, Michele Sani or Cherie les
Assured Lende¥ Se: . 111 Pacifica, Suite 140 Irvine, CA 92618 Phone: (714) 508-7373 Fax: (714) 505-3831 a S = z Assured Lender Services, Inc. 111 Pacifica, Suite 140 AFTER RECORDING, PLEASE RETURN TO: Irvine, CA 92618 Attn: Trustee Department O i © 5 SVX4L ‘ALNNOO SINYWH “YTD ALNNOD ‘H.LAdSGNH VIHSSNAL \ 8EEL-GCOC-1D ad WY vE:SE:6 SZ0Z/6/0T GATl4 TENESHIA HUDSPETH, COUNTY CLERK, HARRIS COUNTY, TEXAS FRCL-2025-7338 FILED 10/9/2025 9:35:34 AM
EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY 1.0726 acres, more or less, out of the Wherry B. Adams Survey, Abstract 95, Harris County, Texas, and being the same tract of land described in deed to Vinod C. Tapiavala, filed under Clerk's File No. T-353885, Harris County, Texas, said 1.0726 acre tract being more particularly described as follows: Commencing atthe intersection ofthe east right of way line of Highway 59 North (350 feet wide) with the south right of way line of Eastway Village Circle (60 feet wide); THENCE S 68° 21' 30" E, along the south right of way line of Eastway Village Circle, a distance 569 feet to a beginning point of a curve to the right;
THENCE Southeasterly, along the southerly right of way line of Eastway Villa; curve to the right, having a radius of 31 feet, arc length of 48.70 feet, chor i E, chord distance of 43.84 feet to a point of tangency; THENCE § 21° 38' 30" W, along the westerly right of line of Eastway Village Circle, a distance of 111 feet to an iron rod for the southeast er ct described in deed to Humble Central, L.P., filed under Clerk's File No. T-22621 is , Texas, the northeast comer of the herein described tract and Place of, ing; :
THENCE, S 21° 38' 30" W,along the west ght of way line of Eastway Village Circle, a distance of 239.61 feettg ax iron rod outheast comer of the herein described tract and the northeast comer of 4 tract desc: in deed to Landry's Crabshack, Inc., filed under Clerk's File No. T-114947, Cc > 21' 30" W, along the north line of Landry's Crabshack, Inc. tract, a distance of 195 rod for the southwest comer of the herein described tract and the southeast comer of a séiibed indeed to Halle-Von Voigtlander, filed under Clerk's FileNo. L045468, Harris , Texas; THENCE N 21° 38' 30" E, along the east line of the Halle-Von Voigtlander tract, a distance of 239.61 feet to an iron rod for the northwest comer of the herein described tract and the most southerly southwest comer of the Humble Central, LP. tract; THENCE S 68° 21' 30" E, along a southerly line of the Humble Central, L.P. tract, a distance of 195 feet to the Place of Beginning and containing 1.0726 acres of land, more or less. SUBJECT TO priorreservations or conveyances ofthe oil, gas and other minerals by prior owners of record; existing oil and gas leases; existing lease agreements; and all covenants, conditions, resirictions, reservations, easements and rights-of-way affecting the above described property and appearing of record in the office of the County Clerk of Harris County, Texas, or apparent upon the ground. TENESHIA HUDSPETH, COUNTY CLERK, HARRIS COUNTY, TEXAS FRCL-2025-7338 FILED 10/9/2025 9:35:34 AM EXHIBIT “B” PERSONAL PROPERTY DESCRIPTION OF COLLATERAL
sitged but'not defined herein shalt have the seme meanings:ascribed'to them in the Deed of Trust gonourently herewith between Debtor; as Debtor, end Seoured ‘Party, as Secured Party (the st to.ffie real property described on EXHIBIT A ard recorded in the coutity where siith reat intenances, improvements, equipment, machinery,,fixtures, goods, accounts,. general ples; ccounis, instruments.and:chaitel paper, and all other personal property of every:kind and description, whether n sting or hereafter:acqnired, now or-at-any'time hereafter attached.to, etected upon, situated in or upon; forming a,part of; appurtenant to, used or-usofull in-the construction or operation of or in connection with, or arieing fromthe use or enjoyment of.all or any portion of, or from-ariy lease or agreement pertaining to, the real property - Sey without limitation 1 All biifldings, structures and i ments-now logdted of later to be.coristructed.on the-Premises (the.
2 All existing and futire inohiding all minerals, oil, dioxide; helium and-other va any part of the Premises, all"development- riparian, appropriative-or-otherwise, and lying ‘in the streets, rodds or aver Improvements; together with 3. Allexisting and future leases,, subleases, (‘KLeases") relating to thévuse and:enj any and-all guarantles:and other agreement together with ivileges; easements; franchises and’ tenements of fhe Premises, - ons:and associated .sibstances, sulfix, nitrogen, carbon ble substances which may be in, under. or produted from and credits, -air‘rights; water, water rights (whether not appurtenant):and water‘stock, and sny Premises ér proposed, in front of-or adjoining the Preniises and $. All goods, materials, supplies, chatteli, flunitire, fixtures, attached to, placed in-or on, or used in copnection with the dist, enjoyment or any part of the Premiges-and Improvements, whether stored om the pumping. planta, engines, pipes, ditohes and flumes;.andialso all gas; air-conditioning, ligtiting, refrigeration and plumbing fixtures.and
6. All building materials, equipment, work in, process or, other, personal prope on the: Premises‘ or elsewhere, which have been or later will be: acq deiiiered to, incorporatediinto or installed in or about'the Premises or Impro 7. All of Debtor's interest in and to all operating accousits, theloan finds; whe reserves reqilired:by Seouied Party, and dy other bank acoousjts of Debtor; topett ‘8. All riphts-to the payment of money, accounts, -accomts recéivablé, reservés, deferre cost savings, payments and deposits, whether now'or later to be-recel¥ed fiom third eamest money sales deposits) ar deposited -by:Debtor with third parties (including all utility TENESHIA HUDSPETH, COUNTY CLERK, HARRIS COUNTY, TEXAS FRCL-2025-7338 FILED 10/9/2025 9:35:34 AM 10. i. 12, -hazardior-casualty insurance policies: zandiall condemnation:awards;or payments EXHIBIT “B” CONTINUED contract rigtits, deyelopment abd use rights, governmental permits end licenses, applications, architectural and enginesring plans, ‘specifications and drawings, as-built drawings, chattel instrumenis, documents, notes, drafts and letters of credit (other than letters of-credit in favor Party), which arise from. or-rélate to constriction on the Premises:or to-any businessmow conducted on it, or to the Premises and Improvements generally and any builder's or warranties with respect thereto; together with All insurance policies pertaining to tlie Promises and alt proceeds, inclixding all ¢ for them, of the voluntary or involuntary conversion of any of the Premisés, Inipt property described atiove‘into cash or liquidated claims, including proceeds of
them, on breack of warranty in connestion with the constrnotion of th ; action.arising in:tort, contract, fraud.or concealment of'a material fac Al: EBebtor’s right; title and interest in and to-any st-rate-agreement or interest mate hedging program through tle purchaseiby Dal |Party offen inteeal rate swap, cap,or ute dprecion? al wether now or (a BETeLME -any-such arrangement, an “Enterest er Debtor with ‘respect: to the Loan, e-to Debtor, any‘deposit account or accounts OS t of payments to. Debtor in comnestion with ‘or-hereafter entered into-relating to the cénstrnotion, e-of the. Premises or Improvements, (ii) any and ‘all ii Ge) all wale names, trademarks, Jogos ont efher steals soed to identify or edvertise;.cf o clating to the Prentises or, Improvements, and (¥) all building permits,. governmental permits, licenses; vatiances, conditional or-specia] use permits, and other, authorizations now or a” hereafter issued ‘in connection with the: construction, development, ownership, operation, agement, leasing or use of the Premises or Improvements, to the fuilest extent that the sams or-any” ty Be legally assigned-by Debtor; together with Oe ight, title, and interest in and to any.and.ail units, destarant rights; and any other-rights: emises-or to Improyenients, whether now existing or subsequently arising, tmder any 3 ceting or subsequently arising telating.to condominiums; together with ke-and reeords-pertaining to any and ell of the property described above, incinding compuiter-. bie memory-and: any computer hardware or software necessary to:eccess: -end.process suoh memory ooks and Records’); together with All proceeds of, additionsiendiacorations to, substitutions and.replacements for, and:shanges Imany of the: property deseribed‘ebove,
The filing of this financing statement shall not be-construed to derogate from-or impair the lien or provisions:of the Deed of Tnist with-respect tovany property ‘described therein that is real propeity or that the-parties have agreed to treat-as-real, property. Nothing in,this-financing statement shail be constnied to alter any of the tights-of Seouzed Party as determined by suoh Deed of Trust or the priority of Secured Party's lien created thereby, and: this:financing.statemerit'is TENESHIA HUDSPETH, COUNTY CLERK, HARRIS COUNTY, TEXAS FRCL-2025-7338 FILED 10/9/2025 9:35:34 AM EXHIBIT “B” _ declared to be for the protection of Seciired Party jn the event atiall at anytime hold thatmotice of Secured Perty’s priority of interest. in any property or interests describ; against 9 particuler class of persons, inctuding,, but, not Jimi fee, be filed inthe office wherein this financing stafment is filed: that nelther the foregoing grant of a:securityinterest nor the way-derogating, the partied’ hereby stated intention that everythin the:-Land'or adapted for tise therein or that is.described.or reflec! shall'be reganted for. all porposes: es part of the-Land and sha
ip or-and: Secured Party acknowledge and agree inancing-statement shall'be construed as in'any dino Hon with the.produotion of income from. : 5 UCC Finaneing Statement is and atall times est extent dllowed by law, be:treated as real ° = bn] S bn] a kl S —
Appraised Value
$1,402,426
Default Amount
$2,015,000
Potential Savings: -$612,574
Auction Date
November 4, 2025
Foreclosure Type
mortgage
Current Owner
DIVINE HOLDINGS LLC
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