f 1 ry NOTICE OF ASSESSMENT LIEN SALE LO' •, ; lib- I I FM 28 7,C,7 STATE OF TEXAS COUNTY' CLERK COLLUi UNTY. TEXAS COUNTY OF COLLIN Ry: DEPN.IT? WHEREAS, on or about September 30, 2024, a Notice of Lien was filed in the De:• ecords of Collin County, Texas, covering the real property herein described concerning default in the payment ofthe indebtedness owing by Edward Cortez and Lucia Castellanos, the present owners of said real property, to Maxwell Creek North Homeowners Association, Inc. (the "Association"); and WHEREAS, the said Edward Cortez and Lucia Castellanos have continued to default in the payment of their indebtedness to the Association and the same is now wholly due, and the Association, acting by and through its duly authorized agent, intends to sell the herein described property to satisfy the present indebtedness ofsaid owners to the Association; NOW, THEREFORE, notice is hereby given that on Tuesday, September 1, 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 9, Block 5, ofMaxwell Creek North Phase Four( 4), an addition to the City of Murphy, Collin County, Texas, according to the Map orPlat thereofrecorded in Cabinet N, Slide 30, ofthe Plat Records ofCollin County, Texas (311 Post Oak Trail) M(' A WITNESS my hand this day of 2026 MAXWELL CREEK NORTH HOMEOWNERS ASSOCIATIO , INC. zeire54./ By: Jason eed, Substitute Trustee Riddle& Williams, P.C. 3811 Turtle Creek Blvd, Suite 500 Dallas, Texas 75219 The within notice was posted by me on the day of 2026, at the Collin County Courthouse in Collin, Texas. 874-91308Filed: 5/15/2025 10:11 AM Michael Gould DistrictClerk Collin County, Texas By Lakisha Booth Deputy Envelope ID: 100867569 CAUSE NO. 219-02111- 2025 IN RE: ORDER FOR FORECLOSURE § IN THE DISTRICT COURT OF CONCERNING 311 Post Oak Trail COLLIN COUNTY, TEXAS Murphy, TX75094 UNDER TEX. R. CIV. PROC. 736 219TH JUDICIAL DISTRICT AND EDWARD CORTEZ AND LUCIA CASTELLANOS ORDER FOR FORECLOSURE On March 24, 2025, the Application for Foreclosure under Tex. R. Civ. Proc. 736 in the above-entitled cause ofaction was presented to the Court. Maxwell CreekNorth Homeowners Association, Inc. (the "Association"), Petitioner herein, seeks an order pursuant to Tex. R. Civ. Proc. 736 to foreclose the Association's assessment lien against 311 Post Oak Trail, Murphy, Texas 75094, and further described as follows: Lot 9, Block 5, ofMaxwell Creek North Phase Four( 4), an addition to the City of Murphy, Collin County, Texas, according to the Map or Plat thereof recorded in Cabinet N, Slide 30,.of the Plat Records ofCollin County, Texas ( 311 Post Oak Trail) (hereinafter the" Property). The Court finds that the Association' s Application for Foreclosure complies with Rule 736.1 of the Tex. R. Civ. Proc. and was properly served in accordance with Rule 736.4 of the Tex. R. Civ. Proc. The Court further finds that Respondents have not previously filed a response, and the return ofservice has been on file with the clerk ofthe Court for at least 10 days before the date of this Order. The Court finds that the name and last known address of each Respondent is as follows: Edward Cortez 311 Post Oak Trail Murphy, Texas 75094 ORDER FOR FORECLOSURE UNDER TEX. R. CIV. PROC. 736 PAGE 1Lucia Castellanos 311 Post Oak Trail Murphy, Texas 75094 Pursuant to Rule 736.7 of the Tex. R. Civ. Proc., all facts alleged in the Application for Foreclosure and supported by the affidavit ofmaterial facts constitute prima facie evidence ofthe truth ofthe matters alleged. The Court further finds as follows: 1. This proceeding is brought in the county in which all or part of the real property encumberedby thelien sought to beforeclosed is located. 2. The Association is governed by the Declaration of Covenants, Conditions, and Restrictions for Maxwell Creek North ( the " Declaration"), as corrected and supplemented from time to time. 3. The Property is subject to and governed by the Declaration. 4. By virtue ofRespondents' acquisition ofthe Property, Respondents agreed to and became obligated by the Declaration to pay to the Association all assessments for the expense of administration, maintenance, upkeep and repair ofthe Community as assessed in accordance with the Declaration, as more particularly shown in Article II ofthe Declaration. 5. Article II, Section 2 of the Declaration creates an assessment lien against the Property to secure payment ofassessments and other charges pursuant to Tex. R. Civ. Proc. 735. 1( c) and Tex. Prop. Code 209.0092. 6. Article II, Section 4 of the Declaration further provides that the Association may foreclose its assessment lien by appropriate judicial or nonjudicial proceedings. 7. During the period of Respondents' ownership, Respondents have been assessed maintenance fees in a non-discriminatory manner based on Respondents' ORDER FOR FORECLOSURE UNDER TEX. R. CIV. PROC. 736 PAGE 2ownership ofthe Property. 8. Article II, Section 2 of the Declaration and Texas Property Code 5.006 provide for recovery of attorney' s fees and expenses_ incurred in the collection of delinquent assessments. 9. As of February 24, 2025, Respondents were 37 months in default in their obligations to the Association for a total of Two Thousand Five Hundred and Forty Four Dollars and Thirty Six Cents ($ 2,544.36). 10. Respondents have been notified of the amounts due and unpaid attributed to Respondents' failure to pay the assessments and other charges by notice letter dated July 24, 2024. 11. A Notice of Lien was filed on or about September 30, 2024, at Document No. 2024000120197 in the office of the County Clerk of COLLIN, Texas, and Respondents were notified ofsame by letter dated September 30, 2024. 12. The Association afforded Respondents thirty ( 30) days to cure the default pursuant to the September 30, 2024, 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 3IT 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 Respondents a copy of this Order with the notice offoreclosure sale sent to Respondents; and IT IS FURTHER ORDERED thatthe Association may communicate with Respondents and all third parties as may be reasonably necessary to conduct the foreclosure sale of the Property. 5/ 15/2025 SIGNED ON 9- 1Arlf/ttl,Ci 41( 4{.; JUDGE PRESIDING ORDER FOR FORECLOSURE UNDER TEX. R. CIV. PROC. 736 PAGE 4Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Michele Cole on behalf of Jason Reed Bar No. 24043887 mcole@riddleandwilliams. com Envelope ID: 100867569 Filing Code Description: Proposed Order Filing Description: Order for Foreclosure Status as of 5/16/2025 1: 08 PM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Jason Reed jreed@riddleandwilliams. com 5/15/2025 10: 11: 18 AM SENT