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<br />- -"I 19-980766'-06/02/1998 '03 :04PDT ',Bent-- Co ,--clf -
<br />authority to grant, bargain, sell a, ' " . . . ' , . '.' . .' , , 'I and absolutely waiving and
<br />releasing all rights and claims it m 2 of 2 R 1~. 00 D 0,. 00 Path N,lcke-ll, mption, under and by virtue of
<br />any act of the General Assembly of the State of Colorado: or a-s any -exempifo"n' u'j,-der" and by virtue of 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
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<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 or to claim the whole or any part thereof, by, through or under the
<br />GRANTOR, the GRANTOR shall and will Warrant and Forever Defend.
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<br />Until payment in full of the indebtedness, the QRANTOR shall timely pay all taxes and assessments levied on the Property; any
<br />and all amounts due on account of principal and interest or other sums on any senior encumbrances, if any; and will keep the Property
<br />insured in accordance with the requirements of the Contract. Should the GRANTOR fail to insure the Property in accordance with the
<br />Contract or to pay taxes or assessments as the same fall due, or to pay any amounts payable upon 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 (1 0%) per annum shall be added to and become a part of the indebtedness secured by this Deed 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.
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<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, ~nd to the rents, issues and profits thereof, from the accruing of such right and during the pendency of
<br />foreclosure proceedings and the period of redemption, if any there be, and such possession shall at once 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 delivery 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 proceedil1g, and the PUBLIC TRUSTEE, or the holder of said note or certificate of purchase, or any thereof, shall be entitled to a
<br />Receiver for said Property,., and of t!ie rents, issues and profits thereof, after .,such . default, including the time covered by foreclosure
<br />proceedings and the period of redelT)ption, ,f any there be, and shall be entitled thereto as a matter of right without regard to the solvency
<br />or insolvency of the GRANTOR or of.the then owner of said Property and without regard to the value thereof, 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 Receiver to the payment of the indebtedness hereby
<br />secured, accqrding to the law and the orders and directions of the court.
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<br />Arid I that in case of default in any of said payments of principal or interest, according to the tenor and effect,of said promissory
<br />note or any part thereof, or of a breach or violation of any of the covenants or agreements contained herein and in the Contract, by the
<br />GRANTOR, its personal,represent,atives or assigns, then and in that case the whole of said principal sum hereby secured, and the interest
<br />thereonJq the "time, of the sale, may at once, at the option of the legal holder thereof, become .due and payable, and the said Property be
<br />sold in the manner and with the same effect as if said indebtedness had matured, and that if foreclosure be made by the PUBLIC TRUSTEE,
<br />, an attorney's fee in a reasonable amount for services in the supervision of said foreclosure proceedings shall be allowed by the PUBLIC
<br />TRUSTEE asa 'part of the ,cost 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 the cost of such foreclosure proceedings.
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<br />It is further understood and agreed, that if a release bra 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 />Contra(;t~I:);:!IL~xtendto and be binding upon the heirs or assigns of the 'respective parties hereto; and thatithe singular number shall
<br />inclll~ tq~Jllpr~',~'the, plural the singular, and the use of any gender shall be applicable to all genders.
<br />
<br />,,:;>'f:>;;,S5I1~~t~9 ,1~epay and date first written above.
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<br />r:t[;;~~~r.2~j~\t[ Lower Arka as Wat ~ Association
<br />,. I,,-l ~ , /!- I "i-' ',. to" " By
<br />\ -:"."~r,~,,:./ }} ::~~ \,13\ /? } L . rasmick, President
<br />'-. /,' '~" ,'''<> '''J~G:AL)
<br />'; ""', ~ C~:,"G~; ()~"- ",::- "'I, / '/,.../- , By written request this note and
<br />A~!i,si;~ \ .",., .':.''ii, v.. , Deed of Trust is released
<br />. "\:~~f;:.pOFlCl' ,'Fi I~pee.;. orporate S- . , ~ I /A _ ~/
<br />....<.;:~,\~,<./:~:;~<,;I4-\'~/. on tJ 7L~ ~/Qz!.... ~#-
<br />State:.cif}13~~ado'M~)",,,"' .... \ / /
<br />... :i:X':.';.. _ ' "}J:~~ c' ',.i'~, ": ) ss Alta Mae Brown Public Trustee
<br />Co~,W,~ <...., '. iT~ J Bent County, Colorado
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<br />- ,.~/.\ . 1"'\" 't..i '- n ., f
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<br />th~ ~ff~~~~ir~~~u~t~~~-aCknOWledged before me this I ~ day of June 1998, b
<br />F,Ii,igb~ e~P!?f~.teB'I;!c[etary. Witness my hand and official seal.
<br />, \:.~; ~/. q " 'tJ., , 'l~.,
<br />;"""" >y ~ ~ ti 11'4,..' ,
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<br />My commi:~;b~'<~~~i:r'~i / /?L~ .; h 9
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