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Bk Vol Pg <br />80025567 OPR 71470 303 <br />have the bid credited on the Note. <br />7. Lender may remedy any default without waiving it and may waive any default without <br />waiving any prior or subsequent default. <br />C. Trustee's Rights and Duties <br />If directed by Lender to foreclose this lien, Trustee will- <br />1. either personally or by agent give notice of the foreclosure sale as required by the Texas <br />Property Code as then in effect; <br />2. sell and convey all or part of the Property "AS IS" to the highest bidder for cash with a <br />general warranty binding Grantor, subject to the Prior Lien and to the Other Exceptions to <br />Conveyance and Warranty and without representation or warranty, express or implied, by <br />Trustee; <br />3. from the proceeds of the sale, pay, in this order- <br />a. expenses of foreclosure, including a reasonable commission to Trustee; <br />b. to Lender, the full amount of principal, interest, attorney's fees, and other charges <br />due and unpaid; <br />C. any amounts required by law to be paid before payment to Grantor; and <br />d. to Grantor, any balance; and <br />4. be indemnified by Lender against all costs, expenses, and liabilities incurred by Trustee <br />for acting in the execution or enforcement of the trust created by this deed of trust, which <br />includes all court and other costs, including attorney's fees, incurred by Trustee in defense of any <br />action or proceeding taken against Trustee in that capacity. <br />D. General Provisions <br />1. If any of the Property is sold under this deed of trust, Grantor must immediately surrender <br />possession to the purchaser. If Grantor fails to do so, Grantor will become a tenant at sufferance <br />of 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 will 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.