Foreclosure Notice*
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202E APR 13 AM II: 32
NOTICE OF FORECLOSURE SALE STACEY KEMP
COUNTY CLERK
COL N OUNTY. TEXAS
DEPUTY
STATE OF TEXAS BY:
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF COLLIN
WHEREAS, AVANCE MANAGEMENT INC., a Texas corporation ( the " Mortgagor"),
executed that certain $250,000.00 Revolving/Installment Note (as the same has been amended,
restated, modified or supplemented from time to time, the " Term Note") dated October 4, 2021,
executed by Mortgagor payable to the order of FIFTH THIRD BANK, NATIONAL
ASSOCIATION (" Mortgagee") successor in interest to Comerica Bank (" Comerica") whose
street address is 6260 East Mockingbird Lane, 2nd Floor, Dallas, TX 75214, secured by that
certain Security Agreement (as the same has been amended, restated, modified or supplemented
from time to time, the " Term Security Agreement"), dated as of October 4, 2021, executed by
Mortgagor in favor of Comerica and that certain $ 2,563,000.00 U.S. Small Business
Administration Note ( as the same has been amended, restated, modified or supplemented from
time to time, the " RE Note" and together with the Term Note, the " Notes"), dated October 4,
2021, executed by Mortgagor payable to the order of Comerica and secured by, among others, (i)
that certain Deed of Trust, Security Agreement and Assignment of Rents ( as same may have
been heretofore amended, modified, extended, renewed and/or restated, the " Deed of Trust"),
dated October 4, 2021, recorded on October 5, 2021 as Document Number 20211005002030760,
Real Property Records, Collin County, Texas, to Brian P. Foley, as trustee ( the " Original
Trustee"), for the benefit of Comerica, and ( ii) that certain Security Agreement (as same may
have been heretofore amended, modified, extended, renewed and/or restated, the " RE Security
Agreement", and together with the Term Security Agreement, the " Security Agreements"), dated
as of October 4, 2021, executed by Mortgagor in favor of Comerica, and all other indebtedness,
liabilities and obligations ( collectively, the " Indebtedness") described in the Notes, Deed of
Trust, Security Agreements, Loan Agreement ( as the same has been amended, restated, modified
or supplemented from time to time, the " Term Loan Agreement") dated October 4, 2021, by and
among Mortgagor, Tim Avance and Stephanie Avance ( each a " Guarantor" and together the
Guarantors") and Comerica and that certain Loan Agreement ( as the same has been amended,
restated, modified or supplemented from time to time, the " RE Loan Agreement"; and together
with the Term Loan Agreement, the " Loan Agreements"), dated October 4, 2021, by and among
Mortgagor, Guarantors, and Comerica and any and all other documents evidencing, governing,
securing or otherwise pertaining to the aforesaid debt and Mortgaged Property and other
collateral for such debt( collectively, the "Loan Documents").
WHEREAS, to secure the Indebtedness, the Deed ofTrust created a lien on, among other
things, certain land ( the " Land") situated in 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 along with ( a) rights, privileges, tenements,
hereditaments, rights-of-way, easements, licenses, appendages and appurtenances • in any way
pertaining thereto, and rights, titles, rights-of- way, easements, licenses, appendages, and
appurtenant and interests ofMortgagor in and to any streets, ways, alleys, strips ofland adjoining
the Land or any part thereof; (b) additions, substitutions, replacements and revisions thereof and
NOTICE OF FORECLOSURE SALE— Page 1
4902- 6192- 5278v. 4 19448- 1908thereto and all reversions and remainders therein; and ( c) other security and collateral of any
nature whatsoever, now or hereafter given for the repayment or performance ofthe Indebtedness.
In the definition ofProperty, a reference to a type ofcollateral shall not be limited by a separate
reference to a more specific or narrower type of that collateral being herein collectively called
the " Mortgaged Property"); and
WHEREAS, a default has occurred in the performance ofone or more covenants in the
Loan Documents, and the Indebtedness has been accelerated and is now wholly due and payable;
and
WHEREAS, Mortgagee has made demand upon Mortgagor 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 of Trust, Mortgagee has
appointed J. Richard White, Amanda R. Grainger, Sherry A. Baldwin, Marina Walker, Ann
Hellman and Jose Romero each with a street address of c/o Winstead PC, 500 Winstead
Building, 2728 N. Harwood Street, Dallas, Texas 75201, individually and severally, and not
jointly (collectively, the " Substitute Trustees" or, severally, a " Substitute Trustee"), each of
whom may act alone, without the necessity of the joinder ofthe other Substitute Trustees, as the
substitute trustee in the place and stead of and to succeed to all of the 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, the actions herein taken are pursuant to that certain Agreed Order Granting
Motion ofLender for Relief from the Automatic Stay, dated April 8, 2026, in the United States
Bankruptcy Court for the Eastern District of Texas Sherman Division, Case No. 25-43630,
Chapter 7; 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 all title exceptions of
record in the Real Property Records of Collin County, Texas and to all matters that would be
revealed by an on-site inspection of the Mortgaged Property 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 ofthe Texas Property Code.
NOW, THEREFORE, NOTICE IS HEREBY GIVEN that on Tuesday May 5, 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 ofthejoinder ofthe
other Substitute Trustees, will commence the sale of all or a portion ofthe Mortgaged Property,
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
NOTICE OF FORECLOSURE SALE—Page 2designated by the Commissioner's Court of said County: the front steps of the Collin County
Courthouse located at 210 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, easements, restrictions, and encumbrances affecting any of the Mortgaged Property
or title thereto, and all other matters that would be revealed by an on-site inspection of the
Mortgaged Property, which have equal or superior priority to the lien and security interest
created by the Deed of Trust. The Substitute Trustee's sale will occur between the earliest time
to beginthe sale as specified above and 4:00 p.m. on the Foreclosure Date.
If such sale or sales do not result in full satisfaction of all of the Indebtedness now due,
the lien and security interest ofthe 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 of the armed forces of the 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 ofthe 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
ofApril 10, 2026.
The remainder ofthis page is intentionally left blank.]
NOTICE OF FORECLOSURE SALE— Page 3SUBSTITUTE TRUSTEE:
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Name: She IA. Baldwin
STATE OF TEXAS
COUNTY OF DALLAS §
a, 2026, by Sherry A.
This instrument was ACKNOWLEDGED before me on April /
Baldwin, in the capacity herein stated.
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WkePti
S E A L] Gf/j,f.0 ` lc
N tary P ism and for the State of Texas
My Commission Expires:
Printed Name ofNotary Public
40" Itt,. Kathy Marie McWhorter
Notary Public, State ofTexas
9k1 Notary ID839490-8
I
44 . My Commission Exp. 04.10.2027
NOTICE OF FORECLOSURE SALE- Signature PageEXHIBIT A
Land
CITY OF ALLEN]
The description ofthe Land follows this cover page.]
EXHIBIT A, Land—Cover PageEXHIBIT A
LAND
BEING Lot 2A ofthe Replat ofFreedom Self Storage Addition, anAddition to the City ofAllen,
Collin County, Texas, according to the replat thereofrecorded in Volume 2015, Page 761 ofthe
Map Records ofCollin County, Texas.
EXHIBIT A, Land— Solo Page
4915- 4616- 8734v. 1 19448- 1908EXHIBIT B
Other Collateral
The description ofthe Other Collateral follows this cover page]
EXHIBIT B, Other Collateral— Cover PageEXHIBIT B
Other Collateral
1. " CONTRACTS" shall mean any and all (a) contracts for the sale of all or any portion of
the Land, whether such Contracts are now or at anytime hereafter existing, and together
with all payments, earnings, income, and profits arising from sale ofall or any portion of
the Land (defined below) or from the Contracts, and all other sums due or to become due
under and pursuant thereto; ( b) contracts, licenses, permits, and rights relating to utility
services whether executed, granted, or issued by a private person or entity or a
governmental or quasi-governmental agency, which are directly or indirectly related to, or
connected with, the Land; ( c) all other contracts, licenses, permits and rights which in any
way relate to the use, enjoyment, occupancy, operation, maintenance, or ownership ofthe
Land ( including, if applicable, any and all leases, subleases or other agreements pursuant
to which Mortgagor is granted a possessory interest in orthe rightto possess, use orenjoy
any of the Land), including but not limited to restrictive covenants, easements,
condominium documents, planned development documents, maintenance agreements, and
service contracts; and (d) all renewals, extensions, amendments and other modifications
with respect to any ofthe foregoing.
2. " FIXTURES" shall mean all materials, supplies, equipment, apparatus and other items
now or hereafter attached to, installed in or used ( temporarily or permanently) in
connection with any of the Improvements ( as defined below) or the Land ( as defined
below), and all renewals, replacements, and substitutions thereof and additions thereto,
including butnot limitedto any and all: partitions; ducts; shafts; pipes; radiators; conduits;
wiring; window screens and shades; drapes; rugs and other floor coverings; awnings;
motors; engines; boilers; stokers; pumps; dynamos; transformers; generators; fans;
blowers; vents; switchboards; elevators; mail conveyors; escalators; compressors;
furnaces; cleaning systems; sprinkler systems; fire extinguishing apparatus; water tanks;
swimmingpools; heating,ventilating,plumbing,laundry,incinerating,airconditioningand
air cooling systems; water, gas and electric equipment; disposals; dishwashers; washers;
dryers; refrigerators and ranges; cafeteria equipment; recreational equipment; and facilities
ofall kinds, all ofwhich Land and things are hereby declared to be permanent accessions
to the Land.
3. " IMPOSITIONS" shall mean all rates and charges ( including deposits) for: insurance;
taxes ( both realty and personalty); water, gas, sewer, electricity, telephone and other
utilities; easements, licenses, agreements and other Contracts maintained for the benefit of
the Land; and all other charges (and any interest, costs or penalties with respectthereto) of
each and every nature whatsoever which may now or hereafter be assessed, levied or
imposed upon the Land or the Rents (as defined below) or the ownership, use, occupancy
or enjoyment thereof.
4. " IMPROVEMENTS" shall mean any and all buildings, parking areas and other
improvements, and any and all additions, alterations, or appurtenances thereto, now or at
any time hereafterplaced or constructed upon the Land orany part thereof.
EXHIBIT B, Other Collateral— Pagel
4911- 5103- 1965v.2 19448-19085. " LEASES" shall mean all leases ( including, oil, gas and other mineral leases), master
leases, subleases, licenses, concessions, contracts or other agreements( written or oral, now
or hereafter in effect) which grant a possessory interest in and to, or the right to use, any
portion of the Land, together with all security and other deposits or payments made in
connection therewith and any and all guaranties ofleases related thereto.
6. " MINERALS" shall mean any and all substances in, on, or under the Land which are now,
or may become in the future, intrinsically valuable, that is, valuable in themselves, and
which now or may be in the future enjoyed through extraction or removal from the Land,
including without limitation, oil, gas, and all other hydrocarbons, coal, lignite, carbon
dioxide and all other nonhydrocarbon gases, uranium and all other radioactive substances,
and gold, silver, copper, iron and all other metallic substances or ores, upon extraction or
removal from the Land. The term" Minerals" shall include " oil and gas production" and" as
extracted collateral" as such terms are defined in the Texas Business and Commerce Code
the " Code").
7. " PERSONALTY" shall mean all ofthe right, title, and interest ofMortgagor in and to (a)
furniture, furnishings, equipment, machinery, goods ( including, but not limited to, crops,
farm products, timber and timber to be cut and extracted Minerals);( b) general intangibles,
money, insurance proceeds, accounts chattel paper ( including without limit electronic
chattel paper and tangible chattel paper), rights to payment evidenced by chattel paper,
documents or instruments, health care insurance receivables, commercial tort claims,
letters of credit, letter of credit rights, supporting obligations, and rights to payment for
money orfunds advanced or sold, contract and subcontract rights, trademarks, trade names,
inventory; ( c) all refundable, returnable, or reimbursable fees, deposits or other funds or
evidences of credit or indebtedness deposited by or on behalf ofMortgagor ( or otherwise
existing for Mortgagor's benefit) with any governmental agencies, boards, corporations,
providers ofutility services( public or private) or other person( s) including specifically, but
without limitation, all refundable, returnable, or reimbursable tap fees, utility deposits,
commitment fees and development costs, any awards, remunerations, reimbursements,
settlements, or compensation heretofore made or hereafter to be made by any
Governmental Authority pertaining to the Land, Fixtures, Contracts, or Personalty,
including but not limited to those for any vacation of, or change of grade in, any streets
affecting the Land and those for municipal utility district or other utility costs incurred or
deposits made in connection with the Land; ( d) all software (for purposes ofthis Deed of
Trust, " software" consists of all ( i) computer programs and supporting information
provided in connection with a transaction relating to the program, and ( ii) computer
programs embedded in goods and any supporting information provided in connection with
a transaction relating to the program whether or not the program is associated with the
goods in such a manner that it customarily is considered part ofthe goods, and whether or
not, by becoming the owner of the goods, a person acquires a right to use the program in
connection with the goods, and whether or not the program is embedded in goods that
consist solely ofthe medium in which the program is embedded), and( e) all other personal
Land of any kind or character as defined in and subject to the provisions of the Code
Article 9- Secured Transactions); any or all ofwhich are now owned or hereafter acquired
by Mortgagor, and which are now or hereafter situated in, on, or about the Land, or used
in or necessary or desirable to the complete and proper planning, development,
EXHIBIT B, Other Collateral— Page2construction, financing, use, occupancy, or operation thereof, or acquired (whether
delivered to the Land or stored elsewhere) for use in or on the Land, together with all
accessions, replacements, and substitutions thereto or therefor and the proceeds thereof.
8. " RENTS" shall mean the rents, revenues, income, proceeds, profits, security and other
types ofdeposits( after Mortgagor acquires title thereto), and other benefits paid or payable
by parties to the Contracts and/or Leases ( other than Mortgagor) for using, leasing,
licensing, possessing, operating from, residing in, selling, or otherwise enjoying all or any
portion ofthe Land.
EXHIBIT B, Other Collateral- Page3