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<br />amended, or, if and to the extent such statute is not then in force, with the applicable
<br />requirements, at the time of the sale, of the successor statute or statutes, if any, governing sales
<br />of Texas real property under powers of sale conferred by deeds of trust. If there is no statute in
<br />force at the time of the sale governing sales of Texas real property under powers of sale
<br />conferred by deeds of trust, such sale shall comply with applicable law, at the time of the sale,
<br />governing sales of Texas real property under powers of sale conferred by deeds of trust.
<br />(ii) Right to Require Proof of Financial Ability and/or Cash Bid. At any time during
<br />the bidding, Deed of Trust Trustee may require a bidding party (A) to disclose its full name, state
<br />and city of residence, occupation, and specific business office location, and the name and address
<br />of the principal the bidding party is representing (if applicable), and (B) to demonstrate
<br />reasonable evidence of the bidding party's financial ability (or, if applicable, the financial ability
<br />of the principal of such bidding party), as a condition to the bidding party submitting bids at the
<br />foreclosure sale. If any such bidding party (the "Questioned Bidder ") declines to comply with
<br />Deed of Trust Trustee's requirement in this regard, or if such Questioned Bidder does respond
<br />but Deed of Trust Trustee, in Deed of Trust Trustee's sole and absolute discretion, deems the
<br />information or the evidence of the financial ability of the Questioned Bidder (or, if applicable,
<br />the principal of such bidding party) to be inadequate, then Deed of Trust Trustee may continue
<br />the bidding with reservation; and in such event (1) Deed of Trust Trustee shall be authorized to
<br />caution the Questioned Bidder concerning the legal obligations to be incurred in submitting bids,
<br />and (2) if the Questioned Bidder is not the highest bidder at the sale, or if having been the highest
<br />bidder the Questioned Bidder fails to deliver the cash purchase price payment promptly to Deed
<br />of Trust Trustee, all bids by the Questioned Bidder shall be null and void. Deed of Trust Trustee
<br />may, in Deed of Trust Trustee's sole and absolute discretion, determine that a credit bid may be
<br />in the best interest of Borrower and Lender, and elect to sell the Mortgaged Property for credit or
<br />for a combination of cash and credit; provided, however, that Deed of Trust Trustee shall have
<br />no obligation to accept any bid except an al I cash bid. In the event Deed of Trust Trustee
<br />requires a cash bid and cash is not delivered within a reasonable time after conclusion of the
<br />bidding process, as specified by Deed of Trust Trustee, but in no event later than 3:45 p.m. local
<br />time on the day of sale, then said contingent sale shall be null and void, thc bidding process may
<br />be recommenced, and any subsequent bids or sale shall be made as if no prior bids were made or
<br />accepted.
<br />(iii) Deed of Trust Trustee's Deeds. After any sale under this subsection, Deed of
<br />Trust Trustee shall make good and sufficient deeds, assignments, and other conveyances to the
<br />purchaser or purchasers thereunder in the name of Borrower, conveying the Mortgaged Property
<br />or any part thereof so sold to the purchaser or purchasers with general warranty of title by
<br />Borrower. It is agreed that in any deeds, assignments or other conveyances given by Deed of
<br />Trust Trustee, any and all statements of fact or other recitals therein made as to the identity of
<br />Lender, the occurrence or existence of any Event of Default, the notice of intention to accelerate,
<br />or acceleration of, the maturity of the Debt, the request to sell, notice of sale, time, place, terms
<br />and manner of sale, and receipt, distribution, and application of the money realized therefrom,
<br />the due and proper appointment of a substitute Deed of Trust Trustee, and without being limited
<br />by the foregoing, any other act or thing having been duly done by or on behalf of Lender or by or
<br />on behalf of Deed of Trust Trustee, shall be taken by all courts of law and equity as prima facie
<br />evidence that such statements or recitals state true, correct, and complete facts and are without
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