THE INDEBTEDNESS MAY BE MADE
HEREUNDER WHENEVER THERE IS A DEFAULT IN THE PAYMENT OF ANY INSTALLMENT OF THE
INDEBTEDNESS, WITHOUT EXHAUSTING THE POWER OF SALE GRANTED HEREBY, AND WITHOUT
AFFECTING IN ANY WAY THE POWER OF SALE GRANTED UNDER THIS SUBSECTION, THE
UNMATURED BALANCE OF THE INDEBTEDNESS OR THE RIGHTS, POWERS, LIENS, SECURITY
INTERESTS, AND ASSIGNMENTS SECURING OR PROVIDING RECOURSE FOR PAYMENT OF THE
INDEBTEDNESS.
(IV)
PARTIAL FORECLOSURE. SALE OF A PART OF THE MORTGAGED PROPERTY
SHALL NOT EXHAUST THE POWER OF SALE, BUT SALES MAY BE MADE FROM TIME TO TIME
UNTIL THE INDEBTEDNESS IS PAID AND THE OBLIGATIONS ARE PERFORMED AND DISCHARGED
IN FULL.
(V)
TRUSTEE'S DEEDS. AFTER ANY SALE UNDER THIS SUBSECTION, TRUSTEE
SHALL MAKE GOOD AND SUFFICIENT DEEDS, ASSIGNMENTS, AND OTHER CONVEYANCES TO THE
PURCHASER OR PURCHASERS THEREUNDER IN THE NAME OF GRANTOR, CONVEYING THE
MORTGAGED PROPERTY OR ANY
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PART THEREOF SO SOLD TO THE PURCHASER OR PURCHASERS WITH GENERAL WARRANTY OF
TITLE BY GRANTOR. IT IS AGREED THAT IN ANY DEEDS, ASSIGNMENTS OR OTHER
CONVEYANCES GIVEN BY TRUSTEE, ANY AND ALL STATEMENTS OF FACT OR OTHER RECITALS
THEREIN MADE AS TO THE IDENTITY OF BENEFICIARY, THE OCCURRENCE OR EXISTENCE OF
ANY EVENT OF DEFAULT, THE NOTICE OF INTENTION TO ACCELERATE, OR ACCELERATION OF,
THE MATURITY OF THE INDEBTEDNESS, THE REQUEST TO SELL, NOTICE OF SALE, TIME,
PLACE, TERMS AND MANNER OF SALE, AND RECEIPT, DISTRIBUTION, AND APPLICATION OF
THE MONEY REALIZED THEREFROM, THE DUE AND PROPER APPOINTMENT OF A SUBSTITUTE
TRUSTEE, AND ANY OTHER ACT OR THING HAVING BEEN DULY DONE BY OR ON BEHALF OF
BENEFICIARY OR BY OR ON BEHALF OF TRUSTEE, SHALL BE TAKEN BY ALL COURTS OF LAW
AND EQUITY AS PRIMA FACIE EVIDENCE THAT SUCH STATEMENTS OR RECITALS STATE TRUE,
CORRECT, AND COMPLETE FACTS AND ARE WITHOUT FURTHER QUESTION TO BE SO ACCEPTED,
AND GRANTOR DOES HEREBY RATIFY AND CONFIRM ANY AND ALL ACTS THAT TRUSTEE MAY
LAWFULLY DO IN THE PREMISES BY VIRTUE HEREOF.
(D)
BENEFICIARY'S JUDICIAL REMEDIES. BENEFICIARY, OR TRUSTEE, UPON
WRITTEN REQUEST OF BENEFICIARY, MAY PROCEED BY SUIT OR SUITS, AT LAW OR IN
EQUITY, TO ENFORCE THE PAYMENT OF THE INDEBTEDNESS AND THE PERFORMANCE AND
DISCHARGE OF THE OBLIGATIONS IN ACCORDANCE WITH THE TERMS HEREOF, OF THE NOTE,
AND THE OTHER LOAN DOCUMENTS, TO FORECLOSE THE LIENS AND SECURITY INTERESTS OF
THIS DEED OF TRUST AS AGAINST ALL OR ANY PART OF THE MORTGAGED PROPERTY, AND TO
HAVE ALL OR ANY PART OF THE MORTGAGED PROPERTY SOLD UNDER THE JUDGMENT OR DECREE
OF A COURT OF COMPETENT JURISDICTION. THIS REMEDY SHALL BE CUMULATIVE OF ANY
OTHER NONJUDICIAL REMEDIES AVAILABLE TO BENEFICIARY WITH RESPECT TO THE LOAN
DOCUMENTS. PROCEEDING WITH A REQUEST OR RECEIVING A JUDGMENT FOR LEGAL RELIEF
SHALL NOT BE OR BE DEEMED TO BE AN ELECTION OF REMEDIES OR BAR ANY AVAILABLE
NONJUDICIAL REMEDY OF BENEFICIARY.
(E)
BENEFICIARY'S RIGHT TO APPOINTMENT OF RECEIVER. BENEFICIARY, AS A
MATTER OF RIGHT AND WITHOUT REGARD TO THE SUFFICIENCY OF THE SECURITY FOR
REPAYMENT OF