rip ME U ! 6 PM 12: F NOTICE OF FORECLOSURE SALE COUNTY CLERK COW ' ' UNT'. TEXAS 3 : OFPUTY STATE OF TEXAS KNOW ALL MEN BY T E PRESENTS: COUNTY OF COLLIN WHEREAS, AIP McKINNEY LLC, a Texas limited liability company (" Mortgagor"), executed and delivered to SAM L. SUSSER ( the " Original Trustee") for the benefit of SUSSER BANK, a Texas state bank (" Mortgagee"), whose street address is 3030 Matlock Road, Suite 205, Arlington, Texas 76015, that certain Deed ofTrust, Security Agreement, Assignment of Leases, Assignment of Rents and Financing Statement ( as same may have been heretofore extended, renewed, modified and/or restated, the " Deed of Trust"), dated October 12, 2024, recorded on December 2, 2024 as Document No. 2024-2024000148662, in the Real Property Records of Collin County, Texas, as additional security for: (i) that certain Promissory Note ( as same may have been amended, modified, extended, renewed, restated and/or replaced, the North Freeway Note") dated October 12, 2022 in the original principal amount of 4,375,848.00, executed by AIP NORTH FREEWAY, LLC, a Texas limited liability company North Freeway Borrower") and payable to Mortgagee, and all other indebtedness, liabilities and obligations ( collectively, the " North Freeway Indebtedness") described in the North Freeway Note, the Loan and Security Agreement ( Construction) dated of even date with the North Freeway Note, between Mortgagee, North Freeway Borrower and the Guarantors defined therein the "North Freeway Loan Agreement"), and the Deed of Trust dated October 12, 2022, recorded on October 18, 2022, as Document No. D222250810, in the Real Property Records of Tarrant County, Texas from the North Freeway Borrower in favor ofthe Mortgagee ( the "North Freeway Deed ofTrust" and together with the North Freeway Note, North Freeway Loan Agreement, the Deed of Trust and other documents evidencing, securing or governing the North Freeway Indebtedness are, collectively, the " North Freeway Loan Documents"); and ( ii) that certain Promissory Note ( as same may have been amended, modified, extended, renewed, restated and/or replaced, the " Keller Note" and together with the North Freeway Note, herein the " Note") dated October 12, 2022 in the original principal amount of $5,845,723.00, executed by AIP KELLER HICKS, LLC, a Texas limited liability company (" Keller Hicks Borrower", and together with the North Freeway Borrower, herein the " Borrower") and payable to Mortgagee, and all other indebtedness, liabilities and obligations ( collectively, the " Keller Hicks Indebtedness", and together with the North Freeway Indebtedness, herein the " Indebtedness") described in the Keller Hicks Note, the Loan and Security Agreement ( Construction) dated of even date with the Keller Hicks Note, between Mortgagee, Keller Hicks Borrower and the Guarantors defined therein ( the " Keller Hicks Loan Agreement" and together with the North Freeway Loan Agreement, herein the " Loan Agreement"), and the Deed of Trust dated October 12, 2022, recorded on October 18, 2022, as Document No. D222250641, Real Property Records, Tarrant County, Texas, executed by the Keller-Hicks Borrower in favor ofMortgagee the " Keller Hicks Deed of Trust" and together with the Keller Hicks Note, Keller Hicks Loan Agreement, Deed of Trust and other documents evidencing, securing or governing the Keller Hicks Indebtedness are, collectively, the " Keller Hicks Loan Documents", and together with the North Freeway Loan Documents, herein the " Loan Documents"); and NOTICE OF FORECLOSURE SALE— Page 1 67963-14/AIP McKinney 4909- 2455- 4333v. 11 67963- 14r WHEREAS, to additionally secure the Indebtedness, the Deed ofTrust created a lien on, among other things, certain land ( the " Land") situated in Collin County, Texas, as more particularly described on Exhibit A hereto, and a lien and security interest in certain other collateral located on or related to the Land as more particularly described on Exhibit B hereto collectively, the " Other Collateral") ( the Land and the Other Collateral being herein collectively called the " Mortgaged Property"); and WHEREAS, the Indebtedness evidenced by the Note and secured by the Deed of Trust has matured by its terms and is now wholly due and payable; and WHEREAS, Mortgagee has made demand upon Borrower to pay to Mortgagee the Indebtedness now due, but such Indebtedness has not been paid; and WHEREAS, pursuant to and in accordance with the authority of Section 51.0075(c) of the Texas Property Code ( the " Substitute Trustee Statute") and the Deed ofTrust, Mortgagee has appointed J. Richard White, Sherry Baldwin, Marina Walker, Lisa A. King, and Amanda R. Grainger, each with a street address of 500 Winstead Building, 2728 N. Harwood St., Dallas, Texas 75201, individually and severally, and not jointly (collectively, the " Substitute Trustees" or, severally, a " Substitute Trustee"), each ofwhom may act alone, without the necessity ofthe joinder of the other Substitute Trustees, as the substitute trustee in the place and stead of and to succeed to all ofthe rights, titles, estates, powers, privileges and authorities granted in the Deed ofTrust to the Original Trustee, and any previously appointed substitute trustee( s); and WHEREAS, Mortgagee, as the current beneficiary under the Deed of Trust, has instructed the Substitute Trustees, or any one ofthem, acting alone without the necessity ofthe joinder of the other Substitute Trustees, to post, file and mail, or cause to be posted, filed and mailed, appropriate notice and to sell the Mortgaged Property, subject to the exceptions set forth herein, to satisfy, in whole or in part, the unpaid Indebtedness; and WHEREAS, the Mortgaged Property will be sold " as- is" without any expressed or implied warranties, except as to warranties oftitle, and at the purchaser's own risk (and not as a consumer) pursuant to Section 51. 009 of the Texas Property Code, subject to the exceptions set forth herein. NOW, THEREFORE, NOTICE IS HEREBY GIVEN that on Tuesday, July 7, 2026 (the Foreclosure Date"), no earlier than 10: 00 a.m., or no later than three hours after that time, the Substitute Trustees, or any one ofthem, acting alone without the necessity ofthe joinder ofthe other Substitute Trustees, will commence the sale of all or a portion of the Mortgaged Property, subject to the aforesaid exclusions, in parcels or as a whole, at public auction to the highest bidder for cash, pursuant to the Deed of Trust and applicable law; such sale will be held at the following designated area, which area was designated by the Commissioner's Court of said County: the front steps of the Collin County Courthouse located at 2100 Bloomdale Road, McKinney, Texas 75071, or such other area as such Commissioner's Court may designate for the subject sale; SUBJECT, HOWEVER, to all liens, exceptions to title, easements, restrictions, and encumbrances affecting any of the Mortgaged Property or title thereto which have equal or superior priority to the lien and security interest created by the Deed ofTrust, and further subject NOTICE OF FORECLOSURE SALE— Page 2 67963- 14/AIP McKinneyto the other aforesaid exclusions. The Substitute Trustee's sale will occur between the earliest time to begin the sale as specified above and 4:00 p.m. onthe Foreclosure Date. If such sale or sales do not result in full satisfaction of all ofthe Indebtedness now due, the lien and security interest of the Deed of Trust shall remain in full force and effect in respect of any of the Mortgaged Property not so sold and any and all other types of real and personal property covered by the Deed ofTrust and not described herein. Assert and protect your rights as a member ofthe armed forces ofthe United States. If you are or your spouse is serving, or within the last nine (9) months have served, 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. IN WITNESS WHEREOF, the undersigned Substitute Trustee has signed this notice as ofJune It. , 2026. The remainder ofthis page is intentionally left blank.] NOTICE OF FORECLOSURE SALE— Page 3 67963- 14/AIP McKinneySUBSTITUTE TRUSTEE: Na e: J. Richard White STATE OF TEXAS COUNTY OF DALLAS § Q1 , This instrument was ACKNOWLEDGED before me on June 2026, by J. Richard White; h the capacity therein stated. SERA - Notary Public in and for the State ofTexas My Commission Expires: Printed Name ofNotary Public tti i fq 4001.c?A-1, Iwo NOTICE OF FORECLOSURE SALE— Signature Page 67963- 14/AIP McKinneyEXHIBIT A Land Tract# 1: Situated in the County of Collin, State of Texas, being a part of the T. J. McDonald Survey, Abstract No. 576, and being apart ofthe described 12.826 acre tract ofland conveyed by Jim. C. Ledbetter to Morton Buildings, Inc., by deed dated March 3, 1977, recorded in Volume 1042, Page 792, Deed Records, Collin County, Texas, and being more particularly described by metes and bounds as follows: Beginning at a found 1/ 2" steel rod at the northeast corner of Lot 2, Block A, Lots 1, 2, & 3, of Future Equipment Addition, an addition to the City of McKinney, Texas as recorded in Volume M, Page 28, Plat Records, Collin County, Texas; Thence North 88°42'28" East, passing a found 1/ 2" steel rod at a distance of468.97 feet, in all a distance of498.98 feet to apoint in east line of said 12.826 acre tract; Thence South 00° 17'O1" East, with said east line, a distance of396.67 feet to a set 1/ 2" steel rod at the southeast corner ofsaid 12.826 acre tract; Thence South 88° 38'03" West, with the south line of said 12.826 acre tract, a distance of499.26 feet to a found 1/ 2" steel rod at the southeast corner of Lot 3R, Future Equipment Addition, as recorded in Doc. No. 2006- 348, Official Public Records, Collin County, Texas; Thence North 00° 14'40" West, with the east line ofsaid Lot 3R, a distance of397.31 feet to the Point ofBeginning and containing 4.548 acres. LESS AND EXCEPT that portion dedicated for McLarry Drive as follows: BEING 0.053 acre ofland located in the THOMAS MCDONALD SURVEY, Abstract No. 576, McKinney, Collin County, Texas, and being a portion ofthe tract of land conveyed to Morton BLDGS Inc., by the deed recorded in Volume 1042, Page 792, ofthe Deed Records of Collin County, Texas. Said 0.053 acre ofland being more particularly described by metes and bounds as follows; BEGINNING at a point at the Northeast corner ofaforesaid Morton BLDGS Inc. Tract, lying in the East line of aforesaid McDonald Survey and the approximate centerline of McLarry Drive. Said POINT OF BEGINNING also being located S 00° 13'45" E 191. 38 feet, from a Iron rod found at the Southeast corner of a tract of land conveyed to Howard Hamilton and Alexander R. Modelski, by the deed recorded in Instrument No. 94-0025396, ofthe Official Public Records of Collin County, Texas;, THENCE S 00° 12' 37" E 124.46 feet, along the East boundary line ofsaid Morton BLDGS Inc. Tract and the West boundary line of a tract of land conveyed to the City ofMcKinney for right- of-way dedication, by the deed recorded in Instrument No. 20140822000905820, of the Official Public Records ofCollin County, Texas, to a W iron rod marked " Brittain& Crawford" set; EXHIBIT A, Land—Page 1 67963- 14/AIP McKinneyTHENCE NORTHWESTERLY 127.98 feet, along a curve to the right, having aradius of380.00 feet, a central angle of 19° 17'47", and a chord bearing N 13° 36'21" W 127.37 feet, to a 1/ 2" iron rod marked " Brittain & Crawford" set in the North boundary line of aforesaid Morton BLDGS Inc. Tract; THENCE N 88°43'26" E 29.51 feet, along the North boundary line of said Morton BLDGS Inc. Tract, to the POINT OF BEGINNING containing 0.053 acre ( 2,293 square feet) ofland. Tract# 2: Being part ofLot 1, Block A, ofFUTURE EQUIPMENT ADDITION, an Addition to the City of McKinney, Collin County, Texas, according to the Plat thereof recorded in Cabinet M, Page 28, Plat Records, Collin County, Texas. Beginning at a 1/ 2" steel rod found for the northeast corner ofsaid Lot 1; Thence South 00° 16'23" East, with the easterly line of said Lot 1, a distance of 191. 12 feet to a 1/ 2" steel rod found for the southeast corner ofsaid Lot 1; Thence South 88°40'37" West, with the southerly of said Lot 1, a distance of 870.04 feet to a 1/ 2" steel rod found for the southwest corner ofsaid Lot 1; Thence North 11° 33'35" East, with the westerly line of said Lot 1, distance of 121. 08 feet to a 1/ 2" steel rod set for the southerly corner of a called 0.0035 acre tract of land described in the deed to State ofTexas recorded in Instrument No. 20061228001820400, Official Public Records, Collin County, Texas; Thence North 14°38'23" East, crossing said Lot 1, with the easterly line of said 0.0035 acre tract, a distance of76.25 feet to a 1/ 2" steel rod set for the northeast corner ofsaid 0.0035 acre tract; Thence North 88°41'39" East, with the northerly line of said Lot 1,. a distance of825.58 feet to the Point- of-Beginning and containing 3.727 acres of land, more or less. EXHIBIT A, Land—Page 2 67963- 14/AIP McKinneyEXHIBIT B Other Collateral All of Mortgagor' s right, title and interest in, to and under the Land and the following items, whether now owned or hereafter acquired by Mortgagor, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the Mortgaged Property covered by the Deed of Trust, and all rights, hereditaments and appurtenances pertaining thereto, all ofwhich are referred to as the "Mortgaged Property". a) Any and all buildings, improvements ( including, but not limited to, roads, curbs, gutters, public utilities, and drainage systems), and tenements now or hereafter attached to or placed, erected, constructed, or developed on the Land (the "Improvements"); b) All equipment, fixtures, furnishings, inventory, and articles ofpersonal property the " Personalty") now or hereafter attached to or used in or about the Improvements or that are necessary or useful for the complete and comfortable use and occupancy ofthe Improvements for the purposes for which they were or are to be attached, placed, erected, constructed or developed, or which Personally is or may be used in or related to the planning, development, financing or operation ofthe Improvements, and all renewals ofor replacements or substitutions for any of the foregoing, whether or not the same are or shall be attached to the Land or Improvements; c) All water and water rights, timber, crops, and mineral interest pertaining to the Land; d) All building materials and equipment now or hereafter delivered to and intended to be installed in or onthe Land or the Improvements, and all other building materials, regardless of location, intended to be installed in or on the Land or the Improvements; e) All plans and specifications for the Improvements and for any future development of or construction on the Land and all contracts and subcontracts relating to the construction of the Improvements on the Land; f) A ll rights ( but not Mortgagor's obligations) under any contracts relating to the Land, the Improvements or the Personalty, including, without limitation, all sales and professional contracts; g) All deposits ( including tenant security deposits), bank accounts, funds, deeds of trust, notes or chattel paper arising from or by virtue of any transactions related to the Land, the Improvements or the Personalty; h) All rights (but not Mortgagor's obligations) under any documents, contract rights, accounts, commitments, construction contracts ( and all payment and performance bonds, statutory or otherwise, issued by any surety in connection with any such construction contracts, and the proceeds of such bonds), architectural contracts, engineering contracts, and general Other Collateral— Page 1 67963- 14/AIP McKinneyr 4 intangibles (including without limitation trademarks, trade names, and symbols) arising from or by virtue ofany transactions related to the Land, the Improvements, or the Personalty; i) All permits, licenses, franchises, certificates, and other rights and privileges now owned or held or hereafter obtained in connection with the Land, the Improvements, or the Personalty; j) All development rights, utility commitments, water and wastewater taps, living unit equivalents, capital improvement project contracts, utility construction agreements with any governmental authority, including municipal utility districts, or with any utility companies ( and all refunds and reimbursements thereunder) relating to the Land or the Improvements; k) All proceeds arising from or by virtue ofthe sale, lease or other disposition ofthe Land, the Improvements, or the Personalty; 1) All proceeds ( including premium refunds) of each policy of insurance relating to the Land, the Improvements, or the Personalty; m) All proceeds from the taking of any of the Land, the Improvements, the Personalty or any rights appurtenant thereto by right of eminent domain or by private or other purchase in lieu thereof, including change of grade ofstreets, curb cuts or other rights ofaccess, for any public or quasi-public use under any law; n) All right, title, and interest in and to all streets, roads, public places, easements, and rights-of-way, existing or proposed, public or private, adjacent to or used in connection with, belonging or pertaining to the Land; o) All of the leases, rents, royalties, bonuses, issues, profits, revenues, or other benefits of the Land, the Improvements, or the Personalty, including without limitation cash or securities deposited pursuant to Leases to secure performance by the tenants oftheir obligations thereunder; p) All consumer goods located in, on, or about the Land or the Improvements or used in connection with the use or operation thereof; however, neither the term " consumer goods" nor the term "Personalty" includes clothing, furniture, appliances, linens, china, crockery, kitchenware, or personal effects used primarily for personal, family, or household purposes; All other interest of every kind and character that Mortgagor now has or at any q) time hereafter acquires in and to the Land, Improvements, and Personalty and all property that is used or useful in connection therewith, including rights ofingress and egress and all reversionary rights or interests of Mortgagor with respect to such property and all ofMortgagor's rights (but not Mortgagor' s obligations) under any covenants, conditions, and restrictions for the Land, as the same may be amended from time to time, including Mortgagor's rights, title, and interests thereunder as declarant or developer, if applicable; and r) All products and proceeds of the Personalty ( the Personalty and other personal property described hereinabove being sometimes collectively referred to as the " Personal Property"). Other Collateral— Page 2 67963- 14/AIP McKinney