447 W MOCKINGBIRD LN

NOTICE OF SUBSTITUTE TRUSTEE'S SALE
AND APPOINTMENT OF SUBSTITUTE TRUSTEE
DEED OF TRUST: Deed of Trust, Assignment of Leases and Rents, Security Agreement and
Fixture Filing (together with any and all modifications or amendments, the "Deed of Trust")
described as follows:
Date: July 1, 2024
Grantor: SIL VER STAR CRE, LLC, a Delaware limited liability company and
SILVER STAR CRE II, LLC, a Delaware limited liability company.
Original W. BRIAN MEMORY
Trustee: 5830 Granite Parkway, Suite 1000
Plano, Texas 75024
Beneficiary: BSPRT CRE FINANCE, LLC, a Delaware limited liability company.
Recorded: Document No. 202400132472 in the real property records of Dallas County,
Texas.
Real Pro:gertv: The real property located in Dallas County, Texas, more particularly described
in Exhibit A (the "Property") attached hereto and incorporated herein by
reference, together with all improvements; easements; equipment, fixtures, and
personal property; leases and rents; and other rights appurtenant to the real
property, as described in the Deed of Trust, and the other collateral
(collectively, the "Other Collateral') described in the Deed of Trust, Loan
Agreement, and other Loan Documents (as defined in the Loan Agreement).
NOTE A-1: Promissory Note A-1 (together with any and all extensions, renewals, modifications,­ restatements and/or replacements thereof, the "Note A-1") described as follows:
Date:
Maker:
..::t July 1, 2024
SS 201 HIGHWAY 31 NW, LLC, a Delaware limited liability company,
SS 879 HIGHWAY 78, LLC, a Delaware limited liability company,
-o-~ SS 1401 GOLDEN SPRINGS ROAD, LLC, a Delaware limited liability
i-:.t ;:/,~ { company, SS 1800 AIRPORT ROAD, LLC, a Delaware limited liability
~ ~2~E'. . company, SS 300 E F STREET, LLC, a Delaware limited liability company,
N :=:;:;:: c• : SS 819 W MAIN STREET, LLC, a Delaware limited liability company, SS
j 533 N MAIN STREET, LLC, a Delaware limited liability company, SS 17909
_ l BURKE STREET, LLC, a Delaware limited liability company, SS 104
c; .. ! HIGHWAY 52 W, LLC, a Delaware limited liability company, SS 200 W
;:MAPLEWOOD LANE, LLC, a Delaware limited liability company, SS 1300
HAZEL WOOD DRIVE, LLC, a Delaware limited liability company, SS N
168 W 21330 MAIN STREET, LLC, a Delaware limited liability company,
SS 333 PHILLIPS BOULEVARD, LLC, a Delaware limited liability
com an , SS 812 N MAIN STREET, LLC, a Delaware limited liabili
1 company, SS 1401 SPRINGDALE STREET, LLC, a Delaware limited
liability company, and SS 1531 S MADISON ROAD, LLC, a Delaware
limited liability company.
Original BSPRT CRE FINANCE, LLC, a Delaware limited liability company ..
Payee:
Original FORTY-THREE MILLION SIX HUNDRED SIXTY-NINE THOUSAND
Princi12al THREE HUNDRED THIRTY-EIGHT AND 68/100 DOLLARS
Amount: ($43,669,338.68).
NOTE A-2: Promissory Note A-2 (together with any and all extensions, renewals, modifications,
restatements and/or replacements thereof, the "Note A-2") described as follows:
Date: July 1, 2024
Maker: SS 201 HIGHWAY 31 NW, LLC, a Delaware limited liability company,
SS 879 HIGHWAY 78, LLC, a Delaware limited liability company,
SS 1401 GOLDEN SPRINGS ROAD, LLC, a Delaware limited liability
company, SS 1800 AIRPORT ROAD, LLC, a Delaware limited liability
company, SS 300 E F STREET, LLC, a Delaware limited liability company,
SS 819 W MAIN STREET, LLC, a Delaware limited liability company, SS
533 N MAIN STREET, LLC, a Delaware limited liability company, SS 17909
BURKE STREET, LLC, a Delaware limited liability company, SS 104
HIGHWAY 52 W, LLC, a Delaware limited liability company, SS 200 W
MAPLEWOOD LANE, LLC, a Delaware limited liability company, SS 1300
HAZEL WOOD DRIVE, LLC, a Delaware limited liability company, SS N
168 W 21330 MAIN STREET, LLC, a Delaware limited liability company,
SS 333 PHILLIPS BOULEVARD, LLC, a Delaware limited liability
company, SS 812-N MAIN STREET, LLC, a Delaware limited liability
company, SS 1401 SPRINGDALE STREET, LLC, a Delaware limited
liability company, and SS 1531 S MADISON ROAD, LLC, a Delaware
limited liability company.
Original BSPRT CRE FINANCE, LLC, a Delaware limited liability company.
Pavee:
Original FOURTEEN MILLION EIGHTY THOUSAND SIX HUNDRED SIXTY- Princi12al ONE AND 32/100 DOLLARS ($14,080,661.32).
Amount:
Note A-1 and Note A-2 are herein referred to as the "Notes." BSPRT CS LOAN, LLC, a Delaware
limited liability company, and BSP OF FINANCE, LLC, a Delaware limited liability company,
are the current holders of the Notes, Deed of Trust, and other Loan Documents (as defined in the
Loan Agreement).
Default has occurred in the payment of the Notes and in the performance of the obligations of the
Deed of Trust. Because of that default, BSPRT CS LOAN, LLC and BSP OF FINANCE, LLC
have requested Substitute Trustee to sell the Property.
2 FORECLOSURE SALE:
Mortgagee: BSPRT CS LOAN, LLC, a Delaware limited liability company and BSP OF
FINANCE, LLC, a Delaware limited liability company (together, as
successors-in-interest to BSPRT CRE FINANCE, LLC) ("Mortgagee").
Mortgagor: SS 201 HIGHWAY 31 NW, LLC, a Delaware limited liability company,
SS 879 HIGHWAY 78, LLC, a Delaware limited liability company,
SS 1401 GOLDEN SPRINGS ROAD, LLC, a Delaware limited liability
company, SS 1800 AIRPORT ROAD, LLC, a Delaware limited liability
company, SS 300 E F STREET, LLC, a Delaware limited liability company,
SS 819 W MAIN STREET, LLC, a Delaware limited liability company, SS
533 N MAIN STREET, LLC, a Delaware limited liability company, SS 17909
BURKE STREET, LLC, a Delaware limited liability company, SS 104
HIGHWAY 52 W, LLC, a Delaware limited liability company, SS 200 W
MAPLEWOOD LANE, LLC, a Delaware limited liability company, SS 1300
HAZEL WOOD DRIVE, LLC, a Delaware limited liability company, SS N
168 W 21330 MAIN STREET, LLC, a Delaware limited liability company,
SS 333 PHILLIPS BOULEVARD, LLC, a Delaware limited liability
company, SS 812 N MAIN STREET, LLC, a Delaware limited liability
company, SS 1401 SPRINGDALE STREET, LLC, a Delaware limited
liability company, and SS 1531 S MADISON ROAD, LLC, a Delaware
limited liability company.
Date: SEPTEMBER 2, 2025, the first Tuesday of the month.
Time: The sale of the Property will be held between the hours of IO: 00 a.m. and 4: 00
p.m. local time; the earliest time at which the Foreclosure Sale will begin
is 10:15 a.m. and not later than three hours thereafter.
Place: The area designated by the Commissioners Court of Dallas County, Texas,
pursuant to Section 51.002 of the Texas Property Code, or if no such location
is designated by the Commissioners Court, the sale will be conducted at the
place where the Notice of Substitute Trustee's Sale has been posted.
Terms of Sale: The Foreclosure Sale will be conducted as a public auction and the Property
and Other Collateral will be sold to the highest bidder for cash, except that
Mortgagee's bid may be by credit against the indebtedness secured by the lien
of the Deed of Trust. The purchase price is due and payable without delay on
Substitute Trustee's acceptance of the purchaser's bid.
Substitute Jacob Sparks, Esq.
Trustees: Nelson Mullins Riley & Scarborough LLP
5830 Granite Parkway, Suite 1000
Plano, Texas 75024
Email: [email protected]
Brent T. Buyse, Esq.
Nelson Mullins Riley & Scarborough LLP
3 3333 Lee Parkway, Suite 750
Dallas, Texas 75219
Email: [email protected]
Xenna K. Davis, Esq.
Nelson Mullins Riley & Scarborough LLP
5830 Granite Parkway, Suite 1000
Plano, Texas 75024
.· Email: [email protected]
Eva Diaz, Esq.
Nelson Mullins Riley & Scarborough LLP
5830 Granite Parkway, Suite 1000
Plano, Texas 75024
Tracy Kambobe, Esq.
Nelson Mullins Riley & Scarborough LLP
5830 Granite Parkway, Suite 1000
Plano, Texas 75024
Sabrina Focht, Esq.
Nelson Mullins Riley & Scarborough LLP
3333 Lee Parkway, Suite 750
Dallas, Texas 75219
Miranda Granchi, Esq.
Nelson Mullins Riley & Scarborough LLP
1111 Bagby Street, Suite 2100
Houston, Texas 77002
The Deed of Trust may encumber both real and personal property. Formal notice is hereby given
of Mortgagee's election to proceed against and sell both the Property and Other Collateral
described in the Deed of Trust in accordance with Mortgagee's rights and remedies under the Deed
of Trust and Section 9.604(a) of the Texas Business and Commerce Code.
If the Foreclosure Sale does not result in full satisfaction of all indebtedness now due, the lien and
security interest of the Deed of Trust shall remain in full force and effect in respect of any property
not sold at the Foreclosure Sale.
If Mortgagee passes the Foreclosure Sale, notice of the date of any rescheduled foreclosure sale
will be reposted and refiled in accordance with the posting and filing requirements of the Deed of
Trust and the Texas Property Code.
The Foreclosure Sale will be made expressly subject to any title matters set forth in the Deed of
Trust, but prospective bidders are reminded that by law the Foreclosure Sale will necessarily be
made subject to all prior matters of record affecting the Property, if any, to the extent that they
remain in force and effect and have not been subordinated to the Deed of Trust. For the avoidance
of doubt, the Foreclosure Sale will not cover any part of the Property that has been released of
4 public record from the lien and/or security interest of the Deed of Trust by Mortgagee. Prospective
bidders are strongly urged to examine the applicable property records to determine the nature and
extent of such matters, if any.
Pursuant to Section 51.009 of the Texas Property Code, THE PROPERTY WILL BE
SOLD "AS IS," WITHOUT ANY EXPRESSED OR IMPLIED
WARRANTIES, except as to the warranties (if any) provided for under the Deed of Trust.
Prospective bidders are advised to conduct an independent investigation of the nature and physical
condition of the Property.
Pursuant to Section 51.0075(a) of the Texas Property Code, Substitute Trustee reserves the right
to set further reasonable conditions for conducting the Foreclosure Sale. Any such further
conditions shall be announced before bidding is opened for the first sale of the day held by
Substitute Trustee.
NOTICE: 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 SENDER OF TIDS NOTICE
IMMEDIATELY.
TIDS INSTRUMENT APPOINTS THE SUBSTITUTE TRUSTEE{S)
IDENTIFIED TO SELL THE PROPERTY DESCRIBED IN THE SECURITY
INSTRUMENT IDENTIFIED IN THIS NOTICE OF SALE THE PERSON
SIGNING TIDS NOTICE IS THE ATTORNEY OR AUTHORIZED AGENT
OF THE MORTGAGEE OR MORTGAGE SERVICER.
SUBSTITUTE TRUSTEE: Pursuant to the authority of Section 51.0075 of the Texas Property
Code, and in accordance with the terms and conditions of the Deed of Trust, Mortgagee has
appointed Jacob Sparks, Brent T. Buyse, Xenna K. Davis, Eva Diaz, Tracy Kambobe, Sabrina
Focht, and Miranda Gran chi ( each, the "Substitute Trustee"), as the substitute trustees, in the place
and stead of and to succeed to all of the rights, titles, estates, powers, privileges, and authorities
granted in the Deed of Trust to the original trustee and any previously appointed substitute trustees.
The name and address of the Substitute Trustees are as follows:
Jacob Sparks, Esq.
Nelson Mullins Riley & Scarborough LLP
5830 Granite Parkway, Suite 1000
Plano, Texas 75024
Email: [email protected]
5 Brent T. Buyse, Esq.
Nelson Mullins Riley & Scarborough LLP
3333 Lee Parkway, Suite 750
Dallas, Texas 75219
Email: [email protected] Xenna K. Davis, Esq. Eva Diaz, Esq.
Nelson Mullins Riley & Scarborough LLP Nelson Mullins Riley & Scarborough LLP
5830 Granite Parkway, Suite 1000 5830 Granite Parkway, Suite 1000
Plano, Texas 75024 Plano, Texas 75024
Email: [email protected]
Tracy Kambobe, Esq. Sabrina Focht, Esq.
Nelson Mullins Riley & Scarborough LLP Nelson Mullins Riley & Scarborough LLP
5830 Granite Parkway, Suite 1000 3333 Lee Parkway, Suite 750
Plano, Texas 75024 Dallas, Texas 75219
Miranda Granchi, Esq.
Nelson Mullins Riley & Scarborough LLP
1111 Bagby Street, Suite 2100
Houston, Texas 77002
6 IN WITNESS WHEREOF, the Substitute Trustee has signed this Notice of Substitute
Trustee's Sale as of August 12, 2025.
SUBSTITUTE TRUSTEE:
~ sd.
Nelson Mullins Riley & Scarborough LLP
5 83 0 Granite Parkway, Suite 1000
Plano, Texas 75024
Tel: (469) 484-4841
Email: [email protected]
Jacob Sparks, Esq.
Nelson Mullins Riley & Scarborough LLP
5830 Granite Parkway, Suite 1000
Plano, Texas 75024
Tel: (469) 484-4758
Email: [email protected]
Brent T. Buyse, Esq.
Nelson Mullins Riley & Scarborough LLP
3333 Lee Parkway, Suite 750
Dallas, Texas 75219
Tel: ( 469) 484-4962
Email: [email protected]
Eva Diaz, Esq.
Nelson Mullins Riley & Scarborough LLP
5830 Granite Parkway, Suite 1000
Plano, Texas 75024
Tracy Kambobe, Esq.
Nelson Mullins Riley & Scarborough LLP
5 83 0 Granite Parkway, Suite 1000
Plano, Texas 75024
Sabrina Focht, Esq.
Nelson Mullins Riley & Scarborough LLP
3333 Lee Parkway, Suite 750
Dallas, Texas 75219
Miranda Granchi, Esq.
Nelson Mullins Riley & Scarborough LLP
1111 Bagby Street, Suite 2100
Houston, Texas 77002
7 STATE OF TEXAS
coUNTYOF ~o\lir-. §
§
§
This instrument was ACKNOWLEDGED before me on August 12, 2025, by Xenna K.
Davis, known to me to be the person whose name is subscribed to the foregoing instrument.
JESSICA ROSE CANNON
Notary ID #124903186
My Commission Expires L] September 27, 2028
My Commission Expires:
Printed Name of Notary Public
8 Three Forest Plaza
FEE Slr\'1PLE EXHIBIT A
LEGAL DESCRIPTION
Being all of Lot 28, in Block B/7736. of FOREST PLAZA ADDITION. a Subdivision in the
J\Lf. Sanchez Survey Abstract No. 1272. in the City of Dallas, Dallas County. Texas. according
to the Map thereof recorded in Volume 95137, Page 1945, of the l\·fap Records of Dallas County,
Texas.
EASEMENT
Non-exclusive easement rights created pursuant to that Reciprocal Grant of Access Easement
tiled November 6, 1981, recorded in Volume 81218, Page 1774, Real Property Records> Dallas
County, Texas. Together and affected by that Amendment to reciprocal Grant of Easements filed
March 22. 1982, recorded in Volume 82058, Page 98. Real Property Records, Dallas County.
Texas.
EASEMENT
Non-exclusive easement rights created pursuant to that Reciprocal Grant of Access Easements
tiled August 23. )984. recorded in Volume 84167, Page 3825, Real Propeny Records. Dallas
County. Texas.
EASEMENT
Non•cxclusivc rights created in Section 5 A. of that Joint Parking Garage Operation Agreement
tiled August 30, I 984, recorded in Volume 84173, Page 214, Real Property Records, Dallas
County, Texas.
9