Laserfiche WebLink
201400400 <br />3. The following paragraph on Page 5 of this Security Instrument is hereby deleted in <br />its entirety: <br />TO HAVE AND TO HOLD the above granted and described Mortgaged Property <br />unto and to the use and benefit of Lender, and the successors and assigns of <br />Lender, forever, provided that the Mortgaged Property shall include Excepted <br />Rights and Excepted Payments, as defined in the Assignment, only to the extent <br />to which Lender has rights to such Excepted Rights and Excepted Payments as <br />specifically set forth in the Assignment, subject, however to the Permitted <br />Exceptions (hereinafter defined). <br />and the following paragraph is substituted in its place: <br />TO HAVE AND TO HOLD the above granted and described Mortgaged Property, <br />unto Deed of Trust Trustee and Deed of Trust Trustee's successors, substitutes or <br />assigns, in trust, with power of sale, and for the uses and purposes herein set forth, <br />forever, provided that the Mortgaged Property shall include Excepted Rights and <br />Excepted Payments, as defined in the Assignment, only to the extent to which <br />Lender has rights to such Excepted Rights and Excepted Payments as specifically <br />set forth in the Assignment, together with all rights, privileges, hereditaments and <br />appurtenances in anywise appertaining or belonging thereto, subject only to the <br />Permitted Exceptions (as defined herein), and Borrower, for Borrower and <br />Borrower's successors and assigns, hereby agrees to warrant and forever defend, all <br />and singular, the title to the Mortgaged Property unto Deed of Trust Trustee and <br />such trustee's successors or substitutes in this trust against the claim or claims of all <br />persons claiming or to claim the same or any part thereof, subject, however, to the <br />Permitted Exceptions as aforesaid. <br />4. The following subsection is inserted on Page 5 of this Security Instrument as <br />follows: <br />(e) any and all readvances made pursuant to paragraph 19 of this Security <br />Instrument. <br />5. Notwithstanding anything contained in paragraph 25 of this Security Instrument <br />to the contrary, upon the occurrence and during the continuation of any Event of Default <br />Lender may, at Lender's option, request Deed of Trust Trustee to proceed with <br />foreclosure under the power of sale which is conferred under paragraph 25(a)(iv) of this <br />Security Instrument, such foreclosure to be accomplished in accordance with the <br />following provisions: <br />(i) Public Sale. Deed of Trust Trustee is hereby authorized and empowered, and it <br />shall be Deed of Trust Trustee's special duty, upon such request of Lender, to sell the Mortgaged <br />Property, or any part thereof, at public auction to the highest bidder for cash, with or without <br />having taken possession of same. Any such sale (including notice thereof) shall comply with the <br />applicable requirements, at the time of the sale, of Section 51.002 of the Texas Property Code, as <br />- 136 - <br />