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20050'7874
<br />bidder, and in lieu of paying cash may credit the amount of the bid upon the Debt held by Lender or such other
<br />holders up to the full amount of the Debt then unpaid. Lender shall not be held liable for any damages in
<br />connection with actions taken by Lender or by Trustee hereunder. If a sale under this Security Instrument is made
<br />because of an Event of Default relating to payment of any portion of the Debt, and Lender elects not to accelerate
<br />the Debt, the sale may be made subject to the unmatured part of the Debt, and as to the unmatured part of the
<br />Debt, this Security Instrument shall remain in full force and effect. Several sales may be made hereunder without
<br />exhausting the power of foreclosure and the power to sell the Property, in whole or in part, for any other part of
<br />the Debt whether then matured or subsequently maturing. Borrower shall indemnify Trustee against all liabilities
<br />and expenses that he may incur in the performance of his duties under this Security Instrument.
<br />(c) Except as expressly otherwise provided in this Security Instrument, Borrower waives any and all
<br />rights of presentment, protest, notice of protest, demand, notice of dishonor, notice of nonpayment, notice of
<br />intent to accelerate, notice of acceleration and all other notices. To the full extent Borrower may do so, Borrower
<br />agrees that Borrower will not at any time insist upon, plead, claim or take the benefit or advantage of any law now
<br />or hereafter in force providing for any moratorium, appraisement, valuation, stay, extension, reinstatement or
<br />redemption, and Borrower, for Borrower, Borrower's heirs, devisees, representatives, successors and assigns, and
<br />for any and all persons ever claiming any interest in the Property, to the extent permitted by applicable law,
<br />hereby waives and releases all rights of moratorium, reinstatement, redemption, valuation, appraisement, stay of
<br />execution, notice of intention to mature or declare due the whole of the Debt, notice of election to mature or
<br />declare due the whole of the Debt and all rights to a marshalling of assets of Borrower, including the Property, or
<br />to a sale in inverse order of alienation in the event of foreclosure of the liens and/or security interest hereby
<br />created, Borrower shall not have or assert any right under any statute or rule of law pertaining to the marshalling
<br />of assets, sale in inverse order of alienation, the exemption of homestead, the administration of estates of
<br />decedents, or other matters whatever to defeat, reduce or affect the right of Lender under the terms of this Security
<br />Instrument to a sale of the Property for the collection of the Debt without any prior or different resort for
<br />collection, or the right of Lender under the terms of this Security Instrument to the payment of the Debt out of the
<br />proceeds of sale of the Property in preference to every other claimant whatever. Borrower waives any right or
<br />remedy which Borrower may have or be able to assert pursuant to Chapter 34 of the Texas Business and
<br />Commerce Code, or any other provision of Texas law, pertaining to the rights and remedies of sureties. If any law
<br />referred to in this Section and now in force, of which Borrower or Borrower's heirs, devisees, representatives,
<br />successors or assigns or any other persons claiming any interest in the Property might take advantage despite this
<br />Section, shall hereafter be repealed or cease to be in force, such law shall not thereafter be deemed to preclude the
<br />application of this Section.
<br />TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BORROWER HEREBY
<br />WAIVES ANY RIGHT TO DETERMINATION OF FAIR MARKET VALUE AND TO AN OFFSET AGAINST
<br />ANY DEFICIENCY_ RESULTING FROM A FORECLOSURE SALE OF THE PROPERTY (OR ANY PORTION
<br />THEREOF ) PURSUANT TO SECTION 51.002 OF THE TEXAS PROPERTY CODE AS AMENDED AND IN
<br />EFFECT FROM TIME TO TIME AND /OR ANY SUCCESSOR STATUTE; HEREIN CALLED THE
<br />"PROPERTY CODE "), OR PURSUANT TO A. JUDICIAL FORECLOSURE INCLUDING,
<br />LIMITATION, ANY SUCH RIGHTS THAT BORROWER MAY OTHERWISE HAVE HAD UNDER SECTION
<br />51.003 AND /OR SECTION 51.004 OF THE PROPERTY CODE.
<br />(d) Without limiting any other rights or remedies herein provided and provided by law at law and in
<br />equity, upon the occurrence and the continuation of an Event of Default, with respect to that portion of the
<br />Property constituting collateral subject to the Uniform Commercial Code of the State of Texas, Lender may, at his
<br />option, accomplish the sale of such collateral jointly with the sale of the real property pursuant to the Property
<br />Code relating to the sale of real estate, or separately by Chapter 9 of the Texas Business and Commerce Code
<br />relating to the sale of collateral after default by the debtors (as said section and chapter now exist or may be
<br />hereafter amended or succeeded), or by any other present or subsequent articles of enactments relating to same. In
<br />the event of a sale of collateral pursuant to Chapter 9 of the Texas Business and Commerce Code, if notice to
<br />Borrower of the intended disposition is required by law, such notice shall be decreed commercially reasonable if
<br />given to Borrower at least ten (10) calendar days prior to the date of the sale. Nothing contained in this paragraph
<br />shall be construed to limit in any way Lender's right to sell the Property by private sale if any court of competent
<br />jurisdiction orders the same. At any such sale:
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