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NOTICE OF TRUSTEE'S SALE Pursuant to that certain Deed of Trust ('"Deed of Trust") dated October 19, 2018, executed by BINNACLE TEXAS CITY NINETY LLC ("Mortgagor"), Mortgagor conveyed to PATRICK F. DOYLE, DENNIS R. BETTISON, JEFF ADAMS, DONNIE QUINTANILLA, JAN A L. HARTNETT, ALBERT G. REDMOND, or PETER J. SAPIO, JR., as Trustee(s), all of their right, title, and interest in and to that one certain parcel of real property situated in Galveston County, Texas and described as: An 89.756 acre tract of land out of the W. K. Wilson Survey, Abstract 208, situated in Galveston County, Texas, said tract being more particularly described by metes and bounds on Exhibit "A" attached hereto, SAVE AND EXCEPT a 35.261 acre tract being more particularly described by metes and bounds on Exhibit "B" attached hereto. to secure the payment of that one certain Real Estate Lien Note ("Note") dated October 19,2018, in the original principal amount of $1,642,070.00, executed by Mortgagor and payable to the order of STERLING COMMERCIAL PROPERTIES, LLC ('"Beneficiary") and any and all other indebtedness secured by said Deed of Trust. The Deed of Trust was filed of recorded under Galveston County Clerk's File No. 2018063742, and said note and lien being further secured by a Vendor's Lien retained in a Deed of even date therewith and filed for record under Galveston County Clerk's File No. 2018063741; all in the Real Property Records of Galveston County, Texas; and The Note and Deed of Trust are in default and the entire unpaid balance of the Note is due and payable, and Beneficiary intends to enforce the power of sale set forth in the above-referenced Deed of Trust; and The Beneficiary has directed the Substitute Trustee to enforce the power of sale under the Deed of Trust for the purpose of collecting the indebtedness secured under it, after the giving of at least 21 consecutive days notice and recording the Notice in the Galveston County Clerk's Office giving the time, place, and tenns of said sale, and description of the property to be sold, pursuant to the Deed of Trust and the laws of the State of Texas; Therefore, I, Ethan Baker, Substitute Trustee, hereby give notice, after due publication as required by the Deed of Trust and/or security instruments and the Texas Property Code, that I will, after due posting, publication, and filing of this Notice, and after having given written notice of at least 21 consecutive days by certified mail, return receipt requested, as well as regular mail, to each debtor obligated to pay the Note and indebtedness secured by the Deed of Trust, at the last known address of each such debtor, according to the records of Beneficiary, as required by the Deed of Trust and the laws of the State of Texas, sell the Property at public auction to the highest bidder or bidders for cash, between the hours of 10:00 a.m. and 1:00 p.m. on the first Tuesday in May, being May 5,

NOTICE OFTRUSTEE'S SALE DONNIE QUINTANILLA, JANA ...NOTICE OFTRUSTEE'S SALE Pursuant to that certain Deed of Trust ('"Deed of Trust") dated October 19, 2018, executed by BINNACLE TEXAS

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Page 1: NOTICE OFTRUSTEE'S SALE DONNIE QUINTANILLA, JANA ...NOTICE OFTRUSTEE'S SALE Pursuant to that certain Deed of Trust ('"Deed of Trust") dated October 19, 2018, executed by BINNACLE TEXAS

NOTICE OF TRUSTEE'S SALE

Pursuant to that certain Deed of Trust ('"Deed of Trust") dated October 19, 2018,executed by BINNACLE TEXAS CITY NINETY LLC ("Mortgagor"), Mortgagorconveyed to PATRICK F. DOYLE, DENNIS R. BETTISON, JEFF ADAMS,DONNIE QUINTANILLA, JAN A L. HARTNETT, ALBERT G. REDMOND, orPETER J. SAPIO, JR., as Trustee(s), all of their right, title, and interest in and to thatone certain parcel of real property situated in Galveston County, Texas and described as:

An 89.756 acre tract of land out of the W. K. WilsonSurvey, Abstract 208, situated in Galveston County,Texas, said tract being more particularly described bymetes and bounds on Exhibit "A" attached hereto,SAVE AND EXCEPT a 35.261 acre tract being moreparticularly described by metes and bounds on Exhibit"B" attached hereto.

to secure the payment of that one certain Real Estate Lien Note ("Note") dated October19,2018, in the original principal amount of $1,642,070.00, executed by Mortgagor andpayable to the order of STERLING COMMERCIAL PROPERTIES, LLC('"Beneficiary") and any and all other indebtedness secured by said Deed of Trust.

The Deed of Trust was filed of recorded under Galveston County Clerk's File No.2018063742, and said note and lien being further secured by a Vendor's Lien retained ina Deed of even date therewith and filed for record under Galveston County Clerk's FileNo. 2018063741; all in the Real Property Records of Galveston County, Texas; and

The Note and Deed of Trust are in default and the entire unpaid balance of the Note isdue and payable, and Beneficiary intends to enforce the power of sale set forth in theabove-referenced Deed of Trust; and

The Beneficiary has directed the Substitute Trustee to enforce the power of sale under theDeed of Trust for the purpose of collecting the indebtedness secured under it, after thegiving of at least 21 consecutive days notice and recording the Notice in the GalvestonCounty Clerk's Office giving the time, place, and tenns of said sale, and description ofthe property to be sold, pursuant to the Deed of Trust and the laws of the State of Texas;

Therefore, I, Ethan Baker, Substitute Trustee, hereby give notice, after due publication asrequired by the Deed of Trust and/or security instruments and the Texas Property Code,that I will, after due posting, publication, and filing of this Notice, and after having givenwritten notice of at least 21 consecutive days by certified mail, return receipt requested,as well as regular mail, to each debtor obligated to pay the Note and indebtedness securedby the Deed of Trust, at the last known address of each such debtor, according to therecords of Beneficiary, as required by the Deed of Trust and the laws of the State ofTexas, sell the Property at public auction to the highest bidder or bidders for cash,between the hours of 10:00 a.m. and 1:00 p.m. on the first Tuesday in May, being May 5,

Page 2: NOTICE OFTRUSTEE'S SALE DONNIE QUINTANILLA, JANA ...NOTICE OFTRUSTEE'S SALE Pursuant to that certain Deed of Trust ('"Deed of Trust") dated October 19, 2018, executed by BINNACLE TEXAS

2020, at the first floor lobby, west side, of the Galveston County Courthouse, 722 MoodyAvenue, Galveston, Texas or as designated by the County Commissioners.

Pursuant to Section 51.002 of the Texas Property Code, the foreclosure sale will begin noearlier than 10:00 a.m. and no later than three hours after that time.

The sale conducted pursuant to this Notice will be made subject to any valid and existingliens and any other title encumbrances affecting title to the property described above orany part of the property that are proved superior to the liens and other rights ofBeneficiary under the security instrument or other recorded instruments.

Signed on April 13, 2020.

McLEOD, ALEXANDER, POWEL & APFFEL, P.c.802 RosenbergP.O. Box 629Galveston, Texas 77553Telephone: 409/763-2481Fax: 409/762-1155

BY:~~/Ethal1Bllkei,SubStUteTIUStee

THE STATE OF TEXAS SS

COUNTY OF GALVESTON S

PAMELAA. MCClEllENMy Notary 10 #4.47582

Expires December 8,2023

••.•iii>:::.~,....",,"(~~~Jl

This instrument was acknowledged before me on the 13th day of April, 2020, byEthan Baker, Substitute Trustee, and in the capacity therein stated .

./).~ ,1;'7 ,11111//..1:.1(/ (J. /z!L cfLdt?'L/

Notary Public in and for the State of Texas

Page 3: NOTICE OFTRUSTEE'S SALE DONNIE QUINTANILLA, JANA ...NOTICE OFTRUSTEE'S SALE Pursuant to that certain Deed of Trust ('"Deed of Trust") dated October 19, 2018, executed by BINNACLE TEXAS

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Being an 89.756 aCflltract of"nd out of the W.K.WIlson Survey, Abstract No. Z08, situated In GalvestonCounty, TexllS,saldlract being more particularly described as fonows:

Beginning at S/8 Inch rod found at the Northeast comer of Reserva "G., of LoneTran VIllage,5ectlon 2. asubdlvlslon In Galveston County, Taxes, according IIIthl! map or plat thereof recorded under InstrumentNo. Z01506S398, Inthe Office of the County Clerkof Galveston County, Texas, said point also being theSoutlJeast comer of a 03145 acre tract of land conveyed to the CItyofTexas CIty,In d8lid recordedunder Instrument No. 2010044266 In the Officeof the County Clerk of Galveston County, Texas;

Thence North 00'03'00" East along the East Rnaof said 0.3145 tract. a distance of 685.00 feet to theNortheast comer of said 0.3145 acnt tract, end a set 1/2 inch rod;

Thence North 89.57'00" West along the North line of said 0.3145 acre tract. a distance of ZO.OOfeet to apoint In the. East line line of century Boulevard (AKA Johnny Palmer Road), being a variable width rlght-of-way, and a sat 1/2 Inch rod;

Thence North 00"03'00" East along the East Unoof said century Boulevard, a distance of 1,220.23 feet tothe Southwest corner of a 6.000 acro tract of land conveyed to Nancy Gatewood, In deed recordedunder Instrument No. 201057327 In the office of the County Clerk of Galveston County, Texas, fromwhich a found 5/8 Inch rod bears North 12.24'04" Wast. a distance of 0.7 feet;

Thence South 89.57'00. East liongthe South nne of saId Gatewood tract. a distance of 1,247.29 feet toa 1/2 Inch rod set In the Southwesterly line of a tract of land conveyed to Galveston. Houston electricRailway Company, accordlng to deed recorded InVolume 241, Page 76 In the office of the County Clerkof Galveston County, Texas;

Thence South 40.Z9'00. East along the Southwesterly line of saki GalYeston - Houston Electric RailwayCompany tract, a dlsllnce of 2,366A9 feet to a 1/2 Inch rod set Inthe West line of a 115.74 acre tract ofland conveyed to SSLT,LLC.,In deed recorded under Instrument No. 2017011172, In the office of theCount'( aerk of Galveston County, Texas;

'.Thence South 00"03'00" West along the West line of said SSLT,U.Ctlaet, a distance of 106.63 feet to theNortheast comer of a 10.93 acre tract of land conveyed III LoneTran Development, LLc.,ln deedrecorded under Instrument No.Z014060494.1n the office of the County Oerk of Galveston, Texas, fromwhich a Z Inch pipe beers North 46"05'48" West, a distance of o.s feet;Thence North 89"57'00" West a10nc the North line of SIld LoneTrail Development, LLC.tract, at adistance of 1,220.15 feet pass a 5/81nch rod found at the Northwest comer of said Lon. TrailDevelopment. LLC.tract, same being the Northeast comer of saId Lone Trail V11lege,SKtlon 2, andcontinuing along the North nne of said LoneTran VIllage,sectlon 2. fora total distance of 2,765.25 feetto the Point of Beginning of the herein described tract.. ..

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Page 4: NOTICE OFTRUSTEE'S SALE DONNIE QUINTANILLA, JANA ...NOTICE OFTRUSTEE'S SALE Pursuant to that certain Deed of Trust ('"Deed of Trust") dated October 19, 2018, executed by BINNACLE TEXAS

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O.",~pllon of a J5.2S1acroltUtofl1nd ouloftha W.I(.Wl1mnSUrvey,~d NO,208, situale<llnGalveston County, T"'I, •• 1dtroct ",!"g more p.rlI<U1allydmtlll.d as follows:

~~&~~gltlS/Slndl ~t!fO~it the Moiuieast"cOmerofReserie .G'I,ortoneTnll vma~,Sectlon 2,• wbdMsbn InG.~ton County, TeXis, .e6onI:insla the nup'cr.ptat theftof recorded underInslnlment No. 2015065398, In ihe om •• oflful i:ouniy i:Ieit ofG.!'IellOri'cOun\YiTm., said p'OliIt:.lso b~1ngt~ ~utlitlltCDm~iof.a i>.3,i4Saa. i••ctof1Onila,nvevtd'iO thi CllyofTexasClly;!n de •••",co~ed ,!!,,~etlnslrum.nt No.2010044266In U1401llaioltha CouiltyClerkof ~ ~p'nty"Texes;Thence Norlh 01'58'05" Wett.1on11ho EasIOn. of aid D.SUSltJet. a dlmnca of 685.oo"'t to."IntIt rod foul'd.1 the Norlhusl comerofnld ll.314Saaetred;

'lhenco'$oulh 8!'01'SS' WlStaloll\ltheNor1llUlU ofuld 0.1I.45.ao irati.. diSia••• ol:io.cOfi.ti ••;II Inch rod found Inlh. e•• t In. of C.nbny Boulemd (AKAJoiinnyPolin.r Aollll).lielnl •.•• rl.bl. widthrilht-of.way;' ,.. , .. .. ' •

Thence North 01'58'05' W'II.lonll!ul Eullln. of aid Century Boulevard, a d1l1ant. of 315.00 fetllO•a poInt (ot comer. and ••• fiJi in'eliiOd;SiId polnl'ilia Iy1JiIInthe West Un.of" 89:765 attl ltact'{uliiid sC.o'lolocml ""MYtd 10SterU•• commetdalPiop.nics, UC.ccordinllO de.d ,emitted:underlristrumenl No. 2005017351 In !h'eOlllai oftite COuntycl.rk'oi Gilvenon countY,Texas: '

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Thence over and aeroa' raId 89.765 law tRd tM faSow1ng courses and dbtlnces:

Horth 81-01'55* East,. dtstlnc8Q'9U4 reattzTl pOlfttof CUMtwe;

: Noftl a CUM 'to ill. rlghl,JlI:I Cllm~M". racl1usol600.llDj•• ~. d>onl burt •• 01North81'0\705' EIl~ 2~~ an.It: IenIlh of1S.77 leel lD' point oliOriiencV;. " .._. .-. ."North 89"31'16" Eelt, a distance of174A8leetlO' polnlofCUMltllre;Along. CUl\'IIo thalen: saidcuM! haVInga •• d1UfOl6iiD:lXiIi.';. Choid heer\iii ofNorlh88'47'05" Ealt, e chord I•• jlb of 15,77 f•• ~ .';d .n.~I••&thof1S.77I.et to I'polnloftanaencr. . ' !" _.. ,

North 8rOl'SS- Eut, adlstanc:eofi64..30 (eatta. po1nt for comer;

South 01'58'05' en" • dlstonot 0170.DDfeel 10• non-lInienl polnt 01allvatute;Nons a CUC'Ye10 the rfehl. nrd'wve havllla I radiuscfliG.5.oore-~t,I chord bllrlng of Saolh6T14'OS' East, a dlortl t.niiii of S56A7f •• ~ end.n are IenClh01S7Ul reel to e polnloltangency; . - . . - "'""

South 42~Q5- EI5:t,I dlstlnCe of 440.54 feet: to I point cf C\Il'VItUr1'i

AlonglCUMllo the laf~siJdcu",. hlVinl' radius 01935.00 f.et, a mOtd beartna'ofSouth67"1.'OS" Eall, e chord "';illl ol782AO'lee~ and .n.",length 01107.24 f•• ttol polntol'tanpnt;y;" .... .'

NoM 8rQl'SS- East.. dlstana of UA.20 featto I polntoftlnacncy:

Alon,a ctI",.to theierr, sild""". ~a radiViol93S.ooI •• ~ .'choid bdrlnlof NoM81'43'51' WI;' thOid lenglli 0I20s.24,lee ••,ilClin'are Iell\llh01205.65 feet Ii>a poiiii lor"'torntt,'sald polr\t IvInl In ttl. Wui Pne arpart af IW.74 aCre trie.tof lind Conve~to SSl.T,LtC;In de.d ...a,rded und"lnsliumenl No.2017011172. Inth. omu oltho County eler1c.1'

'ciilYiStOilCounty, Texas; .. , " ..•. " ", ..... ',

111,nte Soulh'~"SS'OS' ti,lolo", th. wen Ilne ofsaIdSSLT.UCtnct •• ~nln!" or~i,~~feei:tolhe'Noiiheiilccin"ir 01part 01~'iq.~l acti tiaCt cifl.i.! convoyed 10I.clM.;rra~ ~evelopm•• ~ 1Le..~,deedrecordtd under InSltUm.nt No.2014D60494;In !he Olllceolthe CoUf."YCleil<olGalveston,T."~ I~,Wh!ch,allnch pip.boiii riOith48'll6'"~ Wes~a db,lalI<e,!If,o.sfllll11ience S~.~a!;oi;~s'.w.;iitorii!h; Norlh IlneoiJ)llt~I •• ld,10.93.a1i!riot; .t • .'lI.tlnceclt' , "89IUS, f•.•~p.•• ~~!I, inCh"rod found .ttheNorthl~ corner ~f.LDn.TrailV~I'I••Sectlon3 •• suhlf!'lslon

.In GIIvt,lOn County. :r•••• ; ae,"rdlng !",tIlo,moper p1atlhereol recorded under I!""'!ment No.,\20Ulos38I3,ln the Offlce of the COUntyderlc of G.mllon Co1lnl'{'r•••.•.~l~ dIst•• ", <>f1,220.15 ,fe.1'p.1s 2S/81ndt rod lounda. the NortJiiaifa;mer o!,el<!,~rye1lanVl1lap. Seetton 3. nrne being 1)Ie'North"",. com,,"of eaid Uiri. Ttill WI,ce. S!~n2, end conUnulnc.IOll\lthe N,O(IIt"lIne?fsald \<lne:TrailVlli,ge, se2tJon 2, for atotll ~"lIn,",~f,2,765.25 ftet 10the PoIntof 8eIInnlng of the herein,desCr1bCd tiaet, '

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Page 5: NOTICE OFTRUSTEE'S SALE DONNIE QUINTANILLA, JANA ...NOTICE OFTRUSTEE'S SALE Pursuant to that certain Deed of Trust ('"Deed of Trust") dated October 19, 2018, executed by BINNACLE TEXAS

FILED

Instrument Number: FILED2020000490

Filing Fee: 23.00

Number Of Pages:5

Filing Date: 04/13/2020 2:27PM

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

Dwight D. Sullivan, County ClerkGalveston County, Texas

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