The construction deed of trust should recite that it is a construction mortgage pursuant to UCC § 9.313. A construction mortgage takes priority over purchase money liens for fixtures or leasehold interests if it recites that it is a construction mortgage and is recorded prior to the perfection of the personal property lien.
If the Bank retains 10% of the contract price for a period of 30 days from the date of completion, no lien claim filed by a subcontractor, materialman, or laborer can attach to the property. The subcontractor, materialman, or laborer must look solely to the retainage fund for payment of any claim. [TPC § 53.105.]