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Foreclosure Notice*
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NOTICE OF ASSESSMENT LIEN SALE 2Th JUL I L, FM I : 39
ST,`' E
STATE OF TEXAS
CDuifr CLE it
COLLIN COUNTY TEXAS
COUNTY OF COLLIN gy: Foi ry
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WHEREAS, on or about December 7, 2023, a Notice of Lien was filed in the Deed
Records ofCollin County, Texas, covering the real property herein described concerning default
in the payment of the indebtedness owing by RGX5 Revocable Trust, the present owner of said
real property, to Lost Creek Ranch Homeowners Association( the" Association"); and
WHEREAS, the said RGX5 Revocable Trust has continued to default in the payment of
her 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 ofsaid owners to the Association;
NOW, THEREFORE, notice is hereby given that on Tuesday, August 4, 2026, between
10 o' clock a.m. and 4 o' clock p.m., the Association will sell said real estate at the main entrance
of the Collin County Courthouse located at 2100 Bloomdale Road, McKinney, TX 75071.,
Collin 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 10:00 o'clock
a.m., and the sale will take place not later than three (3) hours after that time.
Said real estate is described as follows:
Lot 12, Block R2, ofLost Creek Ranch Phase 2A, an Addition to the City ofAllen,
Collin County, Texas, according to the Plat thereof recorded in Volume N, Page 475,
ofthe Map Records of Collin County, Texas. ( 1529 Sandstone Drive)
16 Jab/
WITNESS my hand this dayof 2026
LOST CREEK RANCH HOMEOWNERS
ASSOCIATION
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c
By: a,
Jaso V Reed, Substitute Trustee
i
Riddle& Williams, P.C.
3811 Turtle Creek Blvd, Suite 500
Dallas, Texas 75219
9day
The within notice was postedby me on the / of 2026, at the Collin
County Courthouse in Collin, Texas.
117-85333CAUSE NO. 380-08054-2024
IN RE: ORDER FOR FORECLOSURE § IN THE DISTRICT COURT OF
CONCERNING
1529 Sandstone Drive COLLIN COUNTY, TEXAS
Allen, TX 75002
UNDER TEX. R. CIV. PROC. 736
380TH JUDICIAL DISTRICT
AND RGX5 REVOCABLE TRUST
ORDER FOR.FORECLOSURE
On November 4, 2024, the Application for Foreclosure under Tex. R. Civ. Proc. 736 in
the above- entitled cause of action ( the " Application") was presented to the Court Lost Creek
Ranch Homeowners Association ( the" Association"), Petitioner herein, seeks an order pursuant
to Tex..R. Civ. Proc. 736 to foreclose the Association' s assessment lien against 1529 Sandstone
Drive, Allen, Texas 75002, and further described as follows:
Lot 12, Block R2, of Lost Creek Ranch. Phase 2A, an Addition to the City of
Allen, Collin County, Texas, according to the Plat thereofrecorded in Volume N,
Page 475, of the Map Records of Collin County, Texas. ( 1529 Sandstone Drive)
hereinafter the" Property).
The Court finds that the Association' s Application complies with Rule 736. 1 ofthe Tex.
R. Civ. Proc. The Court further finds that Respondent filed a response to the Application, and
that Respondent was provided reasonable notice of the hearing conducted by the Court on the
Application. The Court finds that the name and last known address of each Respondent is as
follows:
RGX5 Revocable Trust
do Rolando R. Gutierrez, Co-Trustee
1529 Sandstone Drive
Allen, Texas 75002
ORDER FOR FORECLOSURE UNDER TEX: R. CIV. PROC. 736 PAGE 1RGX5 Revocable Trust
c/o Rosa Irma Gutierrez, Co-Trustee
1529 Sandstone Drive
Allen, Texas 75002
The Court further finds as follows:
1. 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.
2. The Association is governed by the Declaration of Covenants, Conditions and
Restrictions for Lost Creek Ranch ( the " Declaration"), as corrected and
supplemented from time to time.
3. The Property is subject to and governed by the Declaration.
4. By virtue ofRespondent' s acquisition ofthe Property, Respondent agreed to and
became obligated by the Declaration to pay to the Association all assessments for
the expense of administration, maintenance, upkeep and repair ofthe Community
as assessed in accordance with the Declaration, as more particularly shown in
Article IV ofthe Declaration.
5. Article IV, Section 4.13( a) 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.
6. Article IV, Section 4.13(b) of the Declaration further provides that the
Association may foreclose its assessment lien by appropriate judicial or non-
judicial proceedings.
7. During the period of Respondent' s ownership, Respondent has been assessed
ORDER FOR FORECLOSURE UNDER TEX. R. CIV. PROC. 736 PAGE 2maintenance fees in' a non-discriminatory manner based on Respondent' s
ownership ofthe Property.
8. Article IV, Section 4.13( a) of the Declaration and Texas Property Code 5.006
provide for recovery ofattorney's fees and expenses incurred in the collection of
delinquent assessments.
9. As of October 15, 2024, Respondent was 27 months in default in its obligations to
the Association for a total of Eight Thousand Four Hundred and Seventy Three
Dollars and Ninety Six Cents ($ 8,473. 96).
10. Respondent has been notified of the amounts due and unpaid attributed to
Respondent's failure to pay the assessments and other charges by notice letter
dated October 23, 2023.
11. A Notice of Lien was filed on or about December 7, 2023 at Instrument No.
2023000139608 in the office of the County Clerk of Collin County, Texas, and
Respondent was notified of same by letter dated December 7, 2023.
12. The Association afforded Respondent thirty (30) days to cure the default pursuant
to the December 7, 2023 letter, and such opportunity to cure the default has
expired.
13. Prior to filing this Application, the Association performed all actions required
under applicable law and the terms ofthe 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 3n V
IT IS THEREFORE ORDERED that the Association may proceed with a foreclosure
ofits assessment lien on the Property under the terms ofthe Association' s Declaration and Texas
Property Code Section 51.002; and
IT IS FURTHER ORDERED that the Association shall send Respondent a copy ofthis
Order with the notice offoreclosure sale sent to Respondent; and
IT IS FURTHER ORDERED that the Association may communicate with Respondent
and all third parties as may be reasonably necessary to conduct the foreclosure sale of the
Property.
SIGNED ON 31 0 (, 0 g CR yo Z S.
Teit/
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JUDGE PRESIDING
ORDER FOR FORECLOSURE UNDER TEX. R. CIV. PROC. 736 PAGE 4