Notice of Foreclosure Sale

September 24, 2021

Deed of Trust ("Deed of Trust"):

Dated: August 23, 2006

Grantor: Altair Development Corporation

Trustee: Sally Brink

Lender: Capital One, N.A.

Recorded in: File No. 2006058134 of the real property records of Galveston County, Texas, being in renewal and extension of Extension of Lien recorded in File No. 2011062311 of the real property records of Galveston County, Texas

Legal Description: Survey of 43.69 acres, more or less being two (2) tracts conveyed to Jim N Vratis and John B Cole our of the Jones Shaw Survey, Abstract No. 179, Galveston County, Texas and being a part of Tracts 7A through 11A of a partition of the West 101.33 acres of the C.W. Kahla Tract, said two (2) tracts being more particularly described by metes and bounds as follows:

COMMENCING at a rail road rail found 0.3' North of the Southwest corner of a called 50.226 acre tract of land conveyed to Forrest West et. ux. In Film Code No 005-59-0514 Galveston County Deed Records (GCDR) and being out of and a part of Lot No. 4 of the original division of the Jones Shaw Survey and out of and a part of a called 100.1 acre tract of land being Tract No. "8'' as described in a deed recorded in Volume 47, Page 443 of the Deed Records of Galveston County, Texas, also being the Southeast corner of said Tract 11A and being in the North right-of-way line of State Highway No. 87;

THENCE N 37Q16'27" W, along the West line of said 50.226 acre tract and the East line of said Tract 11 A, a distance of 3198.37 feet to a found 3/4 iron pipe marking the most northerly Southeast corner of a called 30 acre tract conveyed to Jim N. Vratis and John B. Cole in Film Code No. 008-22-1926 (GCDR) and the POINT OF BEGINNING;

THENCE continuing N 37Q16'27" W, along the West ling of said 50.226 acre tract and the East line of said Vratis tract, a distance of 2015.59 feet to the southerly line of the 300 foot Intracoastal Waterway right-of-way;

THENCE S 63-54'36" W, along the said southerly right-of-way line of the

Intracoastal Waterway, at a distance of 399.27 feet passing the Northwest corner of the said Vratis 30 acre tract and the Northeast corner of a called 14.94 acre tract conveyed to Jim N Vratis and John B Cole in County Clerk File Number (CCFN) 2005053189 (GCDR), continuing for a total distance of 550.64 feet to the Northwest corner of said Tract 5A and the Northwest corner of the said Vratis 14.94 acre tract and a point in the Gilpin Lane as recorded in Volume 2093, page 857 (GCDR);

THENCE S 37e16,24" E, along the West line of said Lot 5A and said Vratis 14.94 acre tract, a distance of 4030.27 feet to a set 1/2 inch iron rod;

THENCE N 52Q46,43" E, a distance of 148.48 feet of the East line of said Tract 6A and the East line of said Vratis 14.94 acre tract and a set 1/2 inch iron rod;

THENCE N 37e16'24" W, along the East line of said Lot 6A and said Vratis 14.94 acre tract, a distance of 186.01 feet to a set 1/2 inch iron rod marking the Southwest comer of the said Vratis 30 acre tract;

THENCE N 52Q43,36'' E, a distance of 291.68 feet to a found 1 inch iron pipe marking the most easterly Southeast corner of the said Vratis 30 acre tract;

THENCE n 37Q16,24" W, along the said Vratis line, a distance of 1721.79 feet;

THENCE N 52Q43'36" E, a distance of 100 feet to the POINT OF BEGINNING, and containing a calculated 43.69 acres, TOGETHER WITH portions of said Gilpin Lane, and SUBJECT TO a) portions of said Gilpin Lane, b) part of a 30 x 3000 Channel Easement as recorded in Volume 1127, Page 75 (GCDR), and possible rights by the State of Texas to the submerged portions these tracts.

Secures: Promissory Note ("Note") in the original principal amount of $320,000.00, executed by Altair Development Corporation ("Borrower") and payable to the order of Lender and all other indebtedness of Borrower to Lender

Modifications and Renewals: Extension of Lien (as used herein, the terms "Note" and "Deed of Trust" mean

the Note and Deed of Trust as so modified, renewed, and/or extended)

Property: The real property, improvements, and personal property described in and mortgaged in the Deed of Trust, including the real property described in the attached Exhibit A, and all rights and appurtenances thereto

Assignment: The Note and the liens and security interests of the Deed of Trust were transferred and assigned to Intercoastal Enterprises, LLC ("Beneficiary") by an instrument dated August 24, 2021, recorded in File No. 2021064701 of the real property records of Galveston County, Texas

Substitute Trustees: C. Mark Murrah or Andrew W. Bruce

Substitute Trustees' Address: 3000 Weslayan St, Ste 305, Houston, TX, 77027

Foreclosure Sale:

Date: Tuesday, November 2, 2021

The sale of the Property will be held between the hours of 10:00 A.M. and 4:00 P.M. local time; the earliest time at which the Foreclosure Sale will begin is 10 A.M. and not later than three hours thereafter.

Time:

Place: Galveston County, Texas at the following location: OUTSIDE THE WEST ENTRANCE TO THE GALVESTON COUNTY COURTHOUSE, 722 MOODY, GALVESTON, TEXAS 77550 OR AS DESIGNATED BY THE COUNTY COMMISSIONER'S OFFICE or as designated by the County Commissioners Court.

Terms of Sale: The Foreclosure Sale will be conducted as a public auction and the Property will be sold to the highest bidder for cash, except that Intercoastal Enterprises, LLCs bid may be by credit against the indebtedness secured by the lien of the Deed of Trust.

Default has occurred in the payment of the Note and in the performance of the obligations of the Deed of Trust. Because of that default. Intercoastal Enterprises, LLC, the owner and holder of the Note, has requested Substitute Trustee to sell the Property.

The Deed of Trust may encumber both real and personal property. Formal notice is hereby given of Intercoastal Enterprises, LLCs election to proceed against and sell both the real property and any personal property described in the Deed of Trust in accordance with Intercoastal Enterprises, LLCs rights and remedies under the Deed of Trust and section 9.604(a) of the Texas Business and Commerce Code.

Therefore, notice is given that on and at the Date, Time, and Place for the Foreclosure Sale described above. Substitute Trustee will sell the Property in accordance with the Terms of Sale described above, the Deed of Trust, and applicable Texas law.

If Intercoastal Enterprises, LLC passes the Foreclosure Sale, notice of the date of any rescheduled foreclosure sale will be reposted and refiled in accordance with the posting and filing requirements of the Deed of Trust and the Texas Property 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 of Trust. For the avoidance of doubt, the Foreclosure Sale will not cover any part of the Property that has been released of public record from the lien and/or security interest of the Deed of Trust by Intercoastal Enterprises, LLC. Prospective bidders are strongly urged to examine the applicable property records to determine the nature and extent of such matters, if any.

Pursuant to section 51.009 of the Texas Property Code, the Property will be sold "AS IS," without any expressed or implied warranties, except as to the warranties (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.

Pursuant to section 51.0075(a) of the Texas Property Code, 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 of the day held by Substitute Trustee.

Assert and protect your rights as a member of the armed forces of the United States. 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.

THIS INSTRUMENT APPOINTS THE SUBSTITUTE TRUSTEE(S) IDENTIFIED TO SELL THE PROPERTY DESCRIBED IN THE SECURITY INSTRUMENT IDENTIFIED IN THIS NOTICE OF SALE.AUTHORIZED AGENT OF THE MORTGAGEE OR MORTGAGE SERVICER.

THE PERSON SIGNING THIS NOTICE IS THE ATTORNEY OR

Andrew W. Bruce Attorney for Mortgagee

VAX —Andrew W. Bruce 3000 Weslayan St, Ste 305 Houston, TX 77027 Telephone (281) 975-5879 Telecopier (281) 588-8778

FILED

Instrument Number: FILED2021000945

Filing Fee: 3.00

Number Of Pages:5

Filing Date: 09/24/2021 12:00PM

I hereby certify that this instrument was FILED on the date and time stamped hereon and RECORDED in the OFFICIAL PUBLIC RECORDS of Galveston County, Texas.

a

Dwight D. Sullivan, County Clerk

Galveston County, Texasofgp^

DO NOT DESTROY - Warning, this document is part of the Official Public Record.