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<br />Bk Vol P9
<br />05020201 DPR 2726 525
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<br />written notice, all sums so advanced or paid by Holder, with interest at the highest lawful rate from the
<br />date when paid or incurred by Holder. No such payment by Holder shall constitute a waiver of any Event
<br />of Default. In addition to the Liens hereof, Holder shall be subrogated to all Rights and Liens securing
<br />the payment of any debt, claim, tax, or assessment for the payment of which Holder may make an
<br />advance, or which Holder may pay.
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<br />(b) Holder may, without notice, demand, or presentment, which are hereby waived by
<br />Grantor and all other parties obligated in any manner whatsoever on the Obligation, declare the entire
<br />unpaid balance of the Obligation immediately due and payable, and upon such declaration the entire
<br />unpaid balance ofthe Obligation shall be immediately due and payable.
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<br />(c) Holder may request Trustee to proceed with foreclosure, and in such event Trustee is
<br />hereby authorized and empowered, and it shall be his special duty, upon such request of Holder, to sell
<br />the Mortgaged Property, or any part thereof, to the highest bidder or bidders for cash, at the courthouse of
<br />the county in the State of Texas wherein the Land then subject to the Liens hereof is situated; provided
<br />that if the Land is situated in more than one county such sale of the Mortgaged Property, or part thereof,
<br />may be made in any county in the State of Texas wherein any part of the Land then subject to the Liens
<br />hereof is situated. Any such sale shall be made at public outcry, on the day of any month, during the
<br />hours of such day, and after written notices thereof have been publicly posted in such places and for such
<br />time periods and all persons and entities entitled to notice thereof have received such notice, all as
<br />required by applicable law in effect at the time of such sale; and nothing herein shall be deemed to require
<br />Holder or Trustee to do, and Holder and Trustee shall not be required to do, any act other than as required
<br />by applicable law in effect at the time of any such sale. After such sale, Trustee shall make to the
<br />purchaser or purchasers thereunder good and sufficient deeds and assignments, in the name of Grantor,
<br />conveying the Mortgaged Property, or part thereof, so sold to the purchaser or purchasers with general
<br />warranty of title by Grantor. Sale of a part of the Mortgaged Property shall not exhaust the power of sale,
<br />but sales may be made from time to time until the Obligation is paid and performed in full. It shall not be
<br />necessary to have present or to exhibit at any such sale any of the Accessories. In addition to the Rights
<br />of sale granted under the preceding provisions of this subsection, if default is made in the payment of any
<br />installment of the Obligation, Holder, at its option, at once or at any time thereafter while any matured
<br />installment remains unpaid, without declaring the entire Obligation to be due and payable, may orally or
<br />in writing direct Trustee to enforce this trust and to sell the Mortgaged Property subject to such
<br />unmatured indebtedness and the Liens securing its payment, in the same manner on the same terms, at the
<br />same place and time, and after having given notice in the same manner, all as provided in the preceding
<br />provisions of this subsection. After such sale, Trustee shall make due conveyance to the purchaser of
<br />purchasers. Sales made without maturing the Obligation may be made hereunder whenever there is
<br />default in the payment of any installment of the Obligations without exhausting the power of sale granted
<br />hereby, and without affecting in any way the power of sale granted under this subsection on the
<br />unmatured balance of the Obligation (except as to any proceeds of any sale which Holder may apply as a
<br />prepayment on the Obligation) or the Liens securing payment of the Obligation. It is intended by each of
<br />the foregoing provisions of this subsection that Trustee may, after any request or direction by Holder, sell,
<br />not only the Land, but also the Accessories and other interests constituting a part of the Mortgaged
<br />Property, or any part thereof, along with the Land, or any part thereof, all as a unit and as a part of the
<br />single sale, or may sell any part of the Mortgaged Property separately from the remainder of the
<br />Mortgaged Property. It is agreed that, in any deed or deeds given by Trustee, any and all statements of
<br />fact or other recitals therein made as to the identity of Holder, or as to the occurrence or existence of any
<br />Event of Default, or as to the acceleration of the maturity of the Obligation, or as to the request to sell,
<br />notice of sale, time, place, terms, and manner of sale, and receipt, distribution, and application of the
<br />money realized therefrom, or as to the due and proper appointment of a substitute trustee, and, without
<br />being limited by the foregoing, as to any other act or thing having been duly done by Holder or by
<br />Trustee, shall be taken by all courts of law and equity as prima facie evidence that such statements or
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<br />CITY OF SAN MARcos-JQH DEED OF TRUST
<br />779100.6
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