3 e NOTICE OF ASSESSMENT LIEN SALE 21) 2 ' f i P i f 1 l ` 9: 28 STATE OF TEXAS CO!,'r,TY CLERK C0LL14 NH, TEXAS COUNTY OF COLLIN DEPUTY WHEREAS, on or about May 10, 2023, a Notice ofLien was filed in the Deed Records of Collin County, Texas, covering the real property herein described concerning default in the payment ofthe indebtedness owing by Chung Chang, the present owner ofsaid real property, to The Landings at Kittyhawk Homeowners' Association, Inc. (the " Association"); and WHEREAS, the said Chung Chang has continued to default in the payment of her 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 10, Block G, ofTHE LANDINGS, PHASE 2, an addition to the City ofAllen, Collin County, Texas, according to the map or plat thereofas recorded in Cabinet 2013, Slide 212, Plat Records, Collin County, Texas ( 948 Byron Street) WI- WITNESS my hand this day of 2026 THE LANDINGS AT KITTYHAWK HOMEOWNE S' ASSOCIATION, C. 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. 1620-85687Filed:6/3/20242:59 PM Michael Gould' District Clerk Collin County, Texas By Sara Jones Deputy Envelope ID: 88377413 CAUSE NO. 471-06402-2023 IN RE: ORDER FOR FORECLOSURE § IN THE DISTRICT COURT OF CONCERNING 948 Byron Street COLLIN COUNTY, TEXAS Allen, TX 75013 UNDER TEX. R. CIV. PROC. 736 471ST JUDICIAL DISTRICT AND CHUNG CHANG ORDER FOR FORECLOSURE On October 24, 2023, the Application for Foreclosure under Tex. R. Civ. Proc. 736 in the above- entitled cause of action was presented to the Court. The Landings at Kittyhawk 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 948 Byron Street, Allen, Texas 75013, and further described as follows: Lot 10, Block G, of THE LANDINGS, PHASE 2, an addition to the City of Allen, Collin County, Texas, according to the map or plat thereof as recorded in Cabinet 2013, Slide 212, Plat Records, Collin County, Texas ( 948 Byron Street) 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 Respondent has not previously filed a response, and the return of service has been on file with the clerk of the Court for at least 10 days before the date ofthis Order. The Court finds that the name and last known address ofeach respondent is as follows: ORDER FOR FORECLOSURE UNDER TEX. R. CIV. PROC. 736 PAGE 1Chung Chang 948 Byron Street Allen, Texas 75013 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 of the 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 encumbered by the lien sought to be foreclosed is located. 2. The Association is governed by the Declaration of Covenants, Conditions and Restrictions for The Landings ( the " Declaration"), as corrected and supplemented from time to time. 3. The Property is subject to and governed by the Declaration. 4. By virtue ofRespondent' s acquisition of the Property, Respondent agreed to and became obligated by the Declaration to pay to the Association all assessments for the expense of administration, maintenance, upkeep and repair of the Community as assessed in accordance with the Declaration, as more particularly shown in Article V ofthe Declaration. 5. Article V, Section 5.08 of the Declaration creates an assessment lien against the Property to secure payment of assessments and other charges pursuant to Tex. R. Civ. Proc. 735. 1( c) and Tex. Prop. Code 209.0092. 6. Article V, Section 5.08 of the Declaration further provides that the Association may foreclose its assessment lien by appropriate judicial or nonjudicial proceedings. 7. During the period of Respondent' s ownership, Respondent has been assessed ORDER FOR FORECLOSURE UNDER TEX. R. CIV. PROC. 736 PAGE 2maintenance fees in a non-discriminatory manner based on Respondent' s ownership ofthe Property. 8. Article V, Section 5.07 and Section 5.08 of the Declaration and Texas Property Code 5.006 provide for recovery of attorney' s fees and expenses incurred in the collection ofdelinquent assessments. 9. As ofApril 7, 2023, Respondent is 19 months in default in their obligations to the Association for a total of Fifteen Thousand Six Hundred and Ten Dollars and Twenty Cents ($ 15,610.20). 10. Respondent has been notified of the amounts due and unpaid attributed to Respondent' s failure to pay the assessments and other charges by notice letter dated March 10, 2023. 11. A Notice of Lien was filed on or about May 10, 2023, at 2023000051031 in the office of the County Clerk of COLLIN, Texas, and Respondent was notified of same by letter dated May 10, 2023. 12. The Association afforded Respondent thirty (30) days to cure the default pursuant to the May 10, 2023, 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 Respondent a copy ofthis Order with the notice offoreclosure sale sent to Respondent; and IT IS FURTHER ORDERED that the Association may communicate with Respondent and all third parties as may be reasonably necessary to conduct the foreclosure sale of the Property. 6/20/2024 SIGNED ON awAli JUDGE PRESIDING ORDER FOR FORECLOSURE UNDER TEX. R. CIV. PROC. 736 PAGE 4