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amended; and <br /> c. purchase the property at any foreclosure sale by offering the highest bid and then <br /> have the bid credited on the note. <br /> Trustee's Duties <br /> If requested by Beneficiary to foreclose this lien, Trustee shall: <br /> 1. either personally or by agent give notice of the foreclosure sale as required by the Texas <br /> Property Code as then amended; <br /> 2. sell and convey all or part of the property to the highest bidder for cash with a general <br /> warranty binding Grantor,subject to prior liens and to other exceptions to conveyance and warranty; <br /> and <br /> 3. from the proceeds of the sale,pay, in this order: <br /> a. expenses of foreclosure, including a commission to Trustee of 5%of the bid; <br /> b. to Beneficiary, the full amount of principal, interest, attorney's fees, and other <br /> charges due and unpaid; <br /> c. any amounts required by law to be paid before payment to Grantor; and <br /> d. to Grantor,any balance. <br /> General Provisions <br /> 1. If any of the property is sold under this deed of trust,Grantor shall immediately surrender <br /> possession to the purchaser. If Grantor fails to do so,Grantor shall become a tenant at sufferance of <br /> the purchaser, subject to an action for forcible detainer. <br /> 2. Recitals in any Trustee's deed conveying the property will be presumed to be true. <br /> 3. Proceeding under this deed of trust, filing suit for foreclosure, or pursuing any other <br /> remedy will not constitute an election of remedies. <br /> 4. This lien shall remain superior to liens later created even if the time of payment of all or <br /> part of the note is extended or part of the property is released. <br /> 5. If any portion of the note cannot be lawfully secured by this deed of trust,payments shall <br /> be applied first to discharge that portion. <br /> 6. Grantor assigns to Beneficiary all sums payable to or received by Grantor from <br /> condemnation of all or part of the property, from private sale in lieu of condemnation, and from <br /> damages caused by public works or construction on or near the property. After deducting any <br /> expenses incurred,including attorney's fees,Beneficiary may release any remaining sums to Grantor <br /> or apply such sums to reduce the note. Beneficiary shall not be liable for failure to collect or to <br /> exercise diligence in collecting any such sums. <br /> 7. Grantor assigns to Beneficiary absolutely, not only as collateral, all present and future <br /> rent and other income and receipts from the property. Leases are not assigned. Grantor warrants the <br /> validity and enforceability of the assignment. Grantor may as Beneficiary's licensee collect rent and <br /> other income and receipts as long as Grantor is not in default under the note or this deed of trust. <br /> Grantor will apply all rent and other income and receipts to payment of the note and performance of <br /> this deed of trust,but if the rent and other income and receipts exceed the amount due under the note <br /> and deed of trust, Grantor may retain the excess. If Grantor defaults in payment of the note or <br /> performance of this deed of trust,Beneficiary may terminate Grantor's license to collect and then as <br /> Grantor's agent may rent the property if it is vacant and collect all rent and other income and receipts. <br /> Beneficiary neither has nor assumes any obligations as lessor or landlord with respect to any <br /> occupant of the property. Beneficiary may exercise Beneficiary's rights and remedies under this <br /> paragraph without taking possession of the property. Beneficiary shall apply all rent and other <br /> income and receipts collected under this paragraph first to expenses incurred in exercising <br /> Beneficiary's rights and remedies and then to Grantor's obligations under the note and this deed of <br /> trust in the order determined by Beneficiary. Beneficiary is not required to act under this paragraph, <br />