401-88317 NOTICE OF ASSESSMENT LIEN SALE STATE OF TEXAS § § COUNTY OF KAUFMAN § : WHEREAS, on or about February 22, 2024, a Notice of Lien was filed in the Deed Records of Kaufman County, Texas, covering the real property. herein described concerning default in the payment of the indebtedness owing by Maritsa M. Romo and Raul M. Romo, III, the present owners of said real property, to Mustang Creek Homeowners Association, Inc. (the "Association"); and WHEREAS, the said Maritsa M. Romo and Raul M. Romo, III have continued to default in the payment of their indebtedness to the Association and the same is now wholly due, and the Association, acting by and through its duly authorized agent, intends to sell the herein described property to satisfy the present indebtedness of said owners to the Association; NOW, THEREFORE, notice is hereby given that on Tuesday, May 5, 2026, between 10 o’clock. a.m. and 4 o’clock p.m., the. Association. will sell said real estate at the front steps of the Kaufman.County Justice Center (Main Courthouse) 1902 E. US Highway 175, Kaufman, TX 75142, or as designated by the County Commissioners Court, Kaufman County, Texas, to the highest bidder for cash, subject to all superior liens and encumbrances of record. The earliest time at which said sale will begin will be 12:00 o'clock noon, and the sale will take place not later than three (3) hours after that time. Said real estate is described as follows: Lot 7, Block K, of Mustang Creek, Phase 2, an addition to the City of Forney, Kaufman County, Texas, according to the Plat thereof recorded in Cabinet 2, Sleeve 469, Plat Records, Kaufman County, Texas (107 Bowie Street) WITNESS my hand this \3_ day of _Age| , 2026 MUSTANG CREEK HOMEOWNERS ASSOCIATION, INC. By: Owen B. Lemke, Substitute Trustee Riddle & Williams, P.C. 3811 Turtle Creek Blvd, Suite 500 Dallas, Texas 75219 . me The within notice was posted by me on the ___ day of . , 2026, at the Kufman = County Courthouse in Kaufman, Texas. op = Bs _| @s 5 XP — ese F “t i = “me me az — | Rr a } — 1 ~! SVX 3109 RVHANYY auggay od Gad Filed: 9/30/2024 8:22 AM Rhonda Hughey, District Clerk Kaufman County, Texas Komika Washington CAUSE NO. 117672-86 IN RE: ORDER FOR FORECLOSURE § IN THE DISTRICT-COURT OF CONCERNING § § 107 Bowie Street § KAUFMAN COUNTY, TEXAS Forney, TX 75126 § § ' UNDER TEX. R. CIV. PROC. 736 § § 86TH JUDICIAL DISTRICT AND MARITSA M. ROMO AND RAUL M. ROMO, Ii ORDER FOR FORECLOSURE. On July 3, 2024, the Application for Foreclosure under Tex. R. Civ. Proc. 736 in the above-entitled cause-of action was presented to the Court. Mustang Creek Homeowners Association, Inc. (the “Association”), Petitioner herein, seeks an order pursuant to Tex. R. Civ. Proc. 736 to foreclose the Association’s assessment lien against 107 Bowie Street, Forney, Texas 75126, and further described as follows: Lot 7, Block K, of Mustang Creek, Phase 2, an addition to the City of Forney, Kaufinan County, Texas, according to the Plat thereof recorded in Cabinet 2, Sleeve 469, Plat Records, Kaufman County, Texas (107 Bowie Street) (hereinafter the “Property). The Court finds that the Association’s Application for Foreclosure complies with Rule 736.1 of the Tex. R. Civ. Proc. and was properly served in accordance with Rule 736.4 of the Tex. R. Civ. Proc. The Court further finds that Respondents have not previously filed a response, and the return of service has been on file with the clerk of the Court for at least 10 days before the date of this Order. The Court finds that the name and last known address of each respondent is as follows: Maritsa M. Romo 107 Bowie Street Forney, Texas 75126 ORDER FOR FORECLOSURE UNDER TEX. R. CIV. PROC. 736 ~ PAGE] Raul M. Romo, III 107 Bowie Street Forney, Texas 75126 Pursuant to Rule 736.7 of the Tex. R. Civ. Proc., all facts alleged in the Application for Foreclosure and supported by the affidavit of material facts constitute prima facie evidence of the truth of the matters alleged. The Court further finds as follows: lL. This proceeding is brought in the county in which all or part of the real property encumbered by the lien sought to be foreclosed is located. The Association is governed by: the Declaration of Covenants, Conditions & Resttictions for Mustang Creek (the "Declaration"), as corrected and supplemented from time to time. The Property is subject to and governed by the Declaration. By virtue of Respondents’ acquisition of the Property, Respondents agreed to. and became obligated by the Declaration to pay to the Association all assessments for the expense of administration, maintenance, upkeep and repair of the Community as assessed in accordance with the Declaration, as more particularly shown in Article III of the Declaration. Article III, Section 3.7 of the Declaration creates an assessment lien against the Property to secure payment of assessments and other charges pursuant to Tex. R. ~ Civ. Proc. 735.1(c) and Tex. Prop. Code 209.0092. Article III, Section 3.7 of the Declaration further provides that the Association may foreclose its assessment lien by appropriate judicial or non-judicial proceedings. During the period of Respondents’ ownership, Respondents have been assessed ORDER FOR FORECLOSURE UNDER TEX. R. CIV. PROC. 736 PAGE 2 10. 12. 13. maintenance. fees in a non-discriminatory manner based on Respondents’ ownership of the Property. Article HI, Section 3.7 of the Declaration and Texas Property Code 5.006 provides for recovery of attorney's fees and expenses incurred in the collection of delinquent assessments. As of June 24, 2024, Respondents were 20 months in default in their obligations to the Association for a total of One Thousand Six Hundred and Sixteen Dollars and Seventy Six Cents ($1,616.76). Respondents have been notified of the amounts due and unpaid attributed to Respondents’ failure to pay the assessments and other charges by notice letter dated September 26, 2023. A Notice of Lien was filed on or about February 22, 2024, at Instrument No. 2024-0004850 in the office of the County Clerk of KAUFMAN, Texas, and Respondents were notified of same by letter dated February 21, 2024. The Association afforded Respondents thirty (30) days to cure the default pursuant to the February 21, 2024, letter, and such opportunity to cure the default has expired. Prior to filing this Application, the Association performed all actions required -under applicable law and the terms of the Declaration required prior to foreclosing the Association’s assessment lien against the Property. THE COURT THEREFORE GRANTS the Association’s Application for Foreclosure under Tex. R. Civ. Proc. 736. ORDER FOR FORECLOSURE UNDER TEX. R. CIV. PROC. 736 PAGE 3 IT IS THEREFORE ORDERED that the Association may proceed with a foreclosure of its assessment lien on the Property under the terms of the Association’s Declaration and Texas Property Code Section 51.002; and IT IS FURTHER ORDERED that the Association shall send Respondents a copy of this Order with the notice of foreclosure sale sent to Respondents; and IT IS FURTHER ORDERED that the Association may communicate with Respondents and all third parties as may be reasonably necessary to conduct the foreclosure sale of the 7 Dt JUDGE PRESIDING Propefty. 9/30/2024 SIGNED ON _ - . ORDER FOR FORECLOSURE UNDER TEX. R. CIV. PROC. 736 PAGE 4 “ Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Michele Cole on behalf of Jason Reed Bar No. 24043887 mcole@riddleandwilliams.com Envelope ID: 92577791 Filing Code Description: Proposed Order Filing Description: Order for Foreclosure Status as of 9/30/2024 9:01 AM CST Associated Case Party: Mustang Creek Homeowners Association, Inc. Jason RReed fs jreed@riddleandwilliams.com | 9/30/2024 8:22:28 AM | SENT