Doc# 20250600250 05/09/2025 01:23 PM Page 1 of 24 Lucy Adame-Clark, Bexar County Clerk ne ShigH a= NOTICE OF FORECLOSURE SALE Notice is hereby given of a public nonjudicial foreclosure sale. 1. Property To Be Sold. The property to be sold is described as follows: All the real property described in the below described recorded Deed of Trust, and in the attached Exhibit “A”. The real property or its address is commonly known as 211 N. Saint Marys St., San Antonio, Bexar County, Texas 78205. 2. Date, Time, and Place of Sale. The sale is scheduled to be held at the following date, time, and place: Date: June 3, 2025 Time: The sale shall begin no earlier than 10:00 a.m. or no later than three hours thereafter. The sale shall be completed by no later than 1:00 p.m. Place: west side of the Bexar County Courthouse located at 100 Dolorosa, San Antonio, Texas or as designated by the Commissioner’s Court. The deed of trust permits the beneficiary to postpone, withdraw, or reschedule the sale for another day. In that case, the trustee or substitute trustee under the deed of trust need not appear at the date, time, and place of a scheduled sale to announce the postponement, withdrawal, or rescheduling. Notice of the date of any rescheduled foreclosure sale will be reposted and refiled in accordance with the posting and filing requirements of the Texas Property Code. Such reposting or refiling may be after the date originally scheduled for this sale. 3. Appointment of Substitute Trustee. The sale will be conducted by any of one of the following Substitute Trustees: D. Wade Hayden, Michael W. Bitter, Donald T. Brennan and Brock S. Burchard 7750 Broadway San Antonio, Bexar County, Texas 78209 4, Terms of Sale. The sale will be conducted as a public auction to the highest bidder for cash, subject to the provisions of the deed of trust permitting the beneficiary thereunder to have the bid credited to the note up to the amount of the unpaid debt secured by the deed of trust at the time of sale. Those desiring to purchase the property will need to demonstrate their ability to pay cash on the day the property is sold. Notice Foreclosure Sale Page 1 9060-033 FOR Notice of Foreclosure Sale (63.2025)  Doc# 20250600250 05/09/2025 01:23 PM Page 2 of 24 Lucy Adame-Clark, Bexar County Clerk The 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 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. Prospective bidders are strongly urged to examine the applicable property records to determine the nature and extent of such matters, if any. 5. Type of Sale. The sale is a nonjudicial deed of trust lien and security interest foreclosure sale being conducted pursuant to the power of sale granted by the Commercial Deed of Trust, Security Agreement, Financing Statement and Assignment of Rents (“Deed of Trust”), dated 11- 13-2019 executed by Potch211 LLC, a Texas limited liability company and recorded in Document No. 20190231172 of the Official Public Records of Bexar County, Texas. Said Note and lien having been modified, renewed, and extended as evidenced by the following instruments: Extension of Real Estate Note and Lien dated November 2, 2022, recorded in Document No. 20220278260 of the Official Public Records of Bexar County, Texas. Extension of Real Estate Note and Lien dated February 3, 2023, recorded in Document No. 20230059111 of the Official Public Records of Bexar County, Texas. Extension of Real Estate Note and Lien dated May 2, 2023 recorded in Document No. 20230112195 of the Official Public Records of Bexar County, Texas. Extension of Real Estate Note and Lien dated August 2, 2023, recorded in Document No. 20230188511 of the Official Public Records of Bexar County, Texas. Extension of Real Estate Note and Lien dated October 23, 2024, recorded in Document No. 20240195248 of the Official Public Records of Bexar County, Texas. The sale is “As Is”, and pursuant to the Texas Property Code § 51.009. 6. Obligations Secured. The deeds of trust provide that it secures the payment of the indebtedness and obligations therein described (collectively the "Obligations") including but not limited to the promissory note in the original principal amount of THREE MILLION AND NO/L00THS DOLLARS ($3,000,000.00), executed by Potch21! LLC, a Texas limited liability company and payable to the order of First United Bank and Trust Co, also known as First United Bank and Trust Company and all other sums of indebtedness permitted by the deed of trust. First United Bank and Trust Co, also known as First United Bank and Trust Company is the current owner and holder of the Obligations and the beneficiary under the deed of trust. 7. Default_and Request To Act. Default has occurred under the deed of trust, and the beneficiary has requested me, as one of the Substitute Trustees, to conduct this sale. Notice is given that before the sale the beneficiary may appoint another person substitute trustee to conduct the sale. Notice Foreclosure Sale Page 2 9060-033 FOR Notice of Foreclosure Sale (6.3.2025)  Doc# 20250600250 05/09/2025 01:23 PM Page 3 of 24 Lucy Adame-Clark, Bexar County Clerk 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 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 this notice immediately. DATED: MAY 8, 2025. STATE OF TEXAS § COUNTY OF BEXAR § Before me, the undersigned Notary Public, on this day personally appeared D. Wade Hayden, Substitute Trustee, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that they executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this 8X day of MAY, 2025. ee ata fi i » - feof j NCAA ( if Comm. Expires 04-24-2029 ‘NL Notary ID 135508445 el, YVONNE WAINWRIGHT Notary Public, State of Texas Notice Foreclosure Sale Page 3 9060-033 FOR Notice of Foreclosure Sale (6.3.2025)  Doc# 20250600250 05/09/2025 01:23 PM Page 4 of 24 Lucy Adame-Clark, Bexar County Clerk EXHIBIT “A” ‘ Doc# 20190231172 11/14/2019 12:12PM Page 1 of 20 Lucy Adame-Clark, Bexar County Clerk Loan No. COMMERCIAL DEED OF TRUST, SECURIFY AGREEMENT. FINANCING STATEMENT AND ASSIGNMENT OF RENTS * NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. POTCH211 LLC, a Texas FIRST UNITED BANK AND TRUST limited liability company COMPANY 310 Comal, Building A, Suite 301 1400 West Main Street Austin, Texas 78702 Durant, Oklahoma 74701 an (hereinafter called “Borrower") ‘hereinafter called "Beneficiay’.) » * MASSEY, Trustee, in trust with power of sale. for the benefit of Beneficiary, the followin,g described real property, together with all existing or subsequently erected or affixed buildings: Improvements and Fixtures: and all easements. rights of way, and appurtenances: all watel’.anp water rights: and all other rights. royalties, and profits relating to the real property, incliiaing without limitation such rights as Borrower may have in all minerals, oil, gas, geothermal and similar matters, located in Bexar County, Texas (the "Real Property”): o orem Being all that certain tract or parcel of land situated in Bexar County, Te Qs." ° more fully described in Exhibit "A" attached hereto and made a part h'ereot's for all purposes. SUBJECT TO all conditions. covenants, restrictions, reservations and easements that apl) @fi:r'bf record. . see Borrower hereby absolutely assigns to Beneficiary all of Borrower's right. title, and interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Borrower grants Beneficiary a Uniform Commercial Code security interest in the Rents and the i CONVEYANCE AND GRANT. For valuable consideration, Borrower conveys to GREG Personal Property defined below. DEFINITIONS. The following words shall have the following meanings when used in this } Deed of Trust. Terms not otherwise defined in this Deed of Trust shall have the meanings | attributed to such terms in the Texas Uniform Commercial Code. All references to dollar amounts shall mean amounts in lawful money of the United States of America. i Deed of Trust. The words "Deed of Trust” mean this Commercial Deed of Trust, Security Agreement, Financing Statement and Assignment of Rents, among Borrower, Beneficiary, and Trustee, and includes without limitation all assignment and security interest provisions relating to the Personal Property and Rents. Fixtures. The word "Fixtures" means all building material, machinery, apparatus, equipment,. ..- . fittings, fixtures and personal property of every kind and nature whatsoever, now in, part of, wdkiae\Austin\Potch? II\deed trust Page L  Doc# 20250600250 05/09/2025 01:23 PM Page 5 of 24 Lucy Adame-Clark, Bexar County Clerk Loan No. COMMERCIAL DEED OF TRUST, SECURITY AGREEMENT FINANCING STATEMENT AND ASSIGNMENT OF RENTS NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. POTCH211 LLC, a Texas FIRST UNITED BANK AND TRUST limited liability company COMPANY 310 Comal, Building A, Suite 301 1400 West Main Street Austin, Texas 78702 Durant, Oklahoma 74701 (hereinafter called “Borrower") (hereinafter called "Beneficiary") CONVEYANCE AND GRANT. For valuable consideration. Borrower conveys to GREG MASSEY, Trustee, in trust with power of sale, for the benefit of Beneficiary, the following described real property, together with all existing or subsequently erected or affixed buildings, Improvements and Fixtures; and all casements, rights of way, and appurtenances; all water and water rights; and all other rights, royalties, and profits relating to the real property, including without limitation such rights as Borrower may have in all minerals, oil, gas, geothermal and similar matters, located in Bexar County, Texas (the "Real Property"): Being all that certain tract or parcel of land situated in Bexar County, Texas, more fully described in Exhibit "A" attached hereto and made a part hereof for all purposes. SUBJECT TO all conditions, covenants, restrictions, reservations and easements that appear of record. . Borrower hereby absolutely assigns to Beneficiary all of Borrower's right, title, and interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Borrower grants Beneficiary a Uniform Commercial Code security interest in the Rents and the Personal Property defined below. DEFINITIONS. The following words shall have the following meanings when used in this Deed of Trust. Terms not otherwise defined in this Deed of Trust shall have the meanings attributed to such terms in the Texas Uniform Commercial Code. All references to doliar amounts shall mean amounts in lawful money of the United States of America. Deed of Trust. The words "Deed of Trust" mean this Commercial Deed of Trust, Security Agreement, Financing Statement and Assignment of Rents, among Borrower, Beneficiary, and Trustee, and includes without limitation all assignment and security interest provisions relating to the Personal Property and Rents. Fixtures. The word "Fixtures" means all building material, machinery, apparatus, equipment, fittings, fixtures and personal property of every kind and nature whatsoever, now in, part of, wdki\ae\Austin\Potch2 | I\deed.trust Page |  Doc# 20250600250 05/09/2025 01:23 PM Page 6 of 24 Lucy Adame-Clark, Bexar County Clerk affixed to, delivered to or used in connection with the buildings and improvements on the Real Property, or hereafter acquired by the Borrower and hereafter placed in, affixed to, delivered to or used in connection which such buildings and improvements or any buildings hereinafter constructed or placed upon the Reai Property or any part thereof, including, but without limiting the generality of the foregoing, all engines, furnaces. boilers, stokers, pumps, heaters, tanks, dynamos, transformers, motors, generators, fans, blowers. vents, switchboards, electrical equipment, heating, plumbing, lifting and ventilating apparatus, air-cooling and air-conditioning apparatus, water, gas and electrical fixtures, elevators. mail conveyors, escalators, drapes, carpets, shades. awnings, screens, radiators, partitions, ducts. shafts, pipes, conduits, lines and facilities of whatsoever nature for air, gas, water, steam, electricity, waste sewage and for other utilities, services and uses, compressors, vacuum cleaning systems, call systems, fire prevention and extinguishing apparatus, kitchen equipment, cafeteria equipment, all of which to the extent permitted by law are hereby understood and agreed to be part and parcel of the Real Property and improvements thereon and appropriated to the use and operation of the Real Property and said improvements, and whether affixed or annexed or not, shall for the purposes of this Deed of Trust be deemed constructively to be real estate and conveyed hereby, excluding, however, readily movable trade fixtures not used or acquired for use in connection with the operation of any such building or any part thereof. readily movable office furniture, furnishings and equipment not so.used or acquired for use, and consumable supplies, whether or not affixed or annexed, that have been or that may hereafter be placed in any building constructed upon the Real Property or any part thereof. Guarantor. The word "Guarantor" (individually and/or collectively, as the context may require) means those persons, firms or entities, if any, designated as Guarantor in the Related Documents. - Guaranty. The word "Guaranty" (individually and/or collectively, as the context may require) means that or those instruments of guaranty, if any, now or hereafter in effect, from Guarantor to Beneficiary guaranteeing the repayment of all or any part of the Indebtedness. Improvements. The word "Improvements" means and includes without limitation all existing and future improvements, fixtures, buildings, structures, mobile homes affixed on the Real Property, facilities, additions and other construction on the Real Property. Indebtedness. The word "Indebtedness" means: (a) the Note; (b) all principal and earned interest and other sums required to be paid pursuant to the Note, this Deed of Trust, and any other instruments related thereto; (c) all sums advanced or costs or expenses incurred by Beneficiary (whether by Beneficiary directly or on Beneficiary's behalf by the Trustee} which are made or incurred pursuant to or allowed by the terms of this instrument, plus interest thereon at the same rate as provided in the Note from the date paid until reimbursed; (d) other and additional notes, debts, obligations, and liabilities of any kind and character of Borrower, now and hereafter existing in favor of Beneficiary regardless of whether such notes. debts, obligations, and liabilities be direct or indirect, primary or secondary, joint, several or joint and several, fixed or contingent and regardless of whether such present or future notes, debts, obligations, and liabilities may, prior to their acquisition by Beneficiary, be or have been payable to or be or have been in favor of some other person or have been acquired by Beneficiary in a transaction with one other than Beneficiary, together with any and all renewals and extensions of such notes, debts, obligations, and liabilities, or any part thereof, and (e) all renewals and extensions of the above whether or not Borrower executes any renewal or extension agreement. wdk\ae\Austin\Potch2 | I\deed trust Page 2  Doc# 20250600250 05/09/2025 01:23 PM Page 7 of 24 Lucy Adame-Clark, Bexar County Clerk Note. The word "Note" means the note dated of even date herewith, in the principal amount of Three Million and 00/100 Dollars ($3,000,000.00) from Borrower to Beneficiary, together with all renewals, extensions, modifications, refinancings, and substitutions for the Note. Personal Property. The words "Personal Property" mean all equipment, and other articles of personal property now or hereafter owned by Borrower, and now or hereafter attached or affixed to the Real Property, and such other personal property as may be described in this Deed of Trust; together with all accessions, parts, additions to, replacements of, and substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word "Property" means collectively the Real Property and the Personal Property. Related Documents. The words "Related Documents" mean and include without limitation all credit agreements, loan agreements, guaranties, security agreements, mortgages, deeds of trust, and all other instruments and documents, whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The word "Rents" means ali present and future rents, revenues, income, issues, bonuses, production payments, royalties, profits, and other benefits derived from the Property. Subordinate Mortgage. Any mortgage, deed of trust, pledge. lien (statutory, constitutional, or contractual), security interest, encumbrance or charge, or conditional sale or other title retention agreement, covering all or any portion of the Property executed and delivered by Borrower, the lien of which is subordinate and inferior to the lien of this Deed of Trust. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shall pay to Beneficiary all amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Borrower's obligations under the Indebtedness and this Deed of Trust. POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower agrees that Borrower's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default. Borrower may: (a) remain in possession and contro! of the Property; (b) use, operate or manage the Property; and (c) collect any Rents from the Property. Duty to Maintain. Borrower shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Hazardous Substances. The terms "hazardous waste.” "hazardous substance," “disposal,” "release," and "threatened release," as used in this Deed of Trust, shall have the same meanings as set forth in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery Act, 49 U.S.C. Section 6901, et seq., or other applicable state or Federal laws, rules, or . regulations adopted pursuant to any of the foregoing. Borrower represents and warrants to wdk\ae\Austin\Potch2 | I\deed.trust Page 3  Doc# 20250600250 05/09/2025 01:23 PM Page 8 of 24 Lucy Adame-Clark, Bexar County Clerk Beneficiary that: (a) During the period of Borrower's ownership of the Property, there has been No use, generation, manufacture, storage, treatment, disposal, release or threatened release of any hazardous waste or substance by any person on, under, or about the Property; (b) Borrower has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Beneficiary in writing, (i) any use, generation, manufacture, storage, treatment, disposal, release, or threatened release of any hazardous waste or substance by any prior owners or occupants of the Property or (ii) any actual or threatened litigation or claims of any kind by any person relating to such matters; (c) Except as previously disclosed to and acknowledged by Beneficiary in writing, (i) neither Borrower nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of, or release any hazardous waste or substance on, under, or about the Property and (ii) any such activity shall be conducted in compliance with all applicable federal. state, and local laws, regulations and ordinances, including without limitation those laws, regulations, and ordinances described above. Borrower authorizes Beneficiary and its agents to enter upon the Property to make such inspections and tests as Beneficiary may deem appropriate to determine compliance of the Property with this section of the Deed of Trust. Any inspections, or tests made by Beneficiary shall be at Borrower's expense, shall be for Beneficiary's purposes only and shall not be construed to create any responsibility or liability on the part of Beneficiary to Borrower or to any other person. The representations and warranties contained herein are based on Borrower's due diligence in investigating the Property for hazardous waste. Borrower hereby (a) releases and waives any future claims against Beneficiary for indemnity or contribution in the event Borrower becomes liable for cleanup or other costs under any such laws, and (b) agrees to indemnify and hold harmless Beneficiary against any and all claims, losses, liabilities, damages, penalties, and expenses which Beneficiary may directly or indirectly sustain or suffer resulting from a breach of: this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Borrower's ownership or interest in the Property, whether or not the same was or should have been known to Borrower. The provisions of this section of the Deed of Trust including the obligation to indemnify, shall survive the payment of the Indebtedness and the satisfaction and release of the lien of this Deed of Trust and shall not be affected by Beneficiary's acquisition of any interest in the Property, whether by foreclosure or otherwise. Nuisanee, Waste. Borrower shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Specifically without limitation, Borrower will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas). soil, gravel or rock products without the prior written consent of Beneficiary. This restriction will not apply to rights and easements (such as gas and oil) not owned by Borrower and of which Borrower has informed Beneficiary in writing prior to Borrower's signing of this Deed of Trust. Removal of Improvements. Bortower-shall not demolish or remove any Improvements from the Real Property without the prior written consent of Beneficiary. As a condition to the removal of any Improvements, Beneficiary may require Borrower to make arrangements satisfactory to Beneficiary to replace such Improvements with Improvements of at least equal value. Beneficiary's Right to Enter. Beneficiary and its agents and representatives may enter upon the Real Property at all reasonable times to attend to Beneficiary's interests and to inspect the Property for purposes. of Borrower's compliance with the terms and conditions of this Deed of Trust. wdk\ae\Austin\Potch2 | I\deed. trust Page 4  Doc# 20250600250 05/09/2025 01:23 PM Page 9 of 24 Lucy Adame-Clark, Bexar County Clerk Compliance with Governmental Requirements. Borrower shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property. Borrower may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Borrower has notified Beneficiary in writing prior to doing so and so long as Beneficiary's interests in the Property are not jeopardized. Beneficiary may require Borrower to post adequate security or a surety bond, reasonably satisfactory to Beneficiary, to protect Beneficiary's interest. Duty to Protect. Borrower agrees neither to abandon nor leave unattended the Property. Borrower shall do all other acts, in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE - CONSENT BY BENEFICIARY. Beneficiary may, at its option, declare immediately due and payable all Indebtedness secured by this Deed of Trust upon the sale or transfer, without the Beneficiary's prior written consent. of all or any part of the Real Property, or any interest in the Real Property. A "sale or transfer" means the conveyance of Real Property or any right, title or interest therein; whether legal or equitable; whether voluntary or involuntary: whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three (3) years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of such Real Property interest. If any Borrower is a corporation or partnership, transfer also includes any change in ownership of more than twenty-five percent (25%) of the voting stock or partnership interests, as the case may be, of Borrower. However, this option shall not be exercised by Beneficiary if such exercise is prohibited by Federal law or by Texas Law. NO SUBORDINATE MORTGAGES. Borrower will not create, place, or permit to be created or placed, or through any act or failure to act, acquiesce in the placing of, or allow to remain any Subordinate Mortgage regardless of whether such Subordinate Mortgage is expressly subordinate to the liens or security interests of the Related Documents with respect to the Property, other than those liens consented to by Beneficiary in writing. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are a part of this Deed of Trust: Payment. Borrower shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, charges (including water and sewer), fines and impositions levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Borrower shall maintain the Property free of all liens having priority over or equal to the interest of Beneticiary under this Deed of Trust, except for the lien of taxes and assessments not due and except as otherwise provided in this Deed of Trust. Right to Contest. Borrower may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, solong as Beneficiary's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment, Borrower shall within fifteen (15) days after the lien arises or, if a lien is filed, within fifteen (15) days after Borrower has notice of the filing, secure the discharge of the lien, or if requested by wdk\ae\Austin\Potch2 | I\deed trast Page 5  Doc# 20250600250 05/09/2025 01:23 PM Page 10 of 24 Lucy Adame-Clark, Bexar County Clerk Beneficiary, deposit with Beneficiary, cash or a sufficient corporate surety bond or other security satisfactory to Beneficiary in an amount sufficient to discharge the lien plus any costs and attorneys’ fees or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Borrower shall defend itself and Beneficiary and shall satisfy any adverse judgment before enforcement against the Property. Borrower shall name Beneficiary as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Borrower shall upon demand furnish to Beneficiary satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Beneficiary at any time a written statement.of the taxes and assessments against the Property. Notice of Construction. Borrower shall notify Beneficiary at least fifteen (15) days before any work is commenced, any services are furnished, or any materials are supplied to the Property, if Borrower has reason to believe that any mechanic's lien, materialmen’s lien, or other lien may be asserted on account of the work, services, or materials and the cost exceeds $1,000.00. Borrower will upon request of Beneficiary furnish to Beneficiary advance assurances satisfactory to Beneficiary that Borrower can and will pay the cost of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust: Maintenance of Insurance. Borrower shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property and all Personal Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Beneficiary, together with such other insurance, including but not limited to hazard, liability, business interruption, and boiler insurance. as Beneficiary may reasonably require. Policies shall be written in form, amounts, coverages and basis reasonably acceptable to Beneficiary. BORROWER MAY FURNISH THE REQUIRED INSURANCE WHETHER THROUGH EXISTING POLICIES OWNED OR CONTROLLED BY BORROWER OR THROUGH EQUIVALENT INSURANCE FROM ANY INSURANCE COMPANY AUTHORIZED TO TRANSACT BUSINESS IN THE STATE OF TEXAS. If Borrower fails to provide any required insurance or fails to continue such insurance in force, Beneficiary may, but shall not be required to, do so at Borrower's expense, and the cost of the insurance will be added to the Indebtedness. If any such insurance is procured by Beneficiary at a rate or charge not fixed or approved by the Texas Department of Insurance, Borrower will be so notified, and Borrower will have the option for five (5) days of furnishing equivalent insurance through any insurer authorized to transact business in Texas. Borrower. upon request of Beneficiary, will deliver to Beneficiary from time to time the policies or certificates of insurance in form satisfactory to Beneficiary, including stipulations that coverages will not be cancelled or diminished without at least ten (10) days’ prior written notice to Beneficiary. TEXAS FINANCE CODE SECTION 307.052 COLLATERAL PROTECTION INSURANCE NOTICE: (A) BORROWER IS REQUIRED TO {i) KEEP THE MORTGAGED PROPERTY INSURED AGAINST DAMAGE IN THE AMOUNT SPECIFIED HEREIN; ii) PURCHASE THE INSURANCE FROM AN INSURER THAT IS AUTHORIZED TO DO_BUSINESS_IN_ THE STATE OF TEXAS OR AN ELIGIBLE SURPLUS LINES INSURER OR OTHERWISE AS PROVIDED HEREIN; AND (iii) NAME BENEFICIARY AS THE PERSON TO BE PAID UNDER THE POLICY IN THE EVENT OF A LOSS AS PROVIDED HEREIN; (B) SUBJECT TO THE PROVISIONS HEREOF, wdk\ae\Austin\Potch2 | I\deed.trust Page 6  Doc# 20250600250 05/09/2025 01:23 PM Page 11 of 24 Lucy Adame-Clark, Bexar County Clerk BORROWER MUST, IF REQUIRED BY BENEFICIARY, DELIVER TO BENEFICIARY A COPY OF THE POLICY AS PROOF OF THE PAYMENT OF PREMIUMS; AND (C) SUBJECT TO THE PROVISIONS HEREOF, IF BORROWER FAILS TO MEET ANY REQUIREMENT LISTED IN THE FOREGOING SUBPARTS INSURANCE ON BEHALF OF BORROWER AT BORROWER'S EXPENSE. Application of Proceeds. Borrower shall promptly notify Beneficiary of any loss or damage to the Property if the estimated cost of repair or replacement exceeds $10,000.00. Beneficiary may make proof of loss if Borrower fails to do so within fifteen (15) days of the casualty. Whether or not Beneficiary's security is impaired, Beneficiary may, at its election, apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property. or the restoration and repair of the Property. If Beneficiary elects to apply the proceeds to restoration and repair, Borrower shall repair or replace the damaged or destroyed Property in a manner satisfactory to Beneficiary. Beneficiary shall, upon satisfactory proof of such expenditure, pay or reimburse Borrower from the proceeds for the reasonable cost of repair or restoration if Borrower is not in default under this Deed of Trust. Any proceeds which have not been disbursed within 180 days after their receipt and which Beneficiary has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Beneficiary under this Deed of Trust, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Beneficiary holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Borrower as Borrower's interests may appear. Unexpired Insurance at Sale. Any unexpired insurance shall inure to the benefit of, and pass to, the purchaser of the Property covered by this Deed of Trust at any trustee's sale or other sale held under the provisions of this Deed of Trust, or at any foreclosure sale of such Property. Borrower's Report on Insurance. Upon request of Beneficiary, however not more than once a year, Borrower shall furnish to Beneficiary a report on each existing policy of insurance showing: (a) the name of the insurer; (b) the risks insured; (c) the amount of the policy; (d) the property insured, the then current replacement value of such property, and the manner of determining that value; and (e) the expiration date of the policy. Borrower shall, upon request of Beneficiary, have an independent appraiser satisfactory to Beneficiary determine the cash value replacement cost of the Property. ESCROW FOR TAXES AND INSURANCE. At the request of Beneficiary. Borrower shall create a fund or reserve for the payment of all insurance premiums, taxes, and assessments against the Property by paying to Beneficiary contemporaneously with each installment of principal and interest on the note a sum equal to the premiums that will next become due and payable on the hazard insurance policies covering the Property, or any part thereof, plus taxes and assessments next due on the Property or any part thereof, as estimated by Beneficiary, less all sums paid previously to Beneficiary, divided by the number of months to elapse before one month prior to the date when such premiums, taxes, and assessments will become delinquent, such sums to be held by Beneficiary without interest, for the purpose of paying such premiums, taxes, and assessments. Any excess reserve shall, at the discretion of Beneficiary therefor, be credited by Beneficiary on subsequent payments to be made on the Indebtedness, and any deficiency shall be paid by Borrower to Beneficiary on or before the date when such premiums, taxes, and assessments shail become delinquent. Transfer of legal title to the Property shall automatically transfer to the transferee title in all sums deposited under the provisions of this Section. wdk\ae\Austin\Potch2 | I\deed.trust Page 7  Doc# 20250600250 05/09/2025 01:23 PM Page 12 of 24 Lucy Adame-Clark, Bexar County Clerk FINANCIAL STATEMENTS. Borrower and each Guarantor of the Indebtedness, shall furnish to Beneficiary on an annual basis, balance sheets, income and cash flow statements and federal income tax returns in such form and detail as Beneficiary shall require. APPRAISALS. Borrower shall furnish to Beneficiary, upon request, such appraisals of the Property as may be required of Beneficiary under applicable State or Federal laws and regulations issued pursuant thereto. ANNUAL REPORTS. Borrower shail furnish to Beneficiary, upon request, a certified statement of Net Operating Income received from the Property during Borrower's previous fiscal year in such form and detail as Beneficiary shall require. "Net Operating Income" shall mean all cash receipts from the Property less all cash expenditures made in connection with the operations of the Property. EXPENDITURES BY BENEFICIARY. [f Borrower fails to comply with any provision of this Deed of Trust, or if any action or proceeding is commenced that would materially affect Beneficiary's interests in the Property, Beneficiary on Borrower's behalf may, but shall not be required to, take any action that Beneficiary deems appropriate. Any amount that Beneficiary expends in so- doing will bear interest at the Note rate from the date incurred or paid by Beneficiary to the date of repayment by Borrower. All such expenses, at Beneficiary's option, will: (a) be payable on demand; (b) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (i) the term of any applicable insurance policy or (ii) the remaining term of the Note; or (c) be treated as a balloon payment which will be due and payable at the Note's maturity. This Deed of Trust also will secure payment of these amounts. The rights provided for in this paragraph shall be in addition to any other rights or any remedies to which Beneficiary may be entitled on account of the default. Any such action by Beneficiary shall not be construed as curing the default so as to bar Beneficiary from any remedy that it otherwise would have had. WARRANTY: DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust: Title. Borrower warrants that: (a) Borrower holds good and indefeasible title of record to the Property in fee simple, free and clear of all liens and encumbrances other than those set forth herein or in any title insurance policy, title report, or attorney's opinion issued in favor of, and accepted by Beneficiary in connection with this Deed of Trust; and (b) Borrower has the full right. power. and authority to execute and deliver this Deed of Trust to Beneficiary. Defense of Title. Subject to the exception in the paragraph above, Borrower warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Borrower's title or the interest of Trustee or Beneficiary under this Deed of Trust. Borrower shall defend the action at Borrower's expense. Borrower may be the nominal party in such proceeding, but Beneficiary shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Beneficiary's own choice, and Borrower will deliver, or cause to be delivered, to Beneficiary such instruments as Beneficiary may request from time to time to permit such participation. Compliance with Laws. Borrower warrants that to Borrower's knowledge the Property and Borrower's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. wdk\ae\ Austin\Potch2 1 deed. trust Page 8  Doc# 20250600250 05/09/2025 01:23 PM Page 13 of 24 Lucy Adame-Clark, Bexar County Clerk CONDEMNATION. The following provisions relating to proceedings in condemnation are a part of this Deed of Trust: Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Beneficiary may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shalt mean the award afier payment of all reasonable costs, expenses, and attorneys’ fees necessarily paid or incurred by Borrower, Trustee or Beneficiary in connection with the condemnation, Proceedings. If any proceeding in condemnation is filed, Borrower shall promptly notify Beneficiary in writing, and Borrower shall promptly take such steps as may be necessary to defend the action and obtain the award. Borrower may be the nominal party in such proceeding, but Beneficiary shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Borrower will deliver or cause to be delivered to Beneficiary such instruments as may be requested by it from time to time to permit such participation. ASSIGNMENT OF RENTS. As additional security for the payment of the Indebtedness, Borrower hereby grants to Beneficiary a security interest in and to all Rents as defined above, in accordance with Texas Property Code Section 64, et seq., as amended from time to time. Following the occurrence of an Event of Default, written demand by Beneficiary, in accordance with Texas Property Code Chapter 64, delivered to any lessee for payment of Rents by reason of the occurrence of any Event of Default claimed by Beneficiary shall be sufficient evidence of each such lessee's obligation and authority to make all future payments of Rents to Beneficiary without the necessity for further consent by Borrower. Borrower hereby indemnifies and agrees to hold each lessee free and harmless from and against all liability, loss, cost, damage or expense suffered or incurred by such Lessee by reason of its compliance with any demand for payment of Rents made by Beneficiary contemplated by the preceding sentence. In addition, if the Property is vacant, Beneficiary may rent or lease the Property. Beneficiary shall not be liable for its failure to rent the Property, to collect any rents, or to exercise diligence in any matter relating to the Rents; Beneficiary shall be accountable only for Rents actually received. Beneficiary neither has nor assumes any obligation as lessor or landlord with respect to any occupant of the Property. Rents so received shall be applied by Beneficiary first to the remaining unpaid balance of the Indebtedness, in such order or manner as Beneficiary shall elect, and the residue, if any, shall be paid to the person or persons legally entitled to the residue. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a part of this Deed of Trust: Security Agreement. This instrument shall constitute a security agreement to the extent any of the Property constitutes fixtures or other personal property. and Beneficiary shall have all of the rights of a secured party under the Texas Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Beneficiary, Borrower shall execute financing statements and take whatever other action is requested by Beneficiary to perfect and continue Beneficiary's security interest in the Property. In addition to recording this Deed of Trust in the real property records, Beneficiary may, at any time and without further authorization from Borrower, file wdkiae\Austin\Potch? {1 \deed. trust Page 9  Doc# 20250600250 05/09/2025 01:23 PM Page 14 of 24 Lucy Adame-Clark, Bexar County Clerk executed counterparts, copies or reproductions of this Deed of Trust as a financing statement. Borr@we@ shall reimburse Beneficiary for all expenses incurred in perfecting or continuing this secunty mterest. Upon default, Borrower shall assemble the Personal Property in a manner and at a place reasonably convenient to Borrower and Beneficiary and make it available to Beneficiary within three (3) days after receipt of written demand from Beneficiary. Addresses. The mailing addresses of Borrower (debtor) and Beneficiary (secured party), from which information concerning the security interest granted by this Deed of Trust may be obtained (each as required by the Texas Uniform Commercial Code), are as stated on the first page of this Deed of Trust. FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-in-fact are a part of this Deed of Trust: . Further Assurances. At any time, and trom time to time, upon request of Beneficiary, Borrower will make, execute and deliver, or will cause to be made, executed or delivered, to Beneficiary or to Beneficiary's designee, and when requested by Beneficiary, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices and places as Beneficiary may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of Beneficiary, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve: (a) the obligations of Borrower under the Note, this Deed of Trust, and the Related Documents; and (b) the liens and security interests created by this Deed of Trust as first and prior liens on the Property. whether now owned or hereatter acquired by Borrower. Unless prohibited by law or agreed to the contrary by Beneficiary in writing, Borrower shall reimburse Beneficiary for all costs and expenses incurred in connection with the matters referred to in this paragraph. Attorney-in-Fact. If Borrower fails to do any of the things referred to in the preceding paragraph, Beneficiary may do so for and in the name of Borrower and at Borrower's expense. For such purposes, Borrower hereby irrevocably appoints Beneficiary as Borrower's attorney-in- fact for the purpose of making, executing, delivering. filing, recording, and doing all other things as may be necessary or desirable. in Beneficiary's sole opinion, to accomplish the matters referred to in the preceding paragraph. FULL PERFORMANCE. If Borrower pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Borrower under this Deed of Trust, Beneficiary shall execute and deliver to Borrower a release of this Deed of Trust lien and suitable statements of termination of any financing statement on file evidencing Beneticiary's security interest in the Rents and the Personal Property. Reasonable costs for preparation of such release and statements of termination together with any filing fees required by law shall be paid by Borrower, if permitted by applicable law. EVENTS OF DEFAULT. Each of the following events shall constitute a Default. Default. Default in the timely payment of any installment of principal and interest of the Indebtedness or in the performance of any covenant or provision of any Related Document. Insolvency. Borrower, or any Guarantor, shall: (a) execute an assignment for the benefit of creditors or take any action in furtherance thereof: or (b) admit in writing his inability to pay his wdkiae\Austin\Potch?2 1 l\deed trust Page 10  Doc# 20250600250 05/09/2025 01:23 PM Page 15 of 24 Lucy Adame-Clark, Bexar County Clerk EXHIBIT "a" debts generally as they become due; or (c) as a debtor, file a petition, case, proceeding, or other action pursuant to, or voluntarily seek the benefit or benefits of any debtor relief law or take any action in furtherance thereof; or (d) seek, acquiesce in, or suffer the appointment of a receiver, trustee, or custodian of Borrower, any Guarantor, the Property, in whole or in part, or any significant portion of other property belonging to Borrower that affects performance of the Indebtedness; or (e) voluntarily become a party to any proceeding seeking to effect a suspension or having the effect of suspending any of the rights of Beneficiary granted or referred to in the Related Documents or take any action in furtherance thereof. Bankruptcy. The filing of a petition, case, proceeding. or other action against Borrower, or any Guarantor, as a debtor under any debtor relief law; or seeking appointment of a receiver, trustee, or custodian of Borrower, or any Guarantor, or of any property described in the Related Documents or any part thereof, or of any significant portion of other property belonging to Borrower, that affects its ability to perform under the Indebtedness, or seeking to effect a suspension or having the effect of suspending any of the rights of Beneficiary granted or referred to in the Related Documents, and: (a) Borrower or any Guarantor admits, acquiesces in, or fails to contest the material allegations thereof; or (b) the petition, case, proceeding, or other action results in entry of an order for relief or order granting the relief sought against Borrower or any Guarantor; or (c) the petition, case, proceeding, or other action is not permanently dismissed on or before the earliest of trial thereon or sixty (60) days next following the date of its filing. Breaches. The discovery by Beneficiary that any warranty, covenant, or representation made to Beneficiary by or on behalf of Borrower or any Guarantor is false, misleading, erroneous, or breached in any material respect. A Default shall not be an Event of Default if the Default is cured within ten (10) days following the delivery of or the mailing of written notice from Beneficiary to Borrower's most current address as reflected in Beneficiary's business records specifying the existence of any such Default. If such Default is not cured within the ten (10) day period, the Default shal! be an Event of Default without need of any further notice or action by Beneficiary. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default, and after giving any required statutory notice of default, including any notice required under the Texas Property Code, at any time thereafter, Trustee or Beneficiary, at its option, may exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided by law: Accelerate Indebtedness. Beneficiary may declare the unpaid principal balance of the Indebtedness due and payable. In no event will Borrower be required to pay any unearned interest. + Foreclosure. If Beneficiary invokes the power of sale, Trustee, at the request of Beneficiary, may sell all or any portion of the Property at public auction to the highest bidder for cash at the location within the courthouse designated by the County Commissioners Court, or if no such area has been designated, at the area designated in the notice of sale within the courthouse, betwe-en the hours of 10:00 A.M. and 4:00 P.M. on the first Tuesday of any month, after the Beneficiary or its agent has given notice of the time, place, and terms of sale and of the property to be sold as required by the Texas Property Code, as then amended. wdkiae\Austin\Potch2 1! \deed trust Page 11  Doc# 20250600250 05/09/2025 01:23 PM Page 16 of 24 Lucy Adame-Clark, Bexar County Clerk EXHIBIT "a" UCC Remedies. With respect to all or any part of the Personal Property, Beneficiary shall have all the rights and remedies of a secured party under the Texas Uniform Commercial Code. Trustee's Powers. Borrower hereby jointly and severally authorizes and empowers Trustee to sell all or any portion of the Property together or in lots or parcels, as Trustee may deem expedient, and to execute and deliver to the purchaser or purchasers of such Property good and sufficient deeds of conveyance of fee simple title, or of lesser estates, and bills of sale and assignments, with covenants of general warranty made on behalf of Borrower. In no event shall Trustee be required to exhibit. present or display at any such sale any of the Property to be sold at such sale. The Trustee making such sale shall receive the proceeds of the sale and shall apply the same as provided below. Payment of the purchase price to Trustee shall satisfy the liability of the purchaser at any such sale of the Property, and such person shall not be bound to look after the application of the proceeds. Appoint Receiver. Beneficiary shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Beneficiary's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Beneficiary shall not disqualify a person from serving as a receiver. Tenancy at Sufferance. If Borrower remains in possession of the Property after the Property is sold as provided above or Beneficiary otherwise becomes entitled to possession of the Property upon default of Borrower, Borrower shall become a tenant at sufferance of Beneficiary or the purchaser of the Property and shall, at Beneficiary's option, either: (a) pay a reasonable rental for the use of the Property; (b) vacate the Property immediately upon the demand of Beneficiary; or (c) if such tenants refuse to surrender possession of the Property upon demand, the purchaser shall be entitled to institute and maintain the statutory action of forcible entry and detainer and procure a writ of possession thereunder, and Borrower expressly waives all damages sustained by reason thereof. Sale of the Property. To the extent permitted by applicable law, Borrower hereby waives any and all rights to have the Property marshalled. In exercising its rights and remedies, the Trustee or Beneficiary shall be free to sell all or any part of the Property together or separately, in one sale or by separate sales. Beneficiary shall be entitled to bid at any public sale on all or any portion of the Property. Trustee may convey all or any part of the Property to the highest bidder for cash with a general warranty binding Borrower, subject to prior liens and to other exceptions to the conveyance and warranty. Borrower waives all requirements of appraisement, if any. The affidavit of any person having knowledge of the facts to the effect that proper notice as required by the Texas Property Code was given shall be prima facie evidence of the fact that such notice was in fact given. Recitals and statements of fact in any notice or in any conveyance to the purchaser or purchasers of the Property in any foreclosure sale under this Deed of Trust shall be prima facie evidence of the truth of such facts, and all prerequisites and requirements necessary to the validity of any such sale shall be presumed to have been performed. Any sale under the powers granted by this Deed of Trust shall be a perpetual bar against Borrower, Borrower's heirs, successors, assigns and legal representatives. wdk\ae\Austin\Potch21 I\deed trust Page 12  Doc# 20250600250 05/09/2025 01:23 PM Page 17 of 24 Lucy Adame-Clark, Bexar County Clerk Proceeds. Trustee shall pay the proceeds of any sale of the Property: (a) first, to the expenses of foreclosure, including reasonable fees or charges paid to the Trustee, including but not limited to fees for enforcing the lien, posting for sale, selling, or releasing the Property; (b) then to Beneficiary the full amount of the Indebtedness; (c) then to any amount required by law to be paid before payment to Borrower; and (d) the balance, if any, to Borrower. Waiver; Election of Remedies. A waiver by any party of a breach of a provision of this Deed of Trust shall not constitute a waiver of or prejudice that party's rights otherwise to demand strict compliance with that provision or any other provision. Election by Beneficiary to pursue any remedy provided in this Deed of Trust, the Indebtedness, in any Related Document, or provided by law shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Borrower under this Deed of Trust after failure of Borrower to perform shal! not affect Beneficiary's right to declare a default and to exercise any of its remedies. To the extent permitted by law, Borrower waives any rights which Borrower might otherwise have under the provisions of Sections 51.003, 51.004 and 51.005 of the Texas Property Code. Jury Trial Waiver. In recognition of the higher costs and delay which may result from a jury trial, the parties waive any right to trial by jury of any claim, demand, action or cause of action (a) arising hereunder, or (b) in any way connected with or related or incidental to the dealings of the parties hereto or any of them with respect hereto, in each case whether now existing or hereafter arising, and whether sounding in contract or tort or otherwise; and each party further waives any right to consolidate any such action in which a jury trial has been waived with any other action in which a jury trial cannot be or has not been waived; and each party hereby agrees and consents that any such claim, demand, action or cause of action shall be decided by court trial without a jury, and that any party hereto may file an original counterpart or a copy of this section with any court as written evidence of this consent of the parties hereto to the waiver of their right to trial by jury. Attorneys’ Fees; Expenses. If Beneficiary institutes any suit or action to enforce any of the terms of this Deed of Trust, Beneficiary shall be entitled to recover such sum as the court may adjudge reasonable as attorneys’ fees at trial and on any appeal. Whether or not any court action is involved, all reasonable expenses incurred by Beneficiary which in Beneficiary's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness, be payable on demand and shall bear interest at the Note rate from the date of expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Beneficiary's reasonable attorneys’ fees whether or not there is a lawsuit, including attorneys' fees for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals and any anticipated post-judgment collection services. the cost of searching records, obtaining title reports (including foreclosure reports), surveyors’ reports, environmental assessments, appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law. Borrower will also pay any court costs, in addition to all other sums provided by faw. In the event of foreclosure of this Deed of Trust, Beneficiary shall be entitled to recover from Borrower Beneficiary’s reasonable attorneys’ fees and actual disbursements necessarily incurred by Beneficiary in pursuing such foreclosure. POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this Deed of Trust: wdk\ae\Austin\Potch2 11 \deed.trust Page 13  Doc# 20250600250 05/09/2025 01:23 PM Page 18 of 24 Lucy Adame-Clark, Bexar County Clerk Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power to take the following actions with respect to the Property upon the written request of Beneficiary and Borrower: (a) join in preparing and filing a map or plat of the Real Property, including the dedication of streets or other rights to the public; (b) join in granting any easement or creating any restriction on the Real Property; and (c) join in any subordination or other agreement affecting this Deed of Trust or the interest of Beneficiary under this Deed of Trust. Obligations to Notify. Trustee shall not be obligated to notify any other lienholder of the Property of the commencement of a foreclosure proceeding or of the commencement of any other action to which Beneficiary may avail itself as a remedy, except to the extent required by applicable law or by written agreement. Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set forth above, with respect to all or any part of the Property, the Trustee shall have the right to foreclose by notice and sale, and Beneficiary shall have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable law. Substitute Trustee. Beneficiary. at its option, from time to time, and more than once, may appoint in writing a successor or substitute trustee, with or without cause, including the resignation, absence, death, inability, refusal or failure to act of the Trustee. The successor or substitute trustee may be appointed without ever requiring the resignation of the former trustee and without any formality except for the execution and acknowledgment of the appointment by the Beneficiary of this Deed of Trust. The successor or substitute trustee shall then succeed to all rights, obligations. and duties of the Trustee. This appointment may be made on behalf of Beneficiary by the President, any Vice President, Secretary, or Cashier of Beneficiary. NOTICES TO BORROWER AND OTHER PARTIES. Any notice under this Deed of Trust shall be in writing and shall be effective when actually delivered or, if mailed, shall be deemed effective when deposited in the United States mail first class, certified mail, postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. Any party may change its address for notices under this Deed of Trust by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Borrower agrees to keep Beneficiary and Trustee informed at all times of Borrower's current address. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Applicable Law. This Deed of Trust has been delivered to Beneficiary and accepted by Beneficiary in the State of Texas. This Deed of Trust shall be governed by and construed in accordance with the laws of the State of Texas and applicable Federal laws. Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or define the provisions of this Deed of Trust. wdk\ae\Austin\Potch2 11 \deed trust Page 14  Doc# 20250600250 05/09/2025 01:23 PM Page 19 of 24 Lucy Adame-Clark, Bexar County Clerk Limitation of Interest. All agreements between Borrower and Beneficiary are expressly limited so that in no contingency or event whatsoever whether by reason of advancement of the proceeds of the Indebtedness, acceleration of maturity of the Indebtedness hereof, or otherwise, shall the amount paid or agreed to be paid to the Beneficiary for the use, forbearance, or detention of the money to be advanced hereunder exceed the highest rate permissible under the laws of the State of Texas and of the United States, and in particular the Texas Finance Code, as amended (to the extent not preempted by Federal law, if any) and any subsequent revisions repeals, or judicial interpretations thereof, to the extent any of same are applicable hereto and thereto. If, from any circumstance whatsoever, fulfillment of any provisions hereof or of the Indebtedness or any other agreement referred to herein or therein shall, at the time fulfillment of such provision be due, involve transcending the limit of validity prescribed by law that a court of competent jurisdiction may deem applicable hereto, then ipso facto the obligations to be fulfilled shall be reduced to the limit of such validity, and if from any circumstance the Beneficiary shall ever receive as interest an amount which would be excessive interest, it shall: (a) be applied to the reduction of the unpaid principal balance of the Indebtedness; or (b) be refunded to Borrower and not to the payment of interest. It is further agreed. without limitation of the foregoing, that all calculations of the rate of interest contracted for, charged, or received on the Indebtedness evidenced or secured hereby that are made for the purpose of determining whether such rate exceeds the maximum lawful contract rate, shall be made, to the extent permitted by applicable law, by amortizing, prorating, allocating, and spreading throughout the full stated term of the Indebtedness so that such rate of interest on account of such Indebtedness, as so calculated, is uniform throughout the term thereof. This provision shall control every other provision of all agreements between Borrower and the Beneficiary. Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in the Property at any time held by or for the benefit of Beneficiary in any capacity, without the written consent of Beneficiary. Multiple Parties. All obligations of Borrower under this Deed of Trust shall be joint and several, and all references to Borrower shall mean each and every Borrower. This means that cach of the persons signing below is responsible for all obligations in this Deed of Trust. Where any one or more of the parties are corporations or partnerships, it is not necessary for Beneficiary to inquire into the powers of any of the parties or of the officers, directors, partners, or agents acting or purporting to act on their behalf. Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be invalid or unenforceable as to any person or circumstance, such finding shall not render that provision invalid or unenforceable as to any other persons or circumstances. If feasible, any such offending provisions shall be deemed to be modified to be within the limits of enforceability or validity; however, if the offending provision cannot be so modified, it shal! be stricken and all other provisions of this Deed of Trust in all other respects shall remain valid and enforceable. Successors and Assigns. Subject to the limitations stated in this Deed of Trust on transfer of Borrower's interest, this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a person other than Borrower, Beneficiary, without notice to Borrower, may deal with Borrower's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or wdkiae\Austin\Potch? 1! |\deed. trust Page IS  Doc# 20250600250 05/09/2025 01:23 PM Page 20 of 24 Lucy Adame-Clark, Bexar County Clerk extension without releasing Borrower from the obligations of this Deed of Trust or liability under the Indebtedness. Time is of the Essence. Time is of the essence in the performance of this Deed of Trust. Waivers and Consents. Beneficiary shall not be deemed to have waived any rights under this Deed of Trust (or under the Related Documents) unless such waiver is in writing and signed by Beneficiary. No delay or omission on the part of Beneficiary in exercising any right shall operate as a waiver of such right or any other right. A waiver by any party of a provision of this Deed of Trust shal! not constitute a waiver of or prejudice the party's right otherwise to demand strict compliance with that provision or any other provision. No prior waiver by Beneficiary, nor any course of dealing between Beneficiary and Borrower, shall constitute a waiver of any of Beneficiary's rights or any of Borrower's obligations as to any future transactions. Whenever consent by Beneficiary is required in this Deed of Trust, the granting of such consent by Beneficiary in any instance shall not constitute continuing consent to subsequent instances where such consent is required. Loan Proceeds. The Note hereby secured is given for the purpose of constructing improvements on the Property, subject to the terms and conditions of the Construction Loan Agreement of even date herewith. This is a "Construction Mortgage" within the meaning of Sections 9.334(h) of the Texas Business and Commerce Code. wdk\ae\A ustin\Potch?2 | |\deed. trust Page 16  Doc# 20250600250 05/09/2025 01:23 PM Page 21 of 24 Lucy Adame-Clark, Bexar County Clerk BORROWER ACKNOWLEDGES HAYING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND BORROWER AGREES TO ITS TERMS. day of November, 2019. BORROWER: POTCH211 LLC, a Texas limited liability company > Manager/Managing Member STATE OF TEXAS 4 couNTY oF -nVe@vi V This instrument was acknowledged before me on this / 3 day of November, 2019, by JOHN DAVENPORT. Manager/Managing Member of POTCH211 LLC, a Texas limited liability company, on behalf of said limited liability company DEBBIE PEEK MyN lary (D# 7408664 . AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF: First United Bank and Trust Company William David Keese, P.C Attention: Loan Administration/Derek Crouse P.O. Box 1764 1400 West Main Street Denison, Texas 75021-1764 Durant, Oklahoma 74701 wdk'ae\Austin\Potch2 1 I\deed trust Page 17  Doc# 20250600250 05/09/2025 01:23 PM Page 22 of 24 Lucy Adame-Clark, Bexar County Clerk EXHIBIT, EXHIBIT A: Being 0.146 acres of land, more or less. consisting of all of Lot A7, Block 20, New City Block 404, as. affected by the Boundary line Agreement recorded in Volume 3871, Page 1981, Official Public Records and being that same property described in a Special Warranty Deed recorded in Volume 14954, Page 755, Official Public Records, Bexar County, Texas, said 0.146 acres being more particUlarty described by metes and bounds as folfows COMMENCING at a "Mag" nail found (monument of record dignity} for the southeast comer of the Woodbranch Valencia, LLC, tract (Volume 18617, Page 1605), Same being the northeast comer of Lot 10, Holiday Inn-Riverwalk Subdivisfon (Volume 9517, Page 8) and on the North Right-of-Way Une of N. Saint Maiys, same also being the POJNT OF COMMENCEMENT; THENCE along the North .Right-of-Way line of said N. Saint Marys, South 00 degrees 09 minutes 05 seconds East (called South 15 degrees 15 minutes 30seconds East). a distance of 142.54 feet (called 143.02 feet) to a point for the northeast comer of this 0.146 acres, same also being the southeast comer of said Lot 10 and the POINT OF BEGINNING: THENCE along the North Rrght-Of-Way line of said N saint Marys, South 00 degrees 03 minutes 29 seconds West (called South 15 degrees 51 mi:nutes 21 seconds East). a dJstance of 29.22 feet to a point forthe southeast comer of this 0.146 acres, same being the northeast comer Of the River Cy, LLC. tract (Volume 15411, Page 1784): THENCE along the line common to this 0.127 acres and said RiVerwalk: GY.LLC tract, North 89 degrees 16 minutes 17 seconds West (called South 74 degrees 48 minutes 53 seconds West}, a distance of 234.04 feet to a point for the southwest comer of this 0.146 acres, same being the northwest comer of said Riverwalk: CY, LLC tract and on the East line of the San Antonio Riverv,alk.; THENCE along the line East line of saidf San Antonio Riverwalk, North 22 degrees 3) minutes 13 seconds East (called North 01 degrees 18 minutes 14 seconds East, a distance of 28.59 feet (called 27.65 feet) to a point for the northwest comer of this 0.146 acres, same being the southwest comer of sa id Lot 10; THENCE along the line common to this 0 146 acres and'said Lot 10, South .89 degrees 57 minutes 26 seconds East (called North 74 degrees 07 minutes 44 seconds East), a distance of 223.10 feet to the POINT OF BEGINNING, and containing 0.146 acres of land, more orless  Doc# 20250600250 05/09/2025 01:23 PM Page 23 of 24 Lucy Adame-Clark, Bexar County Clerk SPE Los er ae ate  Doc# 20250600250 05/09/2025 01:23 PM Page 24 of 24 Lucy Adame-Clark, Bexar County Clerk File Information eFILED IN THE OFFICIAL PUBLIC eRECORDS OF BEXAR COUNTY LUCY ADAME-CLARK, BEXAR COUNTY CLERK Document Number: 20190231172 Recorded Date: November 14, 2019 . Recorded Time: 12:12 PM Total Pages: 20 Total Fees: $98.00 ** THIS PAGE IS PART OF THE DOCUMENT** * Do Not Remove ** Any provision herein which restricts the sale or use of the described real property because of race is invalid and unenforceable under Federal law STATE OF TEXAS, COUNTY OF BEXAR | hereby Certify that this instrument was eFILED in File Number Sequence on this date and at the time stamped hereon by me and was duly eRECORDED in the Official Public Record of Bexar County, Texas on 14/14/201912:12PM oA Ot wk gf) Lucy Adame-Clark Bexar County Clerle FILE INFORMATION Document Number: 20250600250 Date/Time: 5/9/2025 1:23:12 PM Total Pages: 24 FILED IN THE OFFICIAL PUBLIC RECORDS OF BEXAR COUNTY LUCY ADAME — CLARK BEXAR COUNTY CLERK - Total Fees: $2.00