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<br />1997,1016. 071~21l.99J 03,:;33P\PTB~nt'Co., CO,;: .','
<br />2 of 4 R 21.00 D 0.00 'Pat.ti Nickell
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<br />power and lawful authority to grant, bargain, sell and convey the same in the manner and form as aforesaid; hereby fully and
<br />absolutely waiving and releasing all rights and claims it may have in or to said Property as a Homestead Exemption, or other
<br />exemption, under and by virtue of any act of the General Assembly of the State of Colorado, or as any exemption under and by
<br />virtue of any act of the United States Congress, now existing or which may hereafter be passed in relation thereto and that the
<br />same is free and clear of all liens and encumbrances whatever, and. the above bargained Property in the quiet and peaceable
<br />possession of the PUBLIC TRUSTEE, its successors and assigns, against all and every person or persons lawfully claiming or to
<br />claim the whole or any part thereof, by. through or under the GRANTOR, the GRANTOR shall and will Warrant and Forever Defend.
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<br />Untilpayment in ~II of the indebtedness, the GRANTOR shall timely pay all taxes and assessments levied on the Property;
<br />any and all amounts due on account of principal and interest or other sums on any senior encumbrances, if any;' and will keep the
<br />Property insured in accordance. with the requirements of the Contract. Should the GRANTOR fail to insure the Property in
<br />accordance with the Contract or to pay taxes or assessments as the same fall due, or to pay any amounts payable upon senior
<br />encumbrances, if any, the beneficiary may make any such payments or procure any such insurance, and all monies so paid with
<br />interest thereon at the rate often percent (10%) per annum shall be added to and become a part of the indebtedness secured by
<br />this Deed of Trust and may be paid out of the proceeds of the sale of the Property if not paid by the GRANTOR. In addition, and at
<br />its option, the beneficiary may declare the indebtedness secured hereby and this Deed of Trust to be in default for failure to
<br />procure insurance or make a,ny further payments required by this paragraph.
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<br />And that in ca~e of any default. whereby the right of foreclosure occurs hereunder, the PUBLIC TRUSTEE,
<br />the State as holder of the note, or the holder of a certificate of purchase, shall at once become entitled to the possession, use and
<br />enjoyment of the Property aforesaid, and to the rents, issues and profits thereof, from the accruing of ,such right and during the
<br />pendency of foreclosure proceedings ,and the period of redemption, if any there be, and such, possession shall at once be
<br />delivered to the PUBLIC TRUSTEE, the State as holder of the note, or the holder of said certificate of purchase on request and on
<br />refusal, the delivery of the Property may be enforced by the PUBLIC TRUSTEE, the State as holder of the note, or the holder of said
<br />certificate of p\1rchase by an appropriate civil suit or proceeding, and the PUBLIC T~USTEE, or the holder of said note or certificate of
<br />purchase, or any thereof, shall be entitled to a Receiver for said Property, and of the rents, issues and profits thereof, after,such
<br />default, including the time covered by foreclosure proceedings and the period of redemption, if any, there be, and shall be, entitled
<br />thereto as a matter of right without regard to the solvency or insolvency' of the GRANTOR or of the then owner of said Property and
<br />without regard to the value thereof.' and such Receiver may be appointed by any court of competent jurisdiction upon ex parte
<br />application and/-Nithout riotic~ - notice b~ing hereby expressly Wai~ed - and all rents, issues and profits, income and revenue
<br />therefrom shall' be applied'bysuch Receiver to the payment of the Indebtedness hereby secured, according to the'lciw and the
<br />orders and directions of the court. .
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<br />And, that in case of default in,any of said payments of principal or interest, accordingto the tenor and effect of said
<br />promissory note or any part thereof, or of a breach or violation of ~ny of the covenants or, agreements contained herein and in the
<br />Contract, by the GRANTOR, its personal representatives or assigns, then and in that c#>e the whole of said principal sum hereby
<br />secured, and the interest thereon to the time of the scll~, may at once, at the Option of the legal holder ti:lereof, become due and
<br />payable, and the said Property be sold in the manner and with the same effect as if said indebtedness had matured, and that if
<br />foreclosure be, made by the PUBLIC TRUSTEE, an attorney's fee in a reasonable amount for services in the supervision' of said
<br />foreclosure proceedings shall be allowed by the PUBLIC TRUSTEE as a part of the cost of foreclosure, and if foreclosure be made
<br />through the courts a reasonable attorney's fee shall be taxed by t~ourt asa part of the cost of such foreclosure proceedings,
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<br />It is further understood and agreed, that if a ....elease or a partial release of this Deed of Trust is
<br />required, the GRANTOR, its successors or assigns will pay the expense thereof; that all the covenants and agreements contained
<br />herein and in the Contrayt shall extend to and be binding upon the heirs or assigns of the respective ,parties hereto; and that the
<br />singul~~. ~~~9:r. ,~~~~I ~nclude the plural, the plural the singular, and the use of any gender sha"Cl1 applic ble to all genders,
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<br />,,' ,", \" ~,~~~,~t.t~ ~h~ ~ay and date first written above. '
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<br />" ,.-;. ") '1:1:", ' ".:,Y '~" By
<br />" ,,;',.. J'[.'I '(:~ "~;~"" , William J rasmick, President
<br />~. (t : ~~, 1': . :,:_(S~f:.: . . I ~\,~I~"l/"")"II.,
<br />", ;, :: ' :,' -.;r, ' . I By written request thiS note ana , ","'>,:,~) -.\~,: .:1,--,"'",_
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<br />c:ATTE~T:: .. " L- Deed of Trust is release', ,,} (;<..... ,..... ...\ '--c;
<br />:', ,<" ".;~onatCl,F:.;H'@be ,Corporate . .~_ ;' 3", .... O\l,S'f)" ....'-:~ ~
<br />,,;Y11, .....,\\ 1.:,\ ' on t> 0. rr, ~ .": "''''' '-()' ; ';; ':
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<br />Stat~'bi2o.ibfaa~', Alta Mae Brown, Public Truste~, ~:'i.\~(<Y)Y~"'~'~ j\\..$ ,
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<br />11, ~ A _ ~~ D J .A ss Bent County Colorado ',' {. "., .,::> ".' -..l 0'\ ....~ ~:
<br />County of _~ ", .:. ....':~'.......,..i,>'., /
<br />", '-',? '0 ,,'
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<br />The foregoing instrument was acknowledged before me this 4day of ~ ">~:'~'~~:\I'~:(J9~:'bY
<br />William J, Grasmick. Witness my hand and official seal. ~ .~.A'~'-'::"__ ~ '
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<br />.., / oJ /. Notary PUbl;;r
<br />My commission expires I ~ L/ 9 9
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