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Foreclosure Notice*
STATE OF TEXAS § KNOW ALL MEN
§
COUNTY OF TARRANT § BY THESE PRESENTS
NOTICE OF SUBSTITUTE TRUSTEE'S FORECLOSURE SALE
NOTIFICATION DATE: JULY 9, 2026
IMMEDIATELY.
1. Property.
The property to be sold is described on Exhibit "A" attached hs
all purposes (collectively, the "Property").
an@incorporated herein for
2. Deed of Trust.
Assignment of Leases, Rents and Profit g Statement dated as of November 15,
2021, executed by KCAP RE F s limited liability company ("Grantor"), in
favor of SOUTHSTATE BAD«* ssor in interest to INDEPENDENT BANK)
The instrument to be foreclosed is that aN gin Deed of Trust, Security Agreement,
, a
("Beneficiary"), and recorded e i ublic Records of Real Property in Tarrant County,
Texas under Document Nufpal 5154 (the "Deed of Trust"), which Deed of Trust
Promissory Note in theeriginal pxincipal amount of $1,650,000.00 dated November 15, 2021,
executed by Grantorfa abhe‘to the order of Beneficiary (the "Note").
ommerce Code, and the Deed of Trust to the highest bidder for cash. The
ad to be held at the following date, time, and place:
Tuesday, August 4, 2026.
The sale will begin no earlier than 10:00 a.m. (Central Standard Time) or no
later than three hours thereafter. The sale will be completed by no later than
4:00 p.m. (Central Standard Time).
FILED
TUL 09 mar
4899-0943-0203.1
P226013918
Place: The base of the courthouse steps on the west side of the building located at 100
West Weatherford Street, Fort Worth, Texas 76196 or, if the preceding area is
no longer the designated area, the area most recently designated by the
Commissioners Court of Tarrant County.
4A, Substitute Trustees and Substitute Trustees’ Address.
75201) as a substitute trustee, each of whom is fully empowered and authorized
and by virtue of the Deed of Trust.
5. Event of Default.
Events of Default (as defined in the Deed of Trust) have occurred
and is immediately due and payable. As of the date of th
Foreclosure Sale, Beneficiary has not received payment in f
Default continue. Therefore, Beneficiary has requested that a
to satisfy the Note and the other Secured Obligationsvas defined
6. Terms of Sale.
to Section 51.009 of the Texas Pry fe} tt
without any express or implied except as to the warranties of title by Grantor, if any,
FILED
"WL 09 2026 -
4899-0943-0203.1
Page 2 of 6
COUNTY CLERK, TARRANT CO,, TEXAS
BYP
P226013918
Questions concerning the sale may be directed to Abbey Jennings, a Substitute Trustee,
at the contact information listed below.
THE STATE OF TEXAS §
§
COUNTY OF TARRANT §
This instrument was acknowledged before m
Abbey Jennings, in her capacity as a Substitute Tr
O
way ely, EILEEN CATHERINE Hitt
UtEX .
2: d “xa% Notary Public, Staté
=e: ses
Sa. PNZ25 Comm. Expires 10
“imi
4899-0943-0203.1
an, Emily Bowlin, or Abbey Jennings
Substitute Trustee
Substitute Trustee
Address: c/o Gray Reed
1845 Woodall Rg
Suite 1300
this the day of July, 2026, by
in and for the State of Texas
FILED
fur 09 7076
Page 3 of 6
P226013918 Page 4 of 6
Exhibit "A"
Property
All of Grantor's present and future right, title, and interest in and to all of the following
(collectively, the "Mortgaged Property"):
of way, easements, privileges and appurtenances relating or appertaining to suc
including, without limitation, all water and water rights, sewer and sewer rjet
licenses, contracts, permits and agreements required or used in connect
operation or maintenance of such real estate, and any and all
its appurtenances including, without limitation, insurance
previously or hereafter made to Grantor for taking by el
(collectively, the "Land");
d improvements of every kind and
used in connection with the Land
(2) all of Grantor's interest in the buildi
description now or hereafter constructed or places-+ '
now or hereafter erected thereon, all of whi & hall be deemed to be included within
the Mortgaged Property immediately u ery thereof to the Land, and all fixtures and
afi antor and attached to the Improvements or
inery, equipment, motors, elevators, supplies,
s, blinds, carpeting, plumbing, heating, lighting,
adifiga”ing and sprinkler equipment and fixtures and
yals or replacements thereof or articles in substitution
ed
income, receipts, revenues, reserves, insurance proceeds, issues and
ny Lease (defined below) with respect to the Mortgaged Property,
d‘deficiency rents with respect to the Mortgaged Property, (b) all awards and
kind derived from or relating to any Lease related to the Mortgaged Property
by proceeds of any policy of insurance or otherwise, or for the abatement of any nuisance
existing thereon, (ii) claims for damages resulting from acts of insolvency or bankruptcy or
otherwise, (iii) lump sum payments for the cancellation or termination of any Lease related to
the Mortgaged Property, the waiver of any term thereof, or the exercise of any right of first
4899-0943-0203.1 FILED
“yr 09 2026
ee
BY.
P226013918
refusal or option to purchase and (iv) the return of any insurance premiums or ad valorem tax
payments made in advance and subsequently refunded, (c) the proceeds of any casualty, rental
or loss of rents or other insurance carried by Grantor or any holder of a fee interest or leasehold
interest on the Mortgaged Property and (d) all security deposits and escrow accounts made by
any tenant or subtenant under any Lease related to the Mortgaged Property (collectively, the
"Rents" or "Rents and Profits"), and all existing and future leases, subleases, tenancies, licenses,
occupancy agreements or other agreements for the lease, use and occupancy of all or part of
the Mortgaged Property, together with any amendments, modifications or replacements faereof
(collectively, the "Leases"), whether oral or written, for a definite term or mon
subject to the rights of tenants under such Leases, and any and all extensions a
future Leases and to any and all present and future rights against any guarant
obligations and to any and all Rents and Profits collected or payable under theN
from the Mortgaged Property and any options or rights of first refusal of A Q
under any Lease now or hereafter in effect;
(4) all insurance policies and proceeds thereof, 4
leases of personal property, rental agreements, sales contrad
agreements, franchise agreements, construction
foregoing terms are defined in the Uniform Co
(the "UCC"), and all franchises, trade
records, plans, specifications, designs, dra
without limitation, any contract with any
of goods or services in conne
Mortgaged Property), refunds
engineer, contractor or any other provider
struction, repair or other work upon the
, approvals, actions and causes of action that now
are used in connection with the Mortgaged Property,
FILED
4899-0943-0203.1 UL 09 226
COUNTY CLERK, TARRANT C0, TEXAB
DEPUTY
Page 5 of 6
P226013918 Page 6 of 6
Exhibit "B"
Land
Tract 1
Being all of Lot, 2R-5, HALL MEDLIN NO 1038 ADDITION, an addition to the City of
Southlake, Tarrant County, Texas, according to the plat thereof recorded Cabinet A, Slidex276,
Plat Records, Tarrant County, Texas.
Tract 2
Non-Exclusive Access Easement as set out in Declaration of Covenants,
Easements, recorded August 14, 2000, in Volume 14473, Page 312, R
Tarrant County, Texas.
FILED
4899-0943-0203.1 ) ur 09 7076