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<br />, 19'ifUl-4ts-~.1tST1~Tl~=:r,~~:~I""~I-:-Der'!1.-'"g-;-'",V . <br />(2 of 2 R 11.0000.00 Palli'NackeU' <br /> <br />authority to grant, bargain, sell and convey the same in the manner and form as aforesaid; hereby fully and absolutely waiving and <br />releasing all rights and claims it may have in or to said Property as a Homestead Exemption, ar other exemption, under and by virtue of <br />any act of the General Assembly of the State of Celorade, er as any exemption under and by virtue of any act of the United States <br />Congress, now existing ar 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 pessession of the PUBLIC TRUSTEE, its successors <br />and assigns, against all and every person or persons lawfully claiming or to. claim thewhole or any part thereaf, by, through or under the <br />GRANTOR, the GRANTOR shall an!1.will Warrant and Forever Defen~.", .',,' <br />Until payment-in full:,af the indebtedness, the GRANTOR shall timely pay all taxes ar.ld assessments levied anthe,Preperty;!any <br />and all amounts due an acceunt af principal and interest or ether sums-on any senior encumbrances, if any; and will keep,the Praperty <br />insured in accordance with the requirements ef the Contra~t. Sheuld .the GRANTOR fail ,to. insure the Preperty inaccerda,nce with the <br />Contract.er't6 pay t;lxes or ass~ssmEmts as th,e same fall due, er to pay any am,ounts payable upen senier encumbrances, if any, the <br />beneficiarY may make any such payments erprocure any such insurance, and all monies so paid with interest thereen at the rate.af ten <br />percent (10%) per annum shall be added toand become a part efthe indebtedness secured by this Deed ofTrust and may be paid eut of <br />the proceeds otthes.ale of the Propehy if not paid by the GRANTOR. In addition, and at its apti<?n, the beneficiary may de<;lare the <br />indebtedness sei;lire~hereby and this Deed ef Trust to be in default for failure to. procure insurance er make l;Iny further payments <br />required by this,p~ragraph,. -4\-" ' ' . " ' <br />And that in case of any default. whereby the right ef foreclesure occurs hereunder, the PUBLIC TRUSTEE, the <br />State as holder of the note, ,er the holder ef a certificate of purchase, shall at once beceme entitled to the possession, ,use and enjoyment <br />of the Property aforesaid, and to. the rents, issues and profits ,thereef, from the accruing of such right and during .the pendency ef <br />foreclesure praceedings and the peri()d ef red~mptian, if any there be, and such passessien shall at once be delivered to the PUBLIC <br />TRUSTEE, the State as helder af the natE!, or th,e halder of said certificate ef purchase on request and en refusal, the delivery of the Property <br />may be enfqrced by, the PUBLIC TRUSTEE" the State as holder ef the ,note, ar the helder of said certificate,ef purchase: by an appropriate Civil <br />suit erproceeding, and the BUBLlC TRU~TEE, or the holder of said ,nete ar certificate af purchase, ar any,.thereof, shall be' entitled to. a <br />Receiver .for said. Property" and af ,the rents, issues and prafits' thereof, after'such default, including : the time covered'by' fareclosure <br />praceedings and the period of redemption, if,'ariy th'ere be, and shall be entitled thereto. as a matter: af right without regard to the salvency <br />or insolvencyofthe GRANTOR or af.thE;l'thenowherafsaid PropertY, and without regard:;to the value thereof, aridtsuch'.Receiver may be <br />appointed by any court of competent jurisdiction upan ex parte application and withaut notice - netice being hereby expressly waived -and <br />all rents, is~ues and pro~ts"income and r~v,enue ther~from shall be, applied, by such Heceiver, to. the,payment of,tfle inde,~tedness hereby <br />secured, accor.~ing to t!:ielaw and ~he arders and directions of the court. " ' ,:' '" ',' .' :!,' . <br />And, ,thatin case of default, in ar.lY af said payments of principal or interest, according to ,the tenor and effectof said promissary <br />nate ar any part thereof, ar of a breach ar vialatian of any of the 'covenants or agreements contained:herein and in the Contract, by the <br />GRANTOR, itspersanal representatives, orassigris, then and in that case the whole af said principal sum hereby secured; and ,the' interest <br />therean to. the time of the sale, may atance,at the optionaf the legal holder thereof; become due and payable; and the' said, Praperty,be <br />said 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 attamey's fee in a reasonable amaunt far services in the supervisian of said foreclosure proceedings shall be allawed by the PUBLIC <br />TRUSTEE asa part af the cast af fareclasure, and if foreclosure be made thraugh the courts a reasanable attamey's fee shall be taxed by <br />the ceurt as a part of the costaf suchJareclosure proceedings. ", <br />It is further. understood and, agreed, that ifarelease or a partial release of this Deed ofTru~t isrequired,the <br />GRANTOR, its successars ar 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 upcnthe heirsoi' assigns'af the respective parties hereto.; and that the singular'number shall <br />include the plural, the plural the singular, and the use of any'gendershall be applicable to. all genders. " <br />~xec;:ut?d ~he. day, and date first written abave. <br /> <br /> <br />,~~~~~~:t:;:~, . <br />i' 1~;:;"',"'';d4#:'r /':'(s~6> <br />~~~~~~~;:i!/:'J:: ~'.~' <br />'''S;W'::'bor.lliI(f~F':!\Hi~ ' <br />','o"".('rJ,:,......."~\ ~'> . <br />Stat~'~i'c6Io1aao~,:" '" , ' <br />cau~tY.~~t~l'rr~];iJ~tif;~nwe,C~ ' ) SS <br />~"<'~'~-::~ .-'~\~I.,<:~.~(l}1:~~>.;-.:. ' . ~ <br />,Jhe;!br' ',) rg~jHMnfrfli:mt was acknowledged before me this / ~ day of <br />.-".l",:;'....~ ",..(~r~;.i.;;:""~:"'-',-;,', . - ' . <br />'.'~r,~,~n'Jt .~ ,,~Q,~~.~~mx~hand and official seal. <br /> <br />~~:~$~1~:t~;tr I o/~ ~/99 <br /> <br /> <br /> <br />':;:i;"'lN,I"ii';'": <br /> <br /> <br />-L <br /> <br /> <br />By <br /> <br />ecretary <br /> <br />By written requ,estthis note and <br />Deed of Trust is released '. <br /> <br />on J!p/~fL ~&- .. <br />Alta ae Bmwn,Public Trustee <br />Bent County, Colorado <br /> <br /> <br />1997, by William J. <br />