1004 HACKBERRY RD

MACARTHUR MARKET PLACE REV BLK A LT 1R.1 ACS 0.0229

NOTICE OF SUBSTITUTE TRUSTEE'S SALi;
STATE OF TEXAS
COUNTY OF DALLAS §
§
§ LUDJ 0c~ ! b {'.ri !!= 3 !
WHEREAS, Pasmaa Theater, LLC and Pasmaa Theater Investment, LLC (the
"Grantors"), executed a Deed of Trust with Security Agreement and Assignment of Rents
dated May 30, 2018 and recorded on or about June 1 2018 in the Official Public Records
of Real Property of Dallas County, Texas (the "Records") under Clerk's File No.
201800143525 (together with all other extensions, modifications, and renewals, referred
to hereinafter as the "Deed of Trust").
WHEREAS, the Grantors, pursuantto the Deed of Trust, conveyed to Thomas K.
Wilds (the "Original Trustee") for the benefit of Cadence Bank, the successor by merger
to BancorpSouth Bank, and its successors and assigns (the "Beneficiary"),all of the real
property, personal property, and all other premises described and referred to in the Deed
of Trust (the "Mortgaged Property"), including the following described real property,
together with all buildings, structures, and other improvements, located in Dallas County,
Texas:
Tract 1: .
Lot 1 R, Block A of MACARTHUR MARKET PLACE, REVISED, A REPLA T OF
LOT 1, BLOCK A, an addition to the City of lrving,·Dallas County, Texas, according
to the plat map thereof recorded in Volume 2000111, Page 622, Map Records,
Dallas County, Texas.
Tract 2: (Easement Estate)
Easement Estate as created in Easements with Covenants and Restrictions
Affecting Land dated April 28, 1999, by and between JON Development
Investment L.P., a Georgia limited partnership and Wal-Mart Real Estate Business
Trust, a Delaware business trust, filed April 30, 1999, recorded in Volume 99084,
Page 7143, Deed Records, Dallas County, Texas and as affected by instrument
recorded under Clerk's File No. 201700358369, Real Property Records, D'allas
County, Texas.
Tract 3: (Easement Estate) .
Easement Estate as created in Reciprocal Easement and Restrictive Covenant
Agreement dated August 28, 2017, by and between BRE DOR MACARTHUR
MARKETPLACE, LLC, a Delaware limited liability company and Forest Hill
Lodging, Inc., a Texas corporation, filed August 29, 2017, recorded under Clerk's
File No. 201700245160, Real Property Records, Dallas County, Texas and as
affected by Instrument recorded under Clerk's File No. 201700358368, Real
Property Records; Dallf1s County, Texas.
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4853274 WHEREAS, the Deed of Trust secures payment of that certain Promissory Note
dated May 30, 2018, executed by Granters, as the Borrowers, and payable to the order
of Beneficiary, in the original principal sum of SIX MILLION EIGHT HUNDRED TWENTY­ FIVE THOUSAND AND NO/100 DOLLARS ($6,825,000.00) (collectively and together
with all other extensions, modifications , and renewals, referred to hereinafter as the
"Note");
WHEREAS, Beneficiary is the current legal owner and holder of the Deed of Trust
and the indebtedness secured by the Deed of Trust (the "Indebtedness"), and at the
option of the Beneficiary, with or without any reason, one or more successor substitute
trustee(s) may be appointed by Beneficiary without any formality other than a designation
in writing of a successor or substitute trustee, who shall thereupon become vested with
an succeed to all the powers and duties given to the Original Trustee named under the
Deed of Trust and by applicable ·1aw, the same as if the successor or substitute trustee
had been named original Trustee in the Deed of Trust;
WHEREAS, the Beneficiary has named, constituted and appointed in writing
Shelley Ortolani, Mary Mancuso, Michele Hreha, Francesca Ortolani, Guy Wiggs, David
Stockman, Brenda Wiggs, Donna Stockman, Kathy Arrington, Janet Pinder, Brandy
Bacon, Michelle Schwartz, Jamie Dworsky, Angela Cooper, and/or Jeff Benton, as
Substitute Trustees, each with the power to act independently (and without the joinder of
the others) under and by virtue of the Deed of Trust and to hold possess and execute all
the powers and duties conferred upon the Original Trustee in the Deed of Trust and by
applicable law;
WHEREAS, the Borrowers have defaulted in the payment of the Indebtedness,
notice has been given to the Grantors by certified mail, return receipt requested, stating
that Grantors are in default, and the Grantors were given an opportunity to cure the default
prior to acceleration of the Indebtedness, but the default has not been cured;
WHEREAS, the proceeds of the Note were used for commercial purposes, and the
Mortgaged Property was not to be used by the Granters for residential purposes;
WHEREAS, the Beneficiary has called upon and requested either or any of Shelley
Ortolani, Mary Mancuso, Michele Hreha, Francesca Ortolani, Guy Wiggs, David _
Stockman, Brenda Wiggs, Donna Stockman, Kathy Arrington, Janet Pinder, Brandy
Bacon, Michelle Schwartz, Jamie Dworsky, Angela Cooper, and/or Jeff Benton, as
Substitute Trustees, to perform the Trustee's duties under the Deed of Trust and to:post,
mail and file, or have posted, mailed, and filed, notice and to sell the Mortgaged Prdperty
without prejudice and without creating an election not to proceed against any .other
collateral securing the obligations of the Granters to the Beneficiary, and without wc;1iving
any rights or remedies which the Beneficiary has against the Grantors or any other parties
obligated for payment of the Indebtedness;
• NOW THEREFORE, the undersign@d Substitute Trustee. at the request of the
Beneficiary, hereby gives notice that after due posting of this Notice as required by the
Deed of Trust and law, a Substitute Trustee will sell on October 7, 2025 (that being the first Tuesday of said month, as provided for in Texas Proporty Codo Soc_ 51 _002) on the
north side of the George Allen Courts Building facing Commerce Street below the
overhang, or if the preceding area is no longer the designated area, at the area most
recently designated by the County Commissioner's Court, the sale to begin no earlier
than 1 :00 o'clock p.m. and no later than three (3) hours after such time, the Mortgaged
Property, including without limitation, all personal property described in the Deed of Trust,
owned by the Grantors, Grantors' heirs, legal representatives, successors and assigns,
and originally covered by the Deed of Trust, whether or not herein specifically described.
THE SALE OF THE PROPERTY IS "AS IS" AND "WHE;RE IS" AND WITHOUT
REPRESENTATION OR WARRANTY OF ANY KIND BY THE SUBSTITUTE TRUSTEE
OR HOLDERS OF SAID INDEBTEDNESS, EXPRESS, IMPLIED, STATUTORY,
QUASI-STATUTORY OR OTHERWISE, ANY WARRANTY OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE BEING EXPRESSLY DISCLAIMED.
NEITHER THE HOLDER NOR THE TRUSTEE OR SUBSTITUTE TRUSTEE MAKES
ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE
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(S).
WITNESS BY HAND this \ lo day of September, 2025.
m,ChtleJke.ha 'Substitute Trustee
STATE OF TEXAS §
§
COUNTY OF DALLAS §
Th~.~~~:t ~"_ acknowledged before me on the ~y of September,
2025, by LJ_)\{~e, tD(FXJ IL , Substitute Trustee.
,,,1111,,, u1cHElLE SHELLEY 0RT0LANI
''tf-.YPt,, 1, m .lo"..ji,······~~ Notary Public, State of Texas ~-2:• •o- ;.:,t J:,E Comm. Eiqjires 04-03--2028
~'JI,.'· .. •ff... •• ~J~·ot~,,.:- -Notary ID 90421 ,,,,n,'' Name and Addre5s of Substitute Trustees:
Shelley Ortolani
Foreclosure Network of Texas
10406 Rockley Road
Houston, Texas 77009
Mary Mancuso
Foreclosure Network of Texas
10406 Rackley Road
Houston, Texas 77009
Michele Hreha
Foreclosure Network of Texas
10406 Rackley Road
Houston, Texas 77009
Francesca Ortolani
Foreclosure Network of Texas
10406 Rockley Road
Houston, Texas 77009
Guy Wiggs
Foreclosure Network of Texas
10406 Rackley Road
Houston, Texas 77009
David Stockman
Foreclosure Network of Texas
10406 Rackley Road
Houston, Texas 77009
Brenda Wiggs
Foreclosure Network of Texas
10406 Rackley Road
Houston, Texas 77009
Jeff Benton
Foreclosure Network of Texas
10406 Rackley Road
Houston, Texas 77009 Donna Stockman
Foreclosure Network of Texas
10406 Rackley Road
Houston, Texas 77009
Kathy Arrington
Foreclosure Network of Texas
10406 Rackley Road
Houston, Texas 77009
Janet Pinder
Foreclosure Network of Texas
10406 Rockley Road
Houston, Texas 77009
Brandy Bacon
Foreclosure Network of Texas
10406 Rackley Road
Houston, Texas 77009
Michelle Schwartz
Foreclosure Network of Texas
10406 Rackley Road
Houston, Texas 77009
Jamie Dworsky
Foreclosure Network of Texas
10406 Rackley Road
Houston, Texas 77009
Angela Cooper
Foreclosure Network of Texas
10406 Rackley Road
Houston, Texas 77009