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<br />And the GRANTOR, for itself and its successors or assigns covenants and agrees to and with the PUBLIC TRUSTEE, that at <br />the time of the unsealing of and delivery of these presents it is well seized of the Property in fEl'&. simplS:: and, has good right, full <br />power and lawful authority to grant, bargain, sell and convey the same in the manner and form~'aforesaid; hereby fully and <br />absolutely waiving and releasing all rights and claims it may have in or to said Property as a;,tnflri1estead Ex~ption, 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 relatiolJ thereto and that the <br />same is free and clear of all liens and encumbrances whatever other than those already imposed by the State, and the above <br />bargained Property in the quiet and peaceable possession of the PUBLIC TRUSTEE, its successCi>rs and assigns, against all and <br />every person or persons lawfully claiming or to claim the whole or any part thereof, by, through or unde.r the ~RANTOR, the <br />GRANTOR shall and will Warrant and Forever Defend. <br />Until payment in full of the indebtedness, the GRANTOR shall timely pay all taxes and assessments levied on the <br />Property; any and all amounts due on account of principal and interest or other sums on any senior encumbrances, if any; and <br />will keep the Property insured in accordance with the requirements of the Contract. Should the GRANTOR fail to insure the <br />Property in accordance with the Contract or to pay taxes or assessments as the same fall due, or to pay any amounts payable <br />upon senior encumbrances, if any, the beneficiary may make any such payments or procure any such insurance, and all monies <br />so paid with interest thereon at the rate of ten percent (10%) per annum shall be added to and become a part of the indebtedness <br />secured by this Deed of Trust and may be paid out of the proceeds of the sale of the Property if not paid by the GRAA'TOR. In <br />addition, and at its option, the beneficiary may declare the indebtedness secured hereby and this Deed of Trust to be in default <br />for failure to procure insurance or make any further payments required by this paragraph. <br />And that in case of any default. whereby the right of foreclosure occurs hereunder, the PuBLIC <br />TRUSTEE, the State as holder of the note,or the holder of a certificate of purchase, shall at once become entitled to the <br />possession, use and enjoyment of the Property aforesaid, and to the rents, issues and profits thereof, from the accruing of such <br />right and during the pendency of foreclosure proceedings and the period of redemption, if any there be, and such possession <br />shall at once be delivered to the PUBLIC TRUSTEE, the State as holder of the note, or the holder of said certificate of purchaSE;! on <br />request and on refusal, the delivery of the Property may be enforced by the PUBLIC TRUSTEE, the, State as holder of the note, or <br />the holder of said certificate of purchase by an a?;mlpriate civil suit or proceeding, and the PUBLIC TRUSTEE, or the holder of said <br />note or certificate of purchase, or any thereof, sl!a,II~~ntitledto a Receiver for said Property, and of the rents, issues and profits <br />thereof, after such default, including the time c~j-ed~tiy foreclosure proceedings and the period of redemption, if any there be, <br />and shall be entitled thereto as a matter of right1-~ithQ'Jf,regard to the solvency or insolvency of the GRANTOR or of the then owner <br />of said Property and without regard to the vcl;lue thereof, and such Receiver may be appointed by any court of competent <br />jurisdiction upon ex parte application and witho01:"liCti@o- notice being hereby expressly waived - and all rents, issues and profits, <br />income and revenue therefrom shall be applied;6y,suelJ Receiver to the payment of the indebtedness hereby secured, according <br />to the law and the orders and directions of the CqtJ.t';' 0, 'J' <br />And, that in, case ofc:lefault in anyq(~~j~paymentS of' principal or interest, according to the tenor and effect of said <br />promissory note or any part thereof, or of a bre~$(;J ~]m ,,,iolation of any of the covenants or agreements contained herein and in the <br />Contract, by the GRANTOR, its personal repres~ot~\iif,f)S or assigns, then and in that case the whole of said principal sum hereby <br />secured, and the Interest thereon to the timeoft6esaie; may at onCe, at the option of the legal holder thereof, become due and <br />payable, and the said Property be sold in themc1nn:3I' and with the same effect as if said indebtedness had matured, and that if <br />foreclosure be made by the PUBLIC TRUSTEE,:liI-n at:.nrney's fee in a reasonable amount for services in the supervision of said <br />foreclosure proceedings shall be allowed by til~PUElIJC TRUSTEE as a part of th,~ cost of foreclosure, and if foreclosure be made <br />through the courts a reasonable attorney's fee shall be taxed by the court as a part of the cost of such 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 and agreements contained <br />herein and in, the Contract shall extend to and be binding upon the heirs or assigns of the respective parties hereto; and that the <br />singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. <br />,Executed the day and date first written above. <br /> <br />.,.'~~:l~ ~ ;;,' <br /> <br />~,. <br /> <br /> <br />By <br /> <br />OO.l1i <br />00 "ot 1i <br /> <br />, <br /> <br />~ / <br />V') /1 <br /> <br />i~~T: ."'J ~~'c~, /J,(;I-/ z~ (/~~<:_ <br /> <br />;tF~ _ " <br />'., ~ fDol1alo'F.., .igpee, Corporate )i}ecretary <br />"" :""~ ,'~';\~<""-"., <br />StSre--.'Of Color"':' - <br />"{""\4'\ ss <br />Cou:~~,;,.,;".. f/;/J="'~ ) ~ <br /> <br />T""h19"',',foregOi,ngin,stru,, ",ment, ,was acknowledged before me this iL day of 4urf <br /> <br />;a;~j.~~:~:~\~\~\ess ~ hand and official seal. ~ p bliCk<~ ~ (!~ <br />.~~ . " ~Mi1If<l /7',1 ~ <br />e~'~38M~9. >," St1go':\f~ 6091.0000 <br />" t~ ~~ f~, t'J __/..?,;\ <br /> <br />479151 02/12/1888 ~a:~~H UI <br />2 of 2 R 11,00D 0.00 N 0.~0 Prowers County, Co, <br /> <br />1997, by <br /> <br />/~-.... <br />