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- ------ --- <br />823253 12/17/2004 10:48A 81198 P6�5 F. .f8�i�1�ON <br />2 of 2 R 11.00 D 0.00 Morgan Counly, CO <br />provided by law. The Gt�NTOR further covenants that the collateral is free and clear of all liens and <br />encumbrances whatever and that the Gt�rvTOR shall warrant and forever defend the CouATEw�� in the <br />quiet and peaeeable possession of the PuBUC TRUSTEE, its successors and assigns, against all and <br />every person or persons lawfully claiming or to claim the whole or any part thereof. <br />Until payment in full of the indebtedness, the GRarvTOR shall timely pay all taxes and <br />assessments levied on the COLLATERAL any and all amounts due on account of the principal and <br />interest or other sums on any senior encumbrances, if any; and will keep the Co��aTE�a� insured in <br />accordance with the requirements of the Loarv CoNTRacT: In the event of the sale or transfer of the <br />COLLATERAL, the BENEFICIARY, at its option may declare the entire balance of the note immediately due <br />and payable. <br />In case of default in any of said payments of the principal or interest, according to the terms of <br />said Promissory Note or Lo,4►v CorvT�cT, by the G�tvTOR, its successors or assigns, then said principal <br />sum hereby secured, and interest thereon, may at once at the Op�lOtl Of thE BENEFICIARY become due <br />and payable, and the said Co��aTERat. be sold in the manner and with the same effect as if said <br />indebtedness had matured, amd that if foreclosure be made by the Pus��c TRUSTEE, an attomey's fee in <br />a reasonable amount for services in the supervision of said foreclosure proceedings shall be allowed by <br />the Pusuc TRUSTEE as a part of the cost of foreclosure, and if foreclosure be made through the courts a <br />reasonable attorney's fee shall be taxed by the court as a part of the cost of such foreclosure <br />proceedings. <br />It is further understood and agreed, that if a release or a partial release of this Deed of Trust is <br />required, the G�NTOR, its successors or assigns will pay the expense thereof; fhat all the covenants <br />and agreements contained herein and in the Promissory Note and LoAtv Co►vT�CT shall extend to and <br />be binding upon the successors or assigns of the respective parties hereto; and that the singular number <br />shall include the plural, the plural the singular, and the use of any gender shall be applicable to all <br />genders. <br />Executed the day and date first written above. <br />�. . 3T Cattle <br />� �, <br />: �� (S��).:'� <br />.�._ . ..e,� � <br />. . �.� � <br />�-; �.: � �: � �� �.��•. ,,..,.. - BY <br />_ �'� �. r, z ,,� � � # +� �•. <br />c `P ; � = ( <br />A'fT�ST j�� � <br />, r� .�:�.. ••'���?�/ _� � „_ � . <br />By. <br />Averch, Corporate <br />County of /� / ��2 � ra �J <br />State of Colorado <br />The foregoing instrum�nt was ac <br />Averch and� Rachel Averch as <br />Witness my hand and official sea <br />) <br />) SS <br />) <br />dged before this <br />ent and Coro ate � <br />My commission expires 7i'(,11/I�Qi �� a�04 S f <br />, I ., a Co rado corporation <br />✓in Averch, President <br />��e�E S•��ii,�� <br />o <br />�or�� � <br />v'� p�1B _ �i <br />�� day of 2004, by Kevin <br />�i of�the T Cattle Company, Inc. <br />Public <br />Return recorded deed of trust to: CWCB Finance Section, Attn: Jan Illian, 1580 Logan Street, <br />Suite 750, Denver CO 80203 (Phone Number 303-866-3462) <br />Page 2 of 2 <br />