Foreclosure Notice*
FRCL-2026-2578 FILED 4/13/2026 10:23:35 AM TENESHIA HUDSPETH, COUNTY CLERK, HARRIS COUNTY, TEXAS DS/iG/26 SPL BS i AH 7 (K Sale STATE OF TEXAS § : » § 2 COUNTY OF HARRIS § NOTICE OF SUBSTITUTE TRUSTEE'S SALE 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. Notice is hereby given that a public sale, at auction, of the Property (as hereinafter defined) will be held at the date, time and place specified in this notice. DATE, TIME AND PLACE OF SALE: Tuesday, May 5, 2026 (which is the first Tuesday of that month) between the hours of 10:00 a.m. and 4:00 p.m. (Harris County, Texas time); the caress tH time at wrich. the foreclosure sale will begin | is ven 00 a.m. and not later an “ree hours . pee 2 i enter located | XAS u esigna issioners' C INDEBTEDNESS PROMPTING SALE: That certain Real Estate Lien Note, dated March 22, 2023, in the original principal en of 2023, in the original principal amount of $9,200,000.00, executed by BELLATX2023 LLC, a Texas limited liability company (“Borrower”), and made payable to the order of WaFd Bank, formerly known as Washington Federal Bank, a Washington state-chartered bank (“Lender”), as amended by the First Modification Agreement (herein so called), dated effective as of July 31, 2024, executed by the Borrower and Lender and Second Modification Agreement (herein so called), dated effective as of November 1, 2024, executed by the Borrower and Lender (together with all extensions, modifications and replacements thereof, collectively the “Note”), such indebtedness evidenced by the Note being governed by the Letter Loan Agreement, dated March 22, 2023, executed between the Borrower and Lender (the “Loan Agreement”). DEED OF TRUST AND SECURITY INTERESTS CREATING LIEN THAT IS THE SUBJECT OF SALE: That certain Deed of Trust, Assignment of Leases and Rents, Security Agreement and Financing Statement, dated March 22, 2023, executed and delivered by Borrower, as grantor ("Grantor"), to Lender, in favor of Tony Barnard, as trustee (the "Original Trustee"), for the benefit of Lender, and recorded as document number RP-2023-104238 in the Official Records of Harris County, Texas, granting a lien and security interest on real and personal property described in such deed of trust (together with all extensions, modifications and replacements thereof, collectively the "Deed of Trust"). a : OWNER AND HOLDER OF INDEBTEDNESS AND SECURITY INSTRUMENT: Lender is the sole legal owner and holder of the Note, the Loan Agreement and Deed of Trust and all beneficial interests, rights and remedies under the Note, the Loan Agreement and Deed of Trust. my Notice of Substitute Trustee's Sale 1 11887324v2 (79352.00048.000) 2? lor C2) 0 \ee lee TENESHIA HUDSPETH, COUNTY CLERK, HARRIS COUNTY, TEXAS FRCL-2026-2578 FILED 4/13/2026 10:23:35 AM and all other written documents, instruments, or agreements executed, delivered, made or entered into in connection with the Note, the Loan Agreement and Deed of Trust, including, but not limited to, all modifications, amendments, forbearance agreements covering the Note, the Loan ‘Agreement, Deed of Trust and other loan documents securing, evidencing and governing the loan evidenced by the Note (collectively, the "Loan Documents"). PROPERTY BEING SOLD: The real property is situated in Harris County, Texas (the "Land"), together with all improvements and all other property more fully described in the Deed of Trust, including, without limitation, all personal property in which a security interest is granted to Lender under the Deed of Trust (collectively, the "Property"), the Land being described as set forth on Exhibit A hereto. . : SUBSTITUTE TRUSTEE CONDUCTING THE SALE: Lender has appointed CHARLES E. ASTER, GORDON B. RUSSELL, and BRIAN W. CLARK (each of whose address is.901 Main Street, Suite 5200, Dallas, Texas, 75202 / Phone: (214) 777-4200), and FORREST M. SMITH III and BRYAN SANYI (each of whose address is 5151 San Felipe Street, Suite 800, Houston Texas 77056./ Phone: (713) 425-7400) (collectively "Substitute Trustees" or severally, S itute Trustee"), each of whom may act alone, without the necessity of joinder of any ti e in the place and stead of, and to succeed to all the rights, titles, powers d the: of Trust to the Trustee to act under and by virtue of the Deed of to Sell the f cas hat.the proceeds of such sale be applied in accordance with the provisions:of the Deéd of Trust, thi er Documents and under applicable law. Therefore, on the date an and place se’ h above, Substitute Trustee will sell the U1: t Property to the highest bidder for ca of the Deed of ‘Exust and applicable law, subject to the right of Lender to enter a cre ¢ he ic right of Lender to direct Substitute Trustee to postpone and“fesume the foreclo cancel the foreclosure sale in its sole and absolute discretion. PURSUANT TO SECTION 51.009 OF THE TEXAS PROPERTY CODE, THE PROPERTY WILL BE SOLD AND CONVEYED BY THE SUBSTITUTE TRUSTEE "AS IS," AND THE PURCHASER AT THE FORECLOSURE SALE SHALL ACQUIRE THE FORECLOSED PROPERTY AT THE PURCHASER’S OWN RISK AND "AS IS" AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, EXCEPT AS TO THE WARRANTY OF TITLE GIVEN TO THE PURCHASER BY AND ON BEHALF OF THE GRANTOR OF THE DEED OF TRUST, ITS SUCCESSORS, ASSIGNS, HEIRS AND LEGAL REPRESENTATIVES BY VIRTUE.OF AND PURSUANT TO THE AUTHORITY CONFERRED BY THE DEED OF TRUST, ANY SUCH OTHER WARRANTIES BEING EXPRESSLY DISCLAIMED; AND SUCH PURCHASER IS AND SHALL NOT BE A CONSUMER. - ‘ The foreclosure 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 foreclosure 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. For the avoidance of doubt, the foreclosure sale will not cover any part of the Property that has been released of public _ record from the lien and/or security interest of the Deed of Trust by Lender. Prospective bidders are strongly urged to examine the applicable property records to determine the nature and extent of such . . : g Notice of Substitute Trustee's Sale - 2 _ 11887324v2 (79352.00048.000) TENESHIA HUDSPETH, COUNTY CLERK, HARRIS COUNTY, TEXAS FRCL-2026-2578 FILED 4/13/2026 10:23:35 AM matters, if any. If Lender passes the foreclosure sale, notice of the date of any rescheduled foreclosure sale will be reposted, refiled, and mailed in accordance with the posting, filing, and mailing requirements of the Deed of Trust and the Texas Property Code. Pursuant to Section 51.0075(a) of the Texas Property Code, Substitute Trustee reserves the right to set further reasonable conditions for conducting the foreclosure sale. Any such further conditions shall be announced before bidding is opened for this foreclosure sale. 4 [Signature Page to Follow] UNOFFICIAL copy t Notice of Substitute Trustee's Sale 3 11887324v2 (79352.00048.000) TENESHIA HUDSPETH, COUNTY CLERK, HARRIS COUNTY, TEXAS FRCL-2026-2578 FILED 4/13/2026 10:23:35 AM NOFFICT I! IN WITNESS WHEREOF, this Notice of Substitute Trustee's Sale has been executed on the/ $74 day of fipe:l , 2026. Forrest M. Smith III, Substitute Trustee "> STATE OF TEXAS § COUNTY OF HARRIS § The foregoing instrument was acknowledged before me on the (2. day of fy ¢ nN \ , 2026, lo r Notary Public, [Seal] NICOLE TALL Notary PubRe, State of Texas Notary 104: 135597392 7 My Commission Expres 10-22-2029 After Recording Return To: Kane Russell Coleman Logan PC Attn: Forrest M. Smith III 5151 San Felipe Street, Suite 800 Houston, Texas 77056 Notice of Substitute Trustee's Sale Signature Page 11887324v2 (79352.00048.000) TENESHIA HUDSPETH, COUNTY CLERK, HARRIS COUNTY, TEXAS FRCL-2026-2578 FILED 4/13/2026 10:23:35 AM . TRACT 1: - ANO THE NORTH RIGHT OF WAY LINE OF SAID AVENU! _ TRACT 2: EXHIBIT A ., LEGAL DESCRIPTION OF PROPERTY BEING A TRACT O CITY OF SOUTH H¢ MAP RECORDS, AND BEGINNING AT A 1/21 16TH STREET (60 FEE AINING 3.165 ACRES (137,866 SQUARE FEET) OF LAND OUT OF BLOCK 211 5 DESCRIBED BY PLAT RECORDED IN VOLUME 2, PAGE 42, HARRIS COUNTY ARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: OUND AT THE INTERSECTION OF THE EAST RIGHT OF WAY LINE OF HE NORTH RIGHT OF WAY LINE OF AVENUE "M" (11TH AVENUE) (80 FEET WIDE), SAID POIN ING ALSO BEING THE SOUTHWEST CORNER OF SAID BLOCK 211 AND THE SOUTHWEST CORNE! AID TRACT HEREIN DESCRIBED; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST WITH THE EAST RIGHT OF WAY OF SAID 16TH STREET AND THE WEST LINE OF SAID BLOCK 211, A DISTANCE OF 300.00 FEET TO A 5/8 INCH IRON ROD SET FOR THE NORTHWEST CORNER OF BLOCK 2114 LOCATED IN THE SOUTH RIGHT OF WAY LINE OF AVENUE "L” (10TH AVENUE) (80 FEET WIDE), : , oe THENCE NORTH 90 DEGREES 00 MINUTE SAID AVENUE °L" AND THE NORTH LI ONDS EAST, WITH THE SOUTH RIGHT OF WAY LINE OF BLOCK 211, A DISTANCE OF 414.81 FEET TO AN "X" CUT IN ID TRACT HEREIN DESCRIBED; THENCE SOUTH 32 DEGREES 42 MINUTES, INOS EAST WITH THE SOUTHWEST RIGHT OF WAY LINE OF SOUTH ALLEN GENOA AND WITHA E oF SAID TRACT HEREIN DESCRIBED A DISTANCE OF 183.85 FEET TO AN °X" SET FORA ST WITH A SOUTHWEST LINE OF SAID TRACT HEREIN DESCRIBED, A DISTANCE OF 85.59 ICH IRON ROD SET FOR AN INTERIOR CORNER; THENCE SOUTH 32 DEGREES 43 MINUTES HEREIN DESCRIBED, A DISTANCE OF 100.00 FEEF TO AN “ THENCE SOUTH 01 DEGREES 13 MINUTES 00 SE! OESCRIBED, A DISTANCE OF 40.00 FEET TO AN “ OF SAID TRACT HEREIN.DESCRIBED LOCATED IN T THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS, WEST. T iN CONCRETE SET FOR AN ANGLE POINT; IDS EAS] WITH AN EAST LINE OF SAID TRACT HEREIN RETE FOUND FOR A SOUTHEAST CORNER RIGHT OF WAY LINE OF SAID AVENUE “mM”; IE SOUTH LINE OF SAID BLOCK 211 E OF 480.95 FEET TO THE POINT OF EET) OF LAND, MORE OR LESS. BEGINNING AND CONTAINING 3.165 ACRES (137,866 SQ PORTION OF BLOCK 212, OF PLAT THEREOF RECORDED IN 1.9440 ACRE TRACT BEING MORE f A TRACT OR PARCEL OF LAND CONTAINING 1.9440 ACRE SOUTH HOUSTON, HARRIS COUNTY, TEXAS ACCORDING Ti VOLUME 2, PAGE 42 OF THE HARRIS COUNTY MAP RECORI PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS; 2 AT THE INTERSECTION NORTH RIGHT-OF-WAY LINE BEGINNING AT A"X" IN CONCRETE SET AT THE SOUTHWEST COR OF THE EAST RIGHT-OF-WAY LINE OF 16TH STREET (60 FEET WIDI OF AVENUE "L": Exhibit A= page 1 of 2 Notice of Substitute Trustee's Sale "Exhibit A - 11887324v2 (79352.00048.000) T WITH A NORTHEAST LINE OF SAID TRACT © TENESHIA HUDSPETH, COUNTY CLERK, HARRIS COUNTY, TEXAS FRCL-2026-2578 FILED 4/13/2026 10:23:35 AM EGREES 54 MINUTES 13.SECONDS WEST, ALONG THE EAST RIGHT-OF-WAY LINE OF E BEING THE WEST LINE OF BLOCK 212, A DISTANCE OF 300.00 FEET TO A “X" IN SOUTH. RIGHT-OF-WAY LINE OF AVENUE "’, AT THE NORTHWEST CORNER OF BLOCK 212, IN DESCRIBED TRACT; THENCE NORT! BEC 05 MINUTES 47 SECONDS EAST, ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID AVENUE " p THE NORTH LINE OF BLOCK 212, A DISTANCE OF 193.67 FEET TOA 5/8 INCH i RIGHT-OF-WAY LINE OF SOUTH ALLEN GENOA ROAD, BEING THE NORTHWEST CORNER.OF A CG 6 E TRACT AS DESCRIBED IN HARRIS COUNTY CLERKS FILE NO. MS07395, BEING THE NORTHEA OF THE HEREIN DESCRIBED TRACT; UTES 35 SECONDS EAST, ALONG THE WEST RIGHT-OF-WAY LINE OF SAID SOUTH ALLEN GENOA , SAME BEING THE WEST LINE OF SAID 0.0692 ACRE TRACT, A DISTANCE SET FOR AN ANGLE POINT; 34 SECONDS EAST, CONTINUING ALONG THE WEST RIGHT-OF- NOA'ROAD, SAME BEING THE WEST LINE OF SAID 0.0692 ACRE TRACT, A DISTANCE OF 31.84 FEET TOA ICH IRON ROD SET FOR AN ANGLE POINT; THENCE SOUTH 089 DEGREES 23 MINUTES. CONDOS WEST, CONTINUING ALONG THE WEST RIGHT-OF: WAY LINE OF SAID SOUTH ALLEN.GEN! SAME BEING THE WEST LINE OF SAID 0.0692 ACRE TRACT, A DISTANCE OF 14.14 FEET TO A’ IRON'ROD SET FOR AN ANGLE POINT IN THE NORTH RIGHT-OF- WAY LINE OF AVENUE "L", THENCE SOUTH 54 DEGREES 23 MINUT OF- WAY LINE OF SAID AVENUE “t", SAM OF 7.50 FEET TO A 5/8 INCH IRON ROD’ \ [OS WEST, CONTINUING ALONG THE NORTH RIGHT- EST LINE OF SAID 0.0692 ACRE TRACT, A DISTANCE TT OF TANGENCY OF A CURVE TO THE RIGHT; RADIUS OF 50.00, A CENTRAL ANGLE OF 32 OUTH 70 DEGREES 44 MINUTES 37 SECONDS IGTH OF 28.54 FEET TO A 5/8 INCH IRON ROD THENCE ALONG SAID CURVE TO THE DEGREES 43 MINUTES 21 SECONDS, A CHORD BEA! WEST, A CHORD DISTANCE OF 28.16 FEET SET IN THE NORTH RIGHT-OF-WAY LINE OF NUE “L” FOR POINT OF TANGENCY; THENCE SOUTH 87 DEGREES 05 MINUTES 47 SECONDS ONG THE NORTH RIGHT-OF-WAY LINE OF SAID AVENUE "L", SAME BEING THE SOUTH LINE ISTANCE OF 322.53 FEET TO THE POINT OF BEGINNING AND CONTAINING 1.9440 ACRES (84, FEET) OF LAND. MORE OR LESS. %, Notice of Substitute Trustee's Sale Exhibit A : 11887324v2 (79352.00048.000) TENESHIA HUDSPETH, COUNTY CLERK, HARRIS COUNTY, TEXAS FRCL-2026-2578 FILED 4/13/2026 10:23:35 AM FILED FOR RECORD 10:15:12 AM Monday, April 13, 2026 Whe bduth COUNTY CLERK, HARRIS COUNTY, TEXAS ANY PROVISION HEREIN WHICH RESTRICTS THE SALE RENTAL, OR U HE REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UND . THE STATE OF TEXAS COUNTY OF HARRIS | hereby certify that this instrument was FILED in File Number Sequence on the date and at the t stamped hereon by me; and was duly RECORDED; in the Official Public Records of Real Property County Texas Monday, April 13, 2026 he Babak COUNTY CLERK HARRIS COUNTY, TEXAS