Images
image: 0 / 1
Foreclosure Notice*
2o26 Jul l 4 PM 2: 148
NOTICE OF TRUSTEE' S SALE 411/4 ,
S( ACE iEl'1P
46t1LCimtnitOYr d.
Assert and protect your rights as a member ofthe armed forces pupt B;S
you are or your spouse is serving on active military duty, includi. p active militt t,y
as a member of the Texas National Guard or the National Guard ofanother state or as
a member of a reserve component of the armed forces of the United States, please send
written notice ofthe active duty military service to the sender ofthis notice immediately.
Notice is hereby given ofa public nonjudicial foreclosure sale.
1. Property To Be Sold. The real property to be sold, along with all improvements and
personal property thereon and rights appurtenant thereto as described in the Deed of Trust
defined below), is more particularly described on Exhibit A attached hereto and incorporated
herein (the" Property").
2. Date, Time, and Place of Sale. The sale is scheduled to be held at the following date,
time, and place:
Date": August 4, 2026
Time": The sale shall begin no earlier than 10:00 A.M. Central Standard Time and
no later than three hours thereafter. The sale shall be completed by no
later than 4:00 P.M.
Place": THE FRONT STEPS OF THE COLLIN COUNTY COURTHOUSE,
2100 BLOOMDALE RD., MCKINNEY, COLLIN COUNTY, STATE
OF TEXAS, OR AS DESIGNATED BY THE COUNTY
COMMISSIONER' S COURT PURSUANT TO SECTION 51. 002 OF
THE TEXAS PROPERTY CODE AS THE PLACE WHERE NON-
JUDICIAL FORECLOSURE SALES ARE TO TAKE PLACE OR AS
DESIGNATED BY THE COUNTY COMMISSIONERS' COURT.
Notice is given that on and at the Date, Time, and Place for the Foreclosure Sale
defined below), Substitute Trustee ( defined below) will sell the Property in accordance with the
Terms of Sale( defined below), the Deed ofTrust, and applicable Texas law.
The Deed of Trust permits the Lender ( defined below) to postpone, withdraw, or
reschedule the Foreclosure Sale for another day. In that case, the trustee or substitute trustee
under the Deed of Trust 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 re-filed in accordance with the posting and filing
requirements of the Texas Property Code. Such reposting or re-filing may be after the date
originally scheduled for this Foreclosure Sale.3. Terms ofSale. The Foreclosure Sale will be conducted pursuant to the following" Terms
of Sale": as a public auction to the highest bidder for cash, subject to the provisions ofthe Deed
ofTrust permitting the Lender to have the bid credited to the Note ( as defined below) up to the
amount ofthe unpaid debt secured by the Deed of Trust at the time ofthe Foreclosure Sale, and
those desiring to purchase the Property will need to demonstrate their ability to pay cash on the
day the Property is sold.
The Deed ofTrust may encumber both real and personal property. Formal notice is
given of Lender' s election to proceed against and sell both the real property and any personal
property described in the Deed ofTrust in accordance with Lender' s rights and remedies under
the Deed ofTrust and Section 9.604(a) ofthe Texas Business and Commerce Code.
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 ofTrust.
Prospective bidders are strongly urged to examine the applicable property records to determine
the nature and extent ofsuch matters, ifany.
Pursuant to section 51.009 of the Texas Property Code, the Property will be sold in "as
is, whereis" condition, without any express or implied warranties, except as to the warranties of
title( ifany) provided for under the Deed ofTrust. Prospective bidders are advised to conduct an
independent investigation ofthe nature and physical condition ofthe Property.
Pursuant to section 51. 007.5 of the Texas Property Code, the 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 the first sale ofthe day held
bythe Substitute Trustee.
4. Ratification of Substitute Trustee. The Deed of Trust permits Lender to appoint a
Substitute Trustee under the Deed of Trust for purposes of a nonjudicial trustee' s sale. A
document entitled Notice of Appointment of Substitute Trustee and Trustee' s Sale, previously
dated March 16, 2026 and filed of record contained the notice of the Lender' s removal of the
trustee named in the Deed of Trust and the appointment of the persons named below,
collectively, as" Substitute Trustee", which are hereby ratified for all purposes.
Substitute Trustee: R. Tucker Thomas or Nathan W. Blackburn orRobert A. Blackwell or
Walter A. Herring or Lindsey Reinhardt
Blackwell, Blackburn, Herring& Singer, LLP
7557 Rambler Road, Suite 1450
Dallas, Texas 75231
5. Type ofSale. The sale is a nonjudicial deed of trust lien and security interest
foreclosure sale ( the " Foreclosure Sale") being conducted pursuant to the power of sale grantedby that certain that certain Deed ofTrust from LOCAL YOCAL LLC, a Texas limited liability
company, to David Clem, as Trustee, for the benefit of Lender dated March 4, 2022, and
recorded on March 18, 2022, in the real property records of Collin County, Texas as Instrument
No. 20220324000470600 as assigned to Lender in that certain Assignment of Deed of Trust
dated March 4, 2026, recorded March 11, 2026, as Instrument No. 2026000030553 ( the" Deed of
Trust").
6. Obligations Secured. The Deed of Trust secures the payment of the indebtedness and
obligations therein described including but not limited to ( a) Note in the initial principal amount
of$3,866,600.00 made by LOCAL YOCAL LLC, a Texas limited liability company, and 350 E.
LOUISIANA, LP, a Texas limited partnership ( collectively, " Borrower"), in favor of Westdale
Capital Investors 3, LP (" Lender"), dated March 4, 2022 ( the " Note"); ( b) Business Loan
Agreement of even date therewith between Borrower and Lender and ( c) all other documents
entered into in connection with the foregoing (collectively, the" Loan Documents").
As of July 13, 2026, $ 3,953,855.42, being principal and interest, was owed under the
Note. This does not include interest accruing from and after that date or certain applications to
the loan balance from that date, attorney fees or any other expenses arising from or relating to
Lender' s collection ofsuch amounts and/or exercise ofits remedies.
Further, the Note is secured by another Deed of Trust made by Borrower by Lender to
Borrower for another property located at 350 E. Louisiana Street in McKinney, Texas.
The Deed of Trust is the second lien of two liens held by Lender on this Property. The
foregoing amount does not include the amount of the Lender' s first lien loan on this Property
the " First Lien Loan"), and this Foreclosure Sale shall not release the First Lien Loan, which
will continue to exist following the Foreclosure Sale. Such first-lien loan on this Property has an
outstanding balance ofprincipal and interest in the amount of$285,025.39 as ofJuly 13, 2026.
As ofJuly 13, 2026, Borrower owes Lender a grand total ofapproximately $ 4,238, 880.81
under the Loan Documents and First Lien Loan, but which number does not include interest
accruing from and after that date or certain applications to the loan balance from that date, legal
fees or any other expenses arising from or relating to Lender' s collection of such amounts and/or
exercise ofits remedies.
Questions concerning the Foreclosure Sale may be directed to the undersigned or to
Lender at:
Westdale Capital Investors 3, LP_
2550 Pacific Avenue, Suite 1600
Dallas, TX 75226
Attention: Justin J. Lavine
Ref: Loan# 89000203187. Default and Request To Act. Default has occurred and is continuing under the Loan
Documents, and the Lender has requested that Substitute Trustee conduct this Foreclosure Sale.
Notice is given that before the Foreclosure Sale Lender may appoint another person substitute
trustee to conduct the Foreclosure Sale.
Remainder of Page Intentionally Left Blank]DATED: July 13, 2026
SUBSTITUTE TRUSTEE:
R. Tucker Thomas, Substitute Trustee
Blackwell, Blackburn, Herring & Singer, LLP
7557 Rambler Road, Suite 1450
Dallas, Texas 75231
Telephone: (214) 442-9612
Fax: ( 214) 442- 9621Exhibit A
Property Description
PARCEL 2785211
SITUATED IN THE CITY OF MCKINNEY, COLLIN COUNTY, TEXAS, IN THE WILLiAM DAVIS SURVEY,
ABSTRACT NO, 240, BEING A SURVEY OFTHE LAST MENTIONED TRACT OF THE TWO EXCEPTED TRACTS
DESCRIBED IN A CORRECTION DEED FROM OHM PACIFIC RAILROAD COMPANY TO DALLAS AREA RAPID
TRANSIT( DART), DATED JANUARY 17, 2003, REC ED IN VOLUME 5443, PAGE 6532 OF THE COLUN
COUNTY DEED REC REFERRED TO AS TRACT 1), AND DESCRIBED BY ( METES AND
BOUNDS AS FOLLOWS:
SEGIMNENG AT A 112 INCH IRON PIN FOUND 0.1 FOOT EAST OF A BUILDING CORNER AT THE SOUTHEAST
CORNER OE A TRACT OF LAND CONVEYED TO RICHARD GENE SUTTOI4 BY DEED RECORDED UNDER
CLERICS FILE NO. 94.0041612, COUSt9 COUNTY, TEXAS, IN THE NORTH REINT-OF.WAY USE OF
LOUISIANA STREET, SAME 8E040 711E SOUTHWEST CORNER OF SAID TRACT 1;
THENCE NORTH 00DE EES 63 MINUTES 44 SECONDS EAST, WITH THE WEST LEM OF SAID TRACT 1, A
DISTANCE OF 201. 20 FEET TO A 112 INCH IRON PIN FOUND AT A BUILDING CORNER IN THE SOUTH
RlGHT• OF•WAY LENS OF VIRGINIA STREET; SAME€ EING" THE NORTHWEST CORNER OF SAID TRACT 1;
THENCE NORTH S9 DEGREES 01 MINUTE Oft SECONDS EAST, WITH THE NORTH LINE OF SAID TRACT 1
AND WITTHHTHE SOUTH RIGHT-OF.WAYLINE OFSAIDVIRGINIA STREET,A DISTANCE OF 109.78 FEETTOA
112 INCH IRON P01 SET AT THE NORTHEAST CORNER OF SAID TRACT 1 AND IN THE WEST RIGHT-OF4NAY
LINE OF SAID DART TRACT, SAME 8EI IG 30 FEET WESTERLY FROII THE CENTER OF THE a.I
RAILROAD TRACKS;
THENCE SOUTH 0D DEGREES 53 MINUTES 63 SECONDS WEST, WITH THE EAST LINE OF = _+ TRACT 1
AND TOE WEST RIGHT-OF•WAY LINE OF SAT) DARTTRACT, A DISTANCE OF 201.2E FEET TO A 112 INCH
IRON PIN SET ATTHE SOUTHEAST CORNER OF SAID TRACT 1 AND INTHE NORTH NIGHT OF WAY LINE Of
SAID LOUISIANA STREET;
THENCE SOUTH SS DEGREES 03 MINUTES 40 SECONDS WEST, yam via SOUTH LINE OF SAID TRACT 1
AND THE hIORTN_LIRE OF SATO LOUISIANA STREET, A [DISTANCE OF 109,77 FEET TO THE PLACE OF
BEGINNING AND CONTAINJt1G 0.508 ACRE OF LAND, MORE OR LESS.
TOGETHER WITH ALL RIGHTS, TRIES, AND INTERESTS APPURTENANT THERETO INCLUDING, WITHOUT
LIMITATION, INTEREST, IF ANY, UI ANY AND ALL ADJACENT STREETS, ALLEYS, RIGHTS OF
WAY AND ANY ADJACENT STRIPS AND GORES ( SUCH LAND AND INTERESTS ARE H
COLLECTIVELY REFERRED TO AS THE°'' F
SUBJECT TO ALL EASEA1ENTS, RESTRICTIONS, RESERVATIONS AND • a5 ; NOW OF RECORD,
TOGETHER WIT'N THEMATTERS DESCRIBED IN E)WBR" B`
PERMITTED EXCEPTIONS
1. Toxoe for2022 andfutursyaws
2. SHORTAGES IN AREA,32. RIGHTS OF TENANTS, A8 TENANTS ONLY. UNDER UNRECORDED ! FARE
AGREEMEEtTS.
3. Ri<ghts oftenants, astenants only, underunrecorded lease agroomernts.
4. ALL LEASES, GRANTS, EXCEPTIONS OR RESERVATIONS OF COAL, LIGNITE, OIL, GAS AHD OTHER
MINERALS. TOGETHER WITH AU. RIGHTS, PRIVILEGES. AND IMMUNIT E.S RELATING THERETO, APPEARING
IN THE PUBLIC RECORDS WHETHER LISTED IN SCHEDULE B OE HOT. THERE MAY SE LEASES, GRANTS.
EXCEPTIONS OR RESERVATIONS OF MINERAL INTEREST THAT ARE NOT LISTED.
5. THE FOLLOWING, A8 SHOWN ON SURVEY DATED SEPTEMBER 15, 2014, PREPARED ay BRUCE DEER,
REGISTERED PROFESSIONAL LAND SURVEYOR NO, 4117;
A)AERIAL ELECTRIC LINEACROSS SOUTHWEST CORER OF PROPERTY,
B)AERIAL ELECTRIC UNE ACROSS PROPERTY NEAR WEST PROPERTY LINE
C) WATER LINE, RUNNING NORTH AND SOUTH, ACROSS PROPERTY,
0)GAS LINE MO GAS PIPE RISERS ALONG WEST PROPERTY LINE.
E) ENCROACHMENT OF METAL RAMP AND OTHER APPURTENANCES FROM ADJACENT
BUILDING OVER WEST PROPERTY LINE, AND
F) PROTRUSION OF ROCK PARKING LOT ACROSS EAST PROPERTY LINE.
The RssiPropos/ or its address Is commonly known Pal 301 East L.ovatarta SEW, McKinney, TX 75069.