FILED10 41.23 CEDARBEND OR, Missouri City, TX, 77459 9102.0003 APPOINTMENT OF SUBSTITUTE TRUSTEE AND· NOTICE OF SUBSTITUTE TRUSTEE SALE THIS INSTRUMENT APPOINTS THE SUBSTITUTE TRUSTEE($) IDENTIFIED TO SELL THE PROPERTY DESCRIBED IN THE SECURITY INSTRUMENT IDENTIFIED IN THIS NOTICE .OF SALE THE PERSON SIGNING THIS NOTICE IS THE ATTORNEY AUTHORIZED AGENT OF THE MORTGAGEE OR MORTGAGE SERVICER. APPOINTMENT OF SUBSTITUTE WHEREAS, in my capacity as the attorney for the Mortgagee and/or its TRUSTEE: Mortgage Servicer, and pursuant to Sect.ion 51.0076 of the Texas Property Code, I hereby name, appoint and designate Jack O'Boyle. Chris Ferguson. Travis Gray, Jeff Leva, Sandy Dasigenis. Megan L. Randle, Ebbie Murphy, Wayne Daughtrey. Steve Leva. Nicole Durrett, Agency Sales and Posting LLC. Travis Gray. Chris Ferguson. or Jack O'Boyle, each as Substitute Tmstee, to act under and by virtue of said Deed of Trust, including posting and filing the public notice-required under Section 51.002 Texas Property Code as amended, and to proceed with a foreclosure of the Deed of Trust lien securing the payment of the Note. SUBSTITUTE TRUSTEE?S c/o JACK O'BOYLE & ASSOCIATES, PLLC, Mailing Address: P.O. Box ADDRESS: 815369, Dailas, Texas 75381; Physical Address: 2727 Lyndon B. Johnson Frwy., Suite 525, Dallas, TX 75234. NOTICE OF SUBSTITUTE WHEREAS, default has occurred in the payment of said herein referenced TRUSTEE SALE: indebtedness, and the same is now wholly due, and the Mortgagee and/or Mortgage Servicer has requested the hereinafter appointed Substitute Trustee to sell said property to the highest bidder for cash and to distribute or apply the proceeds of said sale in accordance with the terms of said Deed of Trust. NOW, THEREFORE, NOTICE IS HEREBY GIVEN that on June 02, 2026 / between the hours of 1 pm-4pm the Substitute Trustee will sell said real property at the place hereinafter set out and pursuant to the terms herein described. The sale will begin at the earliest time stated above or within three (3) hours after that time. LOCATION OF The place of the sale shall be: At the Gus George Law Enforcement Academy SALE: -Patton Hall, 1521 Eugene Heimann Circle, Richmond, Texas 77469 or if the preceding area is no longer the designated area, at the area most recently designated by the County Commissioner's Court in FORT BEND County, Texas or as designated by the County Commissioners. INSTRUMENT TO BE FORECLOSED: Deed of Trust or Contract Lien dated 05/27/2022 and recorded under Volume, 4123 CEDAR BEND DR 111111111111 Ill~ 11111 Ill~ 11111111111111111 4872469 i Page or Clerk's File No. DOC# 2022072562 in the real property records of Fort Bend County Texas, with LATOYSHA D NICHOLS AND CHRISTOPHER NICHOLS, WIFE AND HUSBAND as Grantor(s) and Kellner Mortgage Investments I LTD as Odginal Mortgagee. OBLIGATIONS Deed of Trust or Contract Lien executed by LATOYSHA D NICHOLS AND SECURED: CHRISTOPHER NICHOLS, WIFE AND HUSBAND securing the payment of the indebtedness in the original principal amount of $475,300.00 and obligations therein described including but not limited to the promissory note and all the modifications, renewals and extensions of the promissory note (the "Note") executed by LATOYSHA D NICHOLS. KIRKLAND FINANCIAL LLC is the current mortgagee (the "Mortgagee") of the Note and Deed of Trust or Contract Lien. MORTGAGEE: LEGAL KIRKLAND FINANCIAL LLC is the Mortgagee of the Note and Deed of Trust associated with the above referenced loan. KIRKLAND FINANCIAL LLC's address is: KIRKLAND FINANCIAL LLC c/o KIRKLAND FINANCIAL LLC POBOX970 GOODLETTSVILLE, TN 3 7070 DESCRIPTION OF LOT SIX (6), IN BLOCK THREE ·(3), FINAL PLAT OF LAKESHORE PROPERTY TO BE FOREST ESTATES AT LAKE OLYMPIA, A SUBDIVISION OF SOLD: FORT BEND COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN SLIDE NO. 1645/A AND B, OF THE PLAT RECORDS OF FORT BEND COUNTY, TEXAS (the "Property") REPORTED I PROPERTY 4123 CEDAR BEND DR, Missouri City, TX 77459 ADDRESS: TERMS OF SALE: The Substitute Trustee will sell the Property by public auction at the place and date specified herein. 4123 CEDAR BEND DR Pursuant to Section 51.009 of the Texas Property Code, the property will be sold in "AS IS, WHERE IS" condition, without any express or implied warranties, except as to the warranties of title (if any) provided for under the Deed of Trust. Prospective bidders are advised to conduct an independent investigation of the nature and physical condition of the property and the priority of the lien being foreclosed. 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 Mortgagee and/or Mortgage Servicer 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 their bid immediately in cash if their bid is accepted. 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. The sale shall not cover any part of the property that has been released of public record from the lien of the Deed of Trust. Prospective bidders are strongly urged to examine the applicable property records to determine the priority, nature and extent of such matters, if any. In the event of a defect or other problem with the foreclosure process is discovered that may invalidate the sale, the consideration paid will be returned to the purchaser as the sole and absolute remedy. In the event of any claim or action brought by any person including the purchaser requiring or resulting in the invalidation of the sale and rescission of the Trustee's Deed or Substitute Trustee's Deed, purchaser's damages resulting therefrom are limited to the consideration paid to the Trustee or Substitute Trustee and the sole and absolute remedy shall be the return to purchaser of the consideration paid. The purchaser shall have no further recourse against the Trustee, Substitute Trustee, Mortgagee and/or Mortgage Servicer, or its attomey(s). The Deed of Trust permits the Mortgagee and/or Mortgage Servicer to postpone, withdraw, or reschedule the sale for another day. In that case, the Trustee under the Deed of Trust or Substitute Trustee appointed herein 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. The reposting or refiling may be after the date originally scheduled for this sale. ASSERT AND PROTECT YOUR RIGHTS AS A MEMBER OF THE ARMED FORCES OF -• - ---· THE UNITED ST ATES. 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. 4123 CEDAR BEND DR i Respectfully, JACK O'BOYLE & ASSOCIATES, PLLC ~ _Jack O'Boyle I SBN: 15 • 300 jack@jackoboyle.com, j._Travis H. Gray ISBN:. 24044965 travis@jackoboyle.com _Chris Ferguson ISBN: 24069714 chris@jackoboyle.com. P.O. Box 815369 Dallas, Texas 75381 P: 972.247.0653 IF: 972.247.0642 ATTORNEYS FOR MORTGAGEE AND/OR ITS MORTGAGE SERVICER CERTIFICATE OF POSTING My name is ___________ , and my address is c/o 2727 Lyndon B. Johnson Frwy., Suite 525, Dallas, TX 75234. I declare under the penalty of perjury that on ______ I filed at the office of the Fort Bend County Clerk and caused to be posted at the Fort Bend County courthouse (or other designated place) this notice of sale. Signed: ______________ _ Declarant's Name: ----------- Date: --------------- 4123 CEDAR BEND DR -,