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<br />312318& 111'10310" 0200D3.0 ::l:J'~~..~~~;;f ;~~r <br />2of2R. . <br /> <br />claims it may have in or to said COLLATERAL as a Homestead Exemption or other exemption, now or <br />hereafter provided by law. The GRANTOR further covenants that the collateral is free and clear of all <br />liens and encumbrances whatever and that the GRANTOR shall warrant and forever defend the. <br />COLLATERAL in the quiet and peaceable possession of the PUBLIC TRUSTEE, its successors and assigns, <br />against all and every person or persons lawfully claiming or to claim the whole or any part thereof. <br />Until payment in full of the indebtedness, the GRANTOR 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 COLLATERAL insured in <br />accordance with the requirements of the LOAN 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 LOAN CONTRACT, by the GRANTOR, its successors or assigns, then said <br />principal sum hereby secured, and interest thereon, may at once, at the option of the BENEFICIARY, <br />become due and payable, and the said COLLATERAL be sold in the manner and with the same effect as <br />if said indebtedness had matured, and that if foreclosure be made by the PUBLIC TRUSTEE, an attorney's <br />fee in a reasonable amount for services in the supervision of said foreclosure proceedings shall be <br />allowed by the PUBLIC TRUSTEE as a part of the cost of foreclosure, and if foreclosure be made through <br />the courts a reasonable attorney's fee shall be taxed by the court as a part of the cost of such <br />foreclosure 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 GRANTOR, its successors or assigns will pay the expense thereof; that all the covenants <br />and agreements contained herein and in the Promissory Note and LOAN CONTRACT shall extend to al'Jd <br />be binding upon the successors or assigns of the respective parties hereto; and that the singular <br />number shall include the plural, the plural the singular, and.the use of any gender shall be applicable to <br />all genders. <br /> <br />The Ogilvy Irrigating and Land Company, a Colorado <br />nonprofit corporation <br /> <br />,.~l\\" 11 UHlli"'I/ <br />....";~l..~ ("\~\' V~....J II~" <br />_<~' "v "'.,k~~"~M TE <br />_.~', <~~ ,.' c .~ ^" .. <br />,:i r"..." ') 6 ~L;},:; <br />:!:~ ~~ c...) {jI _...... _' ~ <br />~' : l"- .......r\ _ ' --0 ~ Z. :...; <br />'" ~ 0 .' ~.;. o. Co. :: <br />:.;. l. ?l ~ /.:;:0 : Ei <br />;: ; - ~-~i~~ <br />-:":r ~M)f ,,?'Y.tf ~.i <br />..-;;..... 'J._",,~. 0 .f< -^ .~ <br />'# -! .>. . '_ _ *"'"...i"" " <br />~~JI.1/Vf,.-.."'",''''''.of;-~''' ~~~ ~ <br />P,ll~"-I.~~_!~',.' ., '-': ~r. <br /> <br />By <br /> <br />~L~~'d-' <br />Jack Holman, President <br /> <br /> <br />County of /))a.fd ) <br />) SS <br />State of Colorado ) <br />The foregoing instrument was acknowledged before me this o2/J6 day of ()d;oO.t2-r <br />Holman and Joyce Amundson as President and Corporate Secretary, respectively, <br />Irrigating and Land Company. Witness my hand and official seal. <br /> <br />2003, by Jack <br />of The Ogilvy <br /> <br />~ <br /> <br /> <br />Notary Public <br /> <br />My commission expires <br /> <br />--1 ^) <br />1c>Jr_ <br /> <br />s--: .2cc)(~ <br /> <br />Page 2 of 2 <br />