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<br /> <br /> <br /> <br /> <br />TRUSTEE'S DUTIES <br /> <br />If requested by Beneficiary to foreclose this lien, Trustee shall: <br /> <br />L Either personally or by agent give notice of the foreclosure sale as required by the <br />Texas Property Code as then amended. <br />2. Sell and convey all or part of the Property to the highest bidder for cash with a <br />general warranty binding Grantor, subject to prior liens and to other exceptions to <br />conveyances and warranty; 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 percent of the <br />bid; <br />b. to Beneficiary, the full amount of principal, interest, attorney's fees, and other <br />charges due and unpaid; <br />c. any amount required by law to be paid before payment to Grantor; and <br />d. to Grantor, any balance. <br /> <br />Any such trustee's sale shall be subject to and any purchaser at such sale shall be required <br />to agree to abide by the terms of the Environmental Agreement and by the Restrictive Covenants <br />placed on the Property this date in the Deed from Beneficiary to Grantor. This provision shall not <br />apply ifthe purchaser at such sale is Beneficiary. <br /> <br />GENERAL PROVISIONS <br /> <br />1. If any of the Property is sold under this Deed of Trust, grantor shall innnediately <br />surrender possession to the purchaser. If Grantor fails to do so, Grantor shall become <br />a tenant at sufferance ofthe 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. <br />5. If any portion of any sums owed to Beneficiary cannot be lawfully secured by this <br />Deed of Trust, payments shal1be 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 sales in lieu of <br />condemnation, and from damages caused by public works or construction on or near <br />the Property. After deducting any expenses incurred, including attorney's fees, <br />Beneficiary may release any remaining sums to Grantor or apply such sums to reduce <br />any sums owed Beneficiary. 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 <br />future rent and other income and receipts from the Property. Leases are not assigned. <br />Grantor warrants the validity and enforceability of the receipts of the assignment. <br />Grantor may as Beneficiary's licensee collect rent and other income and receipts as <br />long as there is no default under the Environmental Agreement or this Deed of Trust. <br />If there is a default in performance of the Environmental Agreement or this Deed of <br />Trust, Beneficiary may tenmnate Grantor's license to collect and then as Grantor's <br />agent may rent the Property if it is vacant and collect all rent and other income <br />receipts. Beneficiary neither has nor assumes any obligations as lessor or landlord <br />with respect to any occupant of the Property.. Beneficiary may exercise Beneficiary's <br /> <br />06RPD0083 LaPorte Deed ofTrust <br /> <br />4 <br />