note and deed of trust signed not by the debtor, but by the original borrowers— who thereafter furtively sold the collateral to the debtor. 4 . Wells Fargo serves as Trustee Under Pooling and Servicing Agreement as of April, 2005 Asset-Backed Pass-Through Certificates Series 2005-WHQ2. 5 . Any reference in this Opinion to Barclays taking action necessarily means that it is taking action on behalf of Wells Fargo. Further, even though Barclays, the servicer of the loan, is the party who filed the pleadings in this case, this Opinion will frequently refer to Wells Fargo instead of Barclays because it is Wells Fargo who holds the First Lien Note and First Li tors, No. C14-90-01083, 1991 WL 63624, at *1 (Tex.App.—Houston [14th Dist.] 1991, no writ) (mem. op., not designated for publication) (<HOLDING>). 9 . There are at least two cases which have
holding that penalty clauses are enforceable unless they are found to be grossly unreasonable recognizing this texas rule holding enforceable forum selection clauses in arbitration agreements recognizing that due on sale clauses are enforceable in texas holding that acceleration clauses are quite common and are generally enforceable according to their terms