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<br />~~ <br />ffl <br />rM <br />Ci <br />j <br />tJ:I <br />r~k <br />I <br />= <br />~~ <br />~ <br /> <br />~ <br />; <br /> <br />3.4.3 purchase the property at any foreclosure sale by offering the highest bid <br />and then have the bid credited on the Note. <br /> <br />Article IV <br />TRUSTEE'S DUTIES <br /> <br />4.1 Foreclosure Duties. If requested by Beneficiary to foreclose this lien, Trustee <br />shall: <br />4.1.1 either personally or by agent give notice of the foreclosure sale as <br />required by the Texas Property Code as then amended; and <br />4.1.2 sell and convey all or part of the property to the highest bidder for cash <br />with a general warranty binding Grantor, subject to prior liens and to other <br />exceptions to conveyance and warranty. <br /> <br />4.2 Foreclosure Sale Proceeds. From the proceeds of such sale, Trustee shall pay, <br />in this order: <br />4.2.1 first, expenses of foreclosure; <br />4.2.2 second, to Beneficiary, the full amount of principal, interest, attorney's <br />fees, and other charges due and unpaid; <br />4.2.3 third, any amounts required by law to be paid before payment to Grantor; <br />and <br />4.2.4 fourth, to Grantor, any balance. <br /> <br />Article V <br />GENERAL PROVISIONS <br /> <br />5.1 Surrender of Possession. If any of the property is sold under this Deed of Trust, <br />Grantor shall immediately surrender possession to the purchaser. If Grantor fails to <br />do so, Grantor shall become a tenant at sufferance of the purchaser, subject to an <br />action for forcible detainer. <br /> <br />5.2 Recitals. Recitals in any Trustee's deed conveying the property will be presumed <br />to be true. <br /> <br />5.3 Election of Remedies. Proceeding under this Deed of Trust, filing suit for <br />foreclosure, or pursuing any other remedy will not constitute an election of remedies. <br /> <br />5.4 Superior Lien. Subject to the terms of this Deed of Trust, this lien shall remain <br />superior to liens later created even if the time of payment of all or part of the Note is <br />extended or part of the property is released. <br /> <br />5.5 Application of Payments. If any portion of the Note cannot be lawfully secured <br />by this Deed of Trust, payments shall be applied first to discharge that portion. <br /> <br />Page 4 <br />