Foreclosure Notice*
ASSERT AND PROTECT YOUR RIGHTS AS A MEMBER OF THE ARMED FORCES OF THE UNITED STATES. IF YOU ARE 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 ORAS 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 THIS NOTICE IMMEDIATELY. NOTICE OF SUBSTITUTE TRUSTEE'S SALE STATE OF TEXAS COUNTY OF DALLAS Date: Borrower: Borrower's Address: Administrative Agent: Administrative Agent's Address: § § § January 8, 2026 MT. PENTELICUS DEVCO, LLC, a Delaware limited liability company c/o Todd Interests, Inc. 400 North Ervay, Suite 150 Dallas, Texas 75201 Attn: Shawn Todd SPT REAL ESTATE CAPITAL, LLC, a Delaware limited liability company c/o Starwood Property Trust, Inc. 591 W. Putnam Avenue Greenwich, CT 06830 co ~ c= -< ~ C7' I O (_ <- '{=►g~ :z:,. c:_ z -. z..d:... I t,;; ~:-n CD t n ::::-;; \ op► J:D I C: !"11:;:J :E: r::::i :z ::::0 :::0 \.0 !'7 -; r-1 ~:::! -<:,::.z .. ·~ (II --l \.0 -< ~ r rn Substitute Trustees: Mark Patterson, James Billingsley, Veronica C. Law, Cahlen Cheatham, Rich Marshall, and Kristi Bracey, each of whom is an individual and may act alone or together ( each a "Substitute Trustee") Substitute Trustees' Address: Deed of Trust: c/o Duane Morris LLP 200 Crescent Court, Suite 900 Dallas, Texas 75201-1514 Attention: Mark Patterson, Esq. Amended and Restated Deed of Trust, Assignment of Leases and Rents, Security Agreement, and Fixture Filing August 6, 2021 Trustor (same as Bonower): Initial Administrative Agent: Original Trustee: Secures: Recording Info: MT. PENTELICUS DEVCO, LLC, a Delaware limited liability company STARWOOD PROPERTY MORTGAGE SUB-14-A, L.L.C., a Delaware limited liability company James Clutts Jr., an individual (who has been replaced) Obligations under (1) a Promissory Note A-1, dated August 6, 2021, in the original principal amount of $228,767,032.25 ("Note A-1"), executed by Borrower in favor of Starwood Prope1iy Mortgage Sub-14-A, L.L.C., a Delaware limited liability company ("Initial Lender"), and (2) a Promissory Note A-2, dated August 6, 2021, in the original principal amount of $16,332,967.75 ("Note A-2") (Note A-1 and Note A-2 are referred to herein as the "Notes") executed by Borrower in favor of Initial Lender, each of the Notes currently held by SPT Real Estate Capital, LLC, a Delaware limited liability company ("Current Lender"), and all other indebtedness described in the Deed of Trust. Recorded on August 9, 2021, as Instrument Number 202100235751, in the Official Public Records of Dallas County, Texas (the "Records"). The Deed of Trust was: (i) assigned by Initial Administrative Agent to STWD CLO Seller, LLC, a Delaware limited liability company ("Administrative Agent #2"), pursuant to that certain Assignment of Amended and Restated Deed of Trust, Assignment of Leases and Rents, Security Agreement, and Fixture Filing, dated effective as of February 1, 2022, and recorded on September 28, 2022 as Instrument Number 202200256954, in the Records; (ii) assigned by Administrative Agent #2 to STWD 2022-FL3, LTD., an exempted company incorporated with limited liability under the laws of the Cayman Islands ("Administrative Agent #3"), pursuant to that certain Assignment of Amended and Restated Deed of Trust, Assignment of Leases and Rents, Security Agreement, and Fixture Filing, dated effective as of February 1, 2022, and recorded on September 28, 2022 as Instrument Number 202200256955, in the Records; (iii) assigned by Administrative Agent #3 to Starwood Prope1iy Mortgage Sub-14-A, L.L.C., a Delaware limited liability company ("Administrative Agent #4"), pursuant to that certain Assignment of Amended and Restated Deed of Trust, Assignment of Leases and Rents, Security Agreement, and Fixture Filing, dated effective as of December 5, 2024, 2 Property: Foreclosure Sale Date of Sale: Time of Sale: Place of Sale: and recorded on December 11, 2024, as Instrument Number 202400250276, in the Records; and (iv) assigned by Administrative Agent #4 to Administrative Agent, pursuant to that certain Assignment of Amended and Restated Deed of Trust, Assignment of Leases and Rents, Security Agreement, and Fixture Filing, dated effective as of October 6, 2025, and recorded on November 10, 2025, as Instrument Number 202500236221, in the Records. All real property, improvements, and personal property described as collateral in the Deed of Trust; the legal description of the real property is also, for the sake of convenience only, described in Exhibit A, attached hereto and made a part hereof for all purposes; however, the description of the real property, improvements, and personal property in the Deed of Trust will control to the extent of any conflict or any deficiency in such description contained in this Notice of Substitute Trustee's Sale, it being the intent that the Foreclosure Sale (as defined below) will cover all property, real, personal, tangible, and intangible, and all rights and appurtenances thereto, which constitutes collateral under, and described in, the Deed of Trust. Tuesday, February 3, 2026 The sale of the Property will take place between the hours of 10:00 AM. and 4:00 P.M. local time; the earliest time at which the sale will take place is 10:00 AM., and the sale will commence within three hours of such time. George Allen Courts Building, 600 Commerce Street, Dallas, Texas 75202, at the area outside on the north side of the Building and 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 Commissioners Court of Dallas County, Texas, pursuant to Section 51.002 of the Texas Property Code as the place where foreclosure sales are to take place, or as otherwise designated by the Dallas County Commissioners. Administrative Agent, in its capacity as the current administrative agent for the Lenders ( as defined in the Deed of Trust), which includes Current Lender, has appointed Mark Patterson, James Billingsley, Veronica C. Law, Cahlen Cheatham, Rich Marshall, and Kristi Bracey, and each of them acting alone, as Substitute Trustees under the Deed of Trust upon the contingency and in the manner outlined by the Deed of Trust and in accordance with Chapter 51 of the Texas 3 Property Code. The Notes evidence a loah (the "Loan"), secured by the Deed of Trust and further evidenced and/or St:?cured by the other documents in connection therewith (collectively, the "Loan Documents"). The Loan has matured according to its terms and, accordingly, the indebtedness evidenced by the Notes is now wholly due. Administrative Agent has instructed Substitute Trustees, and each of them acting alone, to sell the Property toward the satisfaction of the Notes. The Deed of Trust may encumber both real and personal property. Formal notice is hereby given of Administrative Agent's election to proceed against and sell both the real property and any personal property described in the Deed of Trust in accordance with Administrative Agent's rights and remedies under the Deed of Trust and Section 9.604(a) of the Texas Business and Commerce Code. Pursuant; in part, to Section 51.009 of the Texas Property Code, notice is hereby given that on the Date of Sale, Substitute Trustees, or any one of them acting alone, will offer the • Property for sale at public auction at the Place of Sale, to the highest bidder for cash, in "AS IS, WHERE IS" condition, without any express or implied warranties (except as to the warranties [if any] provided for under the Deed of Trust), at the purchaser's own risk, expressly subject to any valid leases of the Property (which leases shall not terminate as a result of the Foreclosure Sale), and further expressly subject to any title matters set forth in the Deed of Trust, but prospective bidders are reminded that by law as well as by contract with Borrower, Admininstrative Agent, and other parties as described below, the Foreclosure Sale will necessarily be made subject to all prior matters of record and the below affecting the Property to the extent such matters remain in force and effect and have not been subordinated to the Deed of Trust. The sale shall not cover any part of the Property that has been released of public record from the lien of the Deed of Trust. Without in any way limiting the other matters appearing in the public records or as Borrower may have otherwise agreed to, prospective bidders are hereby put on notice of the · matters, restrictions, and prohibitions set forth in the following instruments that will bind the Property and apply to any future owners of the Property: 1. Subordination, Non-Disturbance and Attornment Agreement dated as of August 6, 2021, between Initial Administrative Agent and Thompson Hotels LLC: Conditions for submitting bids at this Foreclosure Sale pursuant to Section 3(a) thereof, including requirement that all prospective bidders for the Property shall agree to purchase the Property subject to the Hotel Management Agreement, with copies of the Hotel Management Agreement to be made available to all prospective bidders, and Administrative Agent shall use commercially reasonable efforts to request that all prospective bidders sign a commercially reasonable non-disclosure and confidentiality agreement prior to such disclosure; 2. Declaration of Restrictive Covenants (City of Dallas Tax Increment Financing Affordability Requirements) dated December 31, 2020, and recorded on December 28, 2020, as Instrument Number 202000362581 and, specifically, the requirements of any prospective owner of the Property as described therein; and 4 3. Subordination, Non-Disturbance and Attornment Agreement dated as of August 6, 2021, and recorded on August 9, 2021, as Instrument Number 202100235754 with respect to that certain Master Lease, dated May 9, 2019, between Borrower, as lessor, and Mt. Pentelicus MT, LLC, a Delaware limited liability company ("Master Tenant"), as lessee, as amended pursuant to that certain First Amendment to Master Lease, dated as of April 23, 2020, and as further amended pursuant to that certain Second Amendment to Master Lease, dated August 6, 2021 (as the same may be amended from time to time, the "Master Lease"), and the rights and obligations of any future owner of the Property, as lessor, with respect to the Master Tenant, as lessee, pursuant to the Master Lease. In advance of the scheduled Foreclosure Sale, copies of the above instruments and documents may be made available by the Substitute Trustee to prospective bidders upon request provided that any conditions referenced above and therein shall have been satisfied in the discretion of the Substitute Trustee. Prospective bidders are strongly urged to examine the applicable property records to determine the nature and extent of any other such matters. Prospective bidders are further advised to conduct an independent investigation of the nature and physical condition of the Prope1iy. THERE WILL BE NO WARRANTY RELATING TO TITLE, POSSESSION OR QUIET ENJOYMENT OR THE LIKE FOR THE PERSONAL PROPERTY INCLUDED IN THE SALE. Administrative Agent may bid by credit against the indebtedness secured by the Deed of Trust. The Substitute Trustee conducting the Foreclosure Sale may, at his or her option, postpone the Foreclosure Sale for a reasonable time to permit the highest bidder (if other than Administrative Agent) to produce cash to pay the purchase price bid, and the Foreclosure Sale may be resumed if the bidder fails to produce cash to pay the purchase price within such time period, provided in any event the Foreclosure Sale shall be concluded by no later than 3:45 p.m. local time on the Date of Sale. If the Substitute Trustee postpones, withdraws, and/or reschedules 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 reposting or refiling may be after the date originally scheduled for this Foreclosure Sale. Pursuant to Section 51.0075(a) of the Texas Property Code, the Substitute Trustee conducting the Foreclosure Sale reserves the right to set further reasonable conditions for conducting the Foreclosure Sale. Any such further conditions shall be announced before bidding is opened by the Substitute Trustee. In the event of a defect or other problem with the foreclosure process is discovered that may invalidate the sale, the consideration paid will be returned to the purchaser as the sole and absolute remedy. In the event of any claim or action brought by any person including the prospective purchaser requiring or resulting in the invalidation of the sale and rescission of the Substitute Trustee's Deed, prospective purchaser's damages resulting therefrom are limited to the consideration paid to Administrative Agent (or any successor) and the sole and absolute remedy shall be the return to the prospective purchaser of the consideration paid. The prospective purchaser shall have no further recourse against the Substitute Trustee, Administrative Agent, or any successor, or its attorney(s). 5 Pursuant to the endorsements, assignments and/or transfers of the Loan Documents as described herein, Administrative Agent is the current owner of the Loan Documents other than the Notes, which are held by Current Lender. However, consistent with the laws of the State of Texas and the terms and provisions contained within the Loan Documents, each of Administrative Agent and Current Lender reserves the right to endorse, assign, and/or transfer the Loan Documents to a third-party at any time after this Notice of Substitute Trustee's Sale has been posted in Dallas County, Texas (including just prior to the Foreclosure Sale). You may contact Mr. Jay Cowart, c/o Starwood Property Trust, 591 W. Putnam Avenue, Greenwich, CT 06830, e-mail address jcowart@starwood.com, to determine whether Administrative Agent and/or Current Lender has endorsed, assigned, and/or transferred the Loan Documents to a third-party and, if it has, to obtain the name, address, and other contact information of the successor•.holder(s) of the Loan Documents and/or the Notes. [END OF TEXT-SIGNATUREANDACKNOWLEDGMENT PAGE FOLLOWS] 6 STATE OF TEXAS COUNTY OF DALLAS § § § MARK PATTERSON, As Substitute Trustee Before me, . AAoll~ Cc, .. k-v:·t~~ , Notary Public, on this day personally appeared Maik Patt rson, kno to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this tL-day of January, 2026. MOLLY VICTORIA CARRIGAN Notary ID #123942207 My Commission Expires December 28, 2027 [AFFIX NOTARY STAMP ABOVE] After filing return to: DUANE MORRIS LLP 200 Crescent Court, Suite 900 Dallas, Texas 75201 Attn: Mark Patterson, Esq. Office: (214) 257-7200 Fax: (214) 257-7201 Notary P lie, State of Texas Print Nam~: ~~ AJ>ll~Y~d:ori~~cllt'~~ __, My Comm1ss10n Etpires:__,1_7-f-'/~=~--+·L_~~-;a2'-+-- __ _ Notice of Substitute Trustee's Sale -Signature/Acknowledgment Page EXHIBIT A (Legal Description of the Land) PARCEL 1: BEING a 1.858 acre (80,913 square foot) tract of land in the John Grigsby Survey, Abstract No. 495, Dallas County, Texas, also being a part of Block 60, City of Dallas and all of the land described by deed to Drever 1401 Elm, LLC in Special Warranty Deed recorded in Instrnment No. 201600116507, Official Public Records, Dallas County, Texas and being more particularly described as follows: BEGINNING at a brass monument found for corner at the intersection the northwest line of Elm Street (an 80 foot right-of-way) and the northeast line of Field Street (an 87.5 foot right-of-way); THENCE No1ih 13°50'30" West along said northeast line of Field Street, a distance of 200.04 feet to a PK Nail found for comer at the intersection of said northeast line of Field and the southeast line of Pacific Avenue (an 80 foot right-of-way); THENCE North 76°00'00" East, along said southeast line of Pacific Avenue, a distance of 404.21 feet to an "x" cut in concrete set for corner at the intersection of said southeast line of Pacific Avenue and the southwest line of Akard Street (a 50 foot right-of-way); THENCE South 14 °00'00" East, along said southwest line of Akard Street, a distance of 200.04 feet to an "x" cut in concrete set for comer at the intersection of said southwest line of Akard Street and aforementioned northwest line of Elm Street; THENCE South 76°00'00" West, along said northwest line of Elm Street, a distance of 404.76 feet to the POINT OF BEGINNING and containing 1.858 acres, or 80,913 square feet of land, more or less. TOGETHER WITH THE RIGHTS THAT CONSTITUTE INTERESTS IN REAL PROPERTY GRANTED IN THAT CERTAIN LICENSE, CREATED BY THAT CERTAIN ORDINANCE NO 13496 BETWEEN THE CITY OF DALLAS AND FIRST NATIONAL BANK IN DALLAS, RECORDED IN VOLUME 85064, PAGE 1172, AS AMENDED BY ORDINANCE NO 14040 RECORDED IN VOLUME 85064, PAGE 1181, TOGETHER WITH RESOLUTION NO 77-3772 AS EVIDENCED BY INSTRUMENT RECORDED IN VOLUME 95250, PAGE 1986, REAL PROPERTY RECORDS, DALLAS COUNTY, TEXAS. PARCEL 2: Easement rights as created in Easement executed by the City of Dallas, dated December 22, 1977, filed January 9, I 978, and recorded in Volume 78006, Page 1294, Real Property Records, Dallas County, Texas. Purported Property Address Per the Deed of Trust: 1401 Elm Street Dallas, Texas