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<br />'--I ~--,,--,~~--,-----~,---- <br /> <br /> <br /> <br />authority to grant, bargain, sell ~~--;19~8,07~7,0610~~~~$'8~03-:'06P,cDT.'B~,.1,eo; ..~~' ~"and'absolutely waiving and <br />releasing all rights and claims it ma~ ;2 ~f, 2 R 1 ~ .,0~ g;:,,!.~~, P~!ti ,NicJ<,t!~,l,,< ",', " ; ,Jtion, under and by virtue of <br />any act of the General Assembly of the Sfafe6f 'Colbraao,or as' ahY exemption tinaer ana oy Virtue or any act of the United States <br />Congress, now existing or which may hereafter be passed in relation thereto and that the same is free and clear of all liens and <br />encumbrances whatever, and the above bargained Property in the quiet and peaceable possession of the PUBLIC TRUSTEE, its successors <br />and assigns, against all and every person or persons lawfully claiming orto claim the whole or any part thereof, by, through or under the <br />. GRAN!D.R" the GFw:-JTOR ~h,all apd will Warrant and, Forever Defend.' , <br />. Un\il ,p.~Yll1e~t in full of t!1e i~debte~ness, the G~~,TOR sh~",timely pay all taxes and,as~e~sments levied ,on the Property; any <br />, andall'a"mounts due on account of principal and interest or, other, sumsohany senior encumbranc~s, if a.ny;and will keep 'the, Property <br />insured in accordance with the requirements of the Contract. Should the GRANTOR ~ail to i,nsure the Property in accordance with the <br />Contract or'to pay taxes or assessments' as the same fall due, cir to pay any amounts payable u'pori" senior encumbrances, if any, the <br />beneficiary may make any such payments 'or procure any such insurance, and all monies',so 'paid with interest thereon at the rate of ten <br />percent (10%) per annum shall be added to and become a part of the indebtedness secured by this qeed 'of Trust and may be paid out of <br />the proceeds of the sale of the Property if not paid by the GRANTOR. In addition, and at its option, the beneficiary may declare the <br />indebtedness secured hereby and this Deed of Trust to be in default for failure to procure insurance or make any further payments <br />required by this paragraph. <br />And that in case of any default. whereby the right of foreclosure occurs hereunder, the PUBLIC TRUSTEE, the <br />State as holder of the note, or the holder of a certificate of purchase, shall at once become entitled to the possession, use and enjoyment <br />of the Property aforesaid, and to the rents, issues and profits thereof, from the accruing of such right and during the pendency of <br />foreclosure proceedings and th~ period of redemption, if any there be; ,and such poss~s~loo. ,shqllat qnce be delivered to the PUBLIC <br />TRUSTEE, the State as holder of the note, or the holder of said certificate of purchase, on request and on refusal, the deiivery of the Property <br />may be enforced by the PUBLIC TRUSTEE; the State as holder of the note,or the holder of said certificate of purChase by an appropriate civil <br />suit or proceeding, and the PUBLIC, T~0sTEE, or the holder of said note or certificate of purchase, or Clny thereof, shallge entitled to a <br />Receiver for said PropertY, and of the ,rents, issues and .profits thereof, after such default, including the ti,me covered, by foreclosure <br />proceedings and the period,of redemption, ifany there be, and shall be entitled thereto as a matter of right without regard to the solvency <br />or insolvency of the GRANTOR or oftne then own,erot said Property and without regard to the value the~eof, and such Receiver may be <br />appointed by any court of competent jurisdiction upon ex parte application and without notice - notice being hereby expressly waived - and <br />all rents, issues and profits, income and revenue therefrom shall be applied by such Rec~iver to the payment of the indebtedness hereby <br />secured, according to the law and the orders and directions of the Court'. ' ~ ,~ ',' ~ ~ , <br />And. ,that in case' of.d~f~Ult in, any, of~a,idp~y~ents ,'61 pri~Cipal orint~~~~t, ::lccordin9 to the,tenor and, effect~f said ,promissory <br />note or a,ny pa.rtthereof,or of a breach or violatior:i, of any of:thecovenants,o(agreell1eflts',contained, hereir:i and in the Contract, by the <br />GRANTOR" its Person,al teprese'1tai!ves"orassigns, the" andin,t~atcas.~,.tl1e whol~,otsai~ p~ncipa.l s.um h~m:~by.secured.and the interest <br />thereol) tp t/:1e fi[mio(t/:1esaiei, may at once, at.tli~option of.,th~.legalh9Ider,thereof; ~ecom~;~ue'C3r:id'payable, andthesaidPropertybe <br />sold in the'manner.'a,nd'with the sameeftect as if said indebtedness had matured, 'a.ndthat iHoreclosure be made by the PUBLIC TRUSTEE, <br />an attorney'~ fee in a reasonable amount for services in the supervision of said foreclosure proceedings shall be allowed by the PUBLIC <br />TRUSTEE as a part of thecos~ of foreclosure, and if foreclosure be made through the courts a reasonable attomey's fee, shall be taxed by <br />the court as a part of uie cost of such'foreclosure proceedings. <br />It is further 'understood and agreed, thatif a release or.a partial release of this Deed of Trust is required, the <br />GRANTOR, its successors or assigns will pay the expense thereof; that all, the covenants and agreements contained herein and in the <br />Contract shall extend to and be binding upon the heirs, or assigns of the respective ,parties hereto; and that the singular number shall <br />include the plural, the plural-thesingular, and the use of any gender shall be applicable to all genders. <br />)iSxI!h5Utl!la',tl:1~dayand date first written above, <br />.\(^";'.;). ',iI...9.u l..s' ..""i,' <br />. }t~t.~';,~>~'~,~"...~~ ~,~\ <br />"-'I'h.." '1'-'0'1, "f'{~" (,. ': <br />.~~ 'f..\ . ~. . ,''\ ..../...;/,) .;-- "; <br />--.\.,. .,. ~A.;'t'd.--f"'ii'-,.':'" , .., , _'{!"- <br />, ,,'. ,,,',, ", ,.., - " <br />.j ~ : ',;Z} ","",,,-,.~~ i "~ ' <br />\ ';'~'\ l..0"']' .,\(*~~.L\':, }~V <br />';, ...~ ...~",:' .' .,.. ,< By written request this note and <br />ATTE~"'-': :'" :' ,'. Deed of Trust is released <br />":" ,on " . iQ1} '/.'@orporate ~ <br />" " -. - .... .~.~ 1 ~~'.(i'"" <br />. ".'~ '::";, ,,,,,~;, 'i;L on ?> tjo "!i () ';L 0- <br />State.:ot~J!lI~ ''-'J ,(,":.<.0'::;' \': Alta Mae 8ro n, Public Trustee <br />C L~fl~f; ',~') )'.J~~:~~, ';'L;~;: ~~. ) s~ Bent County, Colorado <br />OUn\1.'>O,~ ' , -r ' <br />':. ~'~:'" ",,1'\ r":~"';~ C~' ,: ~ .' . /J ' <br />The frire~ji:tgJn~ti1),(l>1~W~S:~GknOwledged before me this ~ day of'June 98,by'Willi~~ J. Grasmick, Pres.ident ancj Donald <br />F. Higbe~,'~rppr~~~~~e!13:ry. Witri"ess my hand and official e I. <br />. . :',:i:::~'!.r:~y,":",:",'"'. ." Nota P <br />My commission ~xpires ' ) ~/t/ :',/9/Q <br /> <br />------------------- -- ----------_.- <br />, , <br /> <br />By <br /> <br /> <br />sociation <br /> <br /> <br /> <br />ti)j) \.(? <br />