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ST9301-ES0205018222 Douglas Avenue Suite 660 Dallas, TX 75225 214/526-3000 or 214/750-1800 FAX 214/750-5900 HUFFINES PARTNERS, 1NC May 1, 2002 Mr. Kenneth M. Griffin, P.E. Director of Engineering/Public Works 255 Parkway Coppell, TX 75019 Re: Sandy Lake Road Project #ST 93-01 (MacArthur Blvd. To east city limits) Parcels 27-2DE 1 & 27-2DE 2 & 27-2SE Dear Kenneth: Please be advised that Johnny Thompson now owns the subject property. Should you have any questions, please call me at 214-750-1800. Sincerely, hillip W. Huffines ~3~" Commercial Real Estate Land Development and Investments JAY S. TURNER ROBERT D. LYBRAND DAI~ A. BURROWS TURNER & LYBRAND, P.C. 580 DENTON TAP ROAD SUITE 280 COPPELL, TEXAS 75019 TELEPHONE: (972)393-1500 FACSIMR.E: (972)304-0072 April 9, 2002 Mr. Steve Kimbrel MKT Enterprises & Co. 137 S. Holly Coppell, TX 75019 RE: Foreclosure Sale Deed Dear Steve: Enclosed for your files please find a copy of the Foreclosure Sale Deed filed with Dallas County on April 2, 2002. If you have any questions, please contact me. RDL:hb Enclosure FORECLOSURE SALE DEED Date: April 2, 2002 Deed of Trust Date:. April 8, 1997 ~.< "'~ 'i,~i~ Grantor: ~" ~t;' ,~:: Donald B. Hu~nes Money P~eh~ Pension PI~ Trust~5 8222 Dougl~ Avenue, Suite 660 ~ '/; 3F" ~Z Don~d B. Huffines Profit Sh~ng PI~ Tm~ 8222 Dougl~ Avenue, Suite 660 D~I~, ~ 75225 ~ P~llip W. Huffines Money P~ch~e Pension PI~ Trust 8222 Dougl~ Avenue, Suite 660 D~I~, ~ 75225 Phillip W. Huffines Profit Shrug PI~ Trust 8222 Dougl~ Avenue, Suite 660 D~las, TX 75225 Beneficiau: Steve ~mbml, Adfi~ F. Moore ~d Jo~y J.E. ~ompson Trustee: Ro~. D. Lybr~d Recorded in: Volume 97071, Page 1284, of ~e Real Pro~ Records of D~I~ Co~, Tex~ Prope~: Being two tracts of l~d, a 2.340-acre tract ~d a 3.381-acre tract located in the W. Pe~ Su~ey, Abstract No. 1152, in Dallas Co~, Text, and more pa. icul~ly described in Exhibit "A" a~ached hereto. Note S~ured by Deed of Trust Date: April 8, 1997 Original ~dncipal Amount: $600,000.00 Holder: Steve Kimbrel, Adrian F. Moore ~d Jo~y J.E. ~ompson FORECLOSURE SALE DEED Page I of 3 Date of Sale of Property: April 2, 2002 Place of Sale of Property: Dallas County Courthouse At the south door of the George L. Allen, Sr. Courts Building 600 Commerce St. Dallas, Dallas County, Texas Time of Sale: 10:40A.M. Buyer: Steve Kimbrel, Adrian F. Moore and Johnny J.E. Thompson Buyer's Mailing Address: 137 S. Holly, Coppell, Texas 75019 By Deed of Trust, Grantor conveyed to Robert D. Lybrand as Trustee, certain property for the purpose of securing and enforcing payment of the indebtedness and obligations therein described (collectively the Obligations), including but not limited to a note described in the Deed of Trust. Beneficiary, the holder of the Obligations and Deed of Trust, requested Robert D. Lybrand, as Trustee, to enforce the trust of the Deed of Trust. Default has occurred in the payment of the Obligations when due. The unpaid balance of the principal of the Obligations was accelerated, and default has occurred and is continuing in the payment of the Obligations. Pursuant to the requirements of the Deed of Trust and the laws of the State of Texas, written notice of the time, place, date, and ten-ns of the public foreclosure sale of the Property was posted at the courthouse door of Dallas County, Texas, the county in which the Property is situated, and a copy of the notice was also filed with the county clerk of Dallas County, Texas, each notice having been posted and filed for at least twenty-one days preceding the date of the foreclosure sale. Additionally, written notice of the time, date, place, and terms of the foreclosure sale was served on behalf of Beneficiary by certified mail on each debtor who, according to the records of Beneficiary, is obligated to pay any of the Obligations. The certified mailed notices were timely sent by depositing such notices in the United States mail, postage prepaid in proper amount, and addressed to each debtor at the debtor's last known address as shown by the records of Beneficiary, at least twenty-one days preceding the date of the foreclosure. Written notice of default and of the opportunity to cure the default to avoid acceleration of the maturity of the note was served on behalf of Beneficiary by certified mail on each debtor who, according to the records of Beneficiary, is obligated to pay any of the Obligations. The certified mail notices were timely sent by depositing such notices in the United States mail, postage prepaid in proper amount, and addressed to each debtor at the debtor's last known address as shown by the records of Beneficia~ at least twenty-one days preceding the date of the acceleration of the maturity FORECLOSURE SALE DEED Page 2 of 3 of the note and the posting of the mortgaged Property for foreclosure. In consideration of the premises and of the bid and payment by way of credit against the unpaid balance owed on the Obligations, I, as Trustee, by virtue of the authority conferred on me in the Deed of Trust, have GRANTED, SOLD, and CONVEYED and by these presents do GRANT, SELL, and CONVEY to Buyer, Buyer's heirs and assigns, all of the Property. TO HAVE AND TO HOLD the Property, together with the rights, privileges, and appurtenances thereto belonging unto Buyer, Buyer's heirs and assigns, forever; and I, as the Trustee, do hereby bind Grantor, Gramor's heirs and assigns, to WARRANT AND FOREVER DEFEND the Property to Buyer, Buyer's heirs and assigns, forever, against the claim or claims of all persons claiming or to claim the same or any part thereof. EXECUTED ON April 2, 2002. Robe~ ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the 2nd day of April, 2002, by Robert D. Lybrand, Trustee. Notary Public, State of Texas My Comml#lon Ex, res __ _ ?._2o-?,oo) ..... Notary Public, State of Texas AFTER RECORDING RETURN TO: Robert D. Lybrand TURNER & LYBRAND, P.C. 580 S. Denton Tap Road Suite 280 Coppell, Texas 75019 FORECLOSURE SALE DEED Page 3 of 3 BEING a tract of land situated in the W. Perz%, survey Abstract No. 1152 in Dallas Cou_nty, Texas and being a part of the called 25.0488 acre tract described in a deed from Jean Hudnall Marsh and John Wesley ~udnall III to Johnny J. E. Thompson, Adrian F. Moore, and Steve Kimbrel dated September 13, 1983 recorded in Volume 83184, Page 2397 of the Deed Records of Dallas Cou/%ty, Texas (D.R.D.C.T.) and being more particularly described by metes and bounds as follows: COMMENCING at a 1/2 inch iron rod found for a corner in the South right-of-way line of Sandy Lake Road (a variable width R.O.W.) said point being the Northeast corner of said 25.0489 acre tract and also being the Northwest corner of a called 7.316 acre tract described to Floyd C. & Earl K. Farrow by deed recorded in Volume 76127, Page 2568 D.R.D.C.T.; THENCE North 89 degrees 55 minutes 06 seconds West, along the South right-of-way line of Sandy Lake Road, a distance of 791.00 feet to the Point of Begin,ting; THENCE North 89 degrees 55 minutes 06 seconds West, continuing along said South right-of-way of Sandy Lake Road, a distance of 195.32 feet to a 1/2 inch iron rod found at a point of curve to the right having a central angle of 14 degrees 13 minutes 27 seconds, a raidus of 1106.96 fee~, an an arc length of 274.81 feet; .~.ENCE along said curve to the right and with the South right-of-way line of Sandy Lake Road, an arc length of 274.81 feet to a 1/2 inch iron rod set for a corner in the South right-of-way line of Sandy Lake Road; ~"iq.'ENCE South 00 degrees 43 m-_nu=es 05 seconds East, departing the South right-of-way line of Sandy Lake Road, passing at a d~-stance of 23.00 feet a i/2 inch iron rod at the Northeast co-~er of Eagle Point village au Rlverchase as recorded i~ volume 93055, Page 0043, .p.R.D.C.T., an,,d in all a distance of 198.31 fee'- to a 1/2 inch iron rod set for a corTAer a~ the poi.., of a curve to the left having a central angle cf 89 degrees 03 minutes 55 seconds, a radius of 40.00 fee=, and an arc length of 62.18 ."~.-.'ENCE along said curve to ~,he lef~ an arc length of 62.18 fee-- to a 1/2 inch iron rod _ r a corner at =he point of tan~encv; T/.~NCE South 89 degrees 47 minutes O0 seconds gas--, a distance of 449.23 = t to a 1/2 inch iron rod se= for a corner; .~-.-'--NCE Nornh 00 degrees 13 minutes 00 seconds East, = distance of ~ ='.93 feeu to a inch iron rod se'- for a co--~..er; .-i.~NCE North 44 degrees 56 minutes 44 seconds West, a dis=ante of 35.26 fee5 to a 1/2 T~----NCE North 00 degrees 04 mlnuues 54 seconds Eas=, a distance of 25.00 feet =c the . _t or 2.340 acres cf land mcre Pci--.~ of Begir--.ing and Ccntainin? !91, 925,8S19 sc?dare 97071 91291 Tract 2: BEING a tract of land situated in the w. Perry Survey Abstract NO. 1152 in Dallas County, Texas and being a part of the called 28.0488 acre tract described in a deed from Jean Hudnall Marsh and John wesley Hudnall III to Johnny J- E. Thompson, Adrian F. Moore, and Steve Kimbrel dated September 13, 1983 recorded in Volume 83184, Page 2397 of the Deed Records of Dallas County, Texas (D.R.D.C.T-) and being more oarticularly described by metes and bounds as follows: BEGINNING at a 1/2 inch iron rod found for a corner in =he South right-of-way line of Sandy Lake Road (a variable width R.O.W.) said point being the Northeast corner of said 25.0489 acre tract and also being the Northwest corner of a called 7.316 acre tract described to Floyd C. & Earl K. Farrow by deed recorded in Volume 76127, Page 2588 D.R.D.C.T-; T~ENCE South 12 degrees 50 minutes 33 seconds East, departing the South right-of-way line of Sandy Lake Road, and with the coramon line of said 25.0488 acre tract and 7.3!6 acre tract, a distance of 212.14 fee= to a 1/2 inch iron rod set for a corner; T~ENCE North 89 degrees 47 minutes 00 seconds West, a distance of 743.88 feet to a 1/2 inch iron rod set for a corner; THENCE North 00 degrees 13 minutes 00 seconds East, a distance of 154.93 feet to a 1/2 inch iron rod set for a corner; ~-IENCE North 45 degrees 08 minutes 10 seconds East, a distance of 35.51 feet to a !/2 inch iron rod se= for a corner; ~E-NCE North 00 degrees 04 minutes 54 seconds East, a distance of 25.00 fee= to a 1/2 inch iron rod se% for a corner in the South right-of-way line of Sandy Lake Road; ~NCE South 89 degrees 55 minutes 06 seconds East, along said South right-of-way of sandy Lake Road, a dis=a-nce of 670.93 feet to the Point of Beginning ~nd Containing 147,262.5328 square feet or 3.38! acres of land more or less. 97071 !)1292