Laserfiche WebLink
201906785 <br />8.14 NOTICE. Grantor shall take any action for the purpose of limiting or attempting to limit <br />the operation of this Deed of Trust as such security. <br />ARTICLE IX <br />DEFAULT AND REMEDIES <br />9.1 ACCELERATION AND WAIVER OF NOTICES. Upon the occurrence of an Event of <br />Default, Lender, at Lender's option, may declare all of the sums secured by this Instrument to be <br />immediately due and payable without further demand and may invoke the power of sale and any other <br />remedies permitted by applicable law or provided herein. Grantor acknowledges that the power of sale <br />granted to Lender may be exercised by Lender without prior judicial hearing. Grantor and each <br />Guarantor, surety, and endorser of all or any part of the Indebtedness expressly waive all presentations for <br />payment, notices of intention to accelerate maturity, notices of acceleration of maturity, notices of <br />intention to demand payment, demands for payment, protests, and notices of protest. Except as may be <br />expressly provided in this Instrument or the other Loan Documents, Grantor and each Guarantor, surety, <br />and endorser acknowledge and understand that by these waivers they waive any right they may have to <br />receive notices of default under this Instrument, the Note, and the other Loan Documents, as well as any <br />opportunity to cure any such default. Notwithstanding any other provision of this Instrument to the <br />contrary, (i) upon the occurrence of an Event of Default, Lender agrees to provide Grantor with five (5) <br />business days prior written notice before exercising any remedy other than acceleration of the Note and, <br />in the event the Note is not paid in full along with all other charges and Indebtedness due and owing <br />within five (5) days of any such notice, Lender may immediately exercise any and all rights and remedies <br />available to it under this Instrument; and (ii) upon exercise of Lender's remedies against Grantor, Lender <br />agrees to send Grantor written notice (but not any additional opportunity to cure) in writing. <br />9.2 TRUSTEE'S SALE. Lender may cause the Property which consists solely of real <br />property to be sold by Trustee as permitted by applicable law. Before any such trustee's sale, Lender or <br />Trustee shall give such notice of default and/or sale as may then be required by law. When all time <br />periods then legally mandated have expired, and after such notice of sale as may then be legally required <br />has been given, Trustee shall sell the Property, either as a whole or in separate parcels, and in such order <br />as Trustee may determine, at a public auction to be held at the time and place specified in the notice of <br />sale. Neither Trustee nor Lender shall have any obligation to make demand on Grantor before any <br />trustee's sale. From time to time in accordance with then applicable law, Trustee may, and in any event at <br />Lender's request shall, postpone any trustee's sale by public announcement at the time and place noticed <br />for that sale. At any trustee's sale, Trustee shall sell to the highest bidder at public auction for cash in <br />lawful money of the United States, or such other form of payment satisfactory to Trustee. Any person, <br />including Grantor, Trustee or Lender, may purchase at the trustee's sale to the extent permitted by then <br />applicable law. Lender shall have the benefit of any law permitting credit bids. Trustee shall execute and <br />deliver to the purchaser(s) a deed or deeds conveying the property being sold without any covenant or <br />warranty whatsoever, express or implied. The recitals in any such deed of any matters or facts, including <br />any facts bearing upon the regularity or validity of any trustee's sale, shall be conclusive proof of their <br />truthfulness. Any such deed shall be conclusive against all persons as to the facts recited in it. <br />9.3 FORECLOSURE OF ALL PROPERTY. The Land, Improvements, Personal Property, <br />collateral, Leases, Rents and other collateral or security comprising the Property may be sold in one or <br />more public sales pursuant to applicable law. Lender shall be entitled to foreclose its security interests <br />against the Personal Property and other collateral in accordance with any other rights and remedies <br />Lender may have as a secured party under the Texas UCC. Grantor agrees that notice of sale of the <br />Personal Property and other Collateral provided in this Article IX is and shall constitute commercially <br />reasonable notice of the sale of the Property and the Collateral under the Texas UCC. Upon Lender's <br />2932707_3 22 <br />