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<br />and this Deed of Trust to be in default for failure to procure insurance or make any further payments required by this ~aragraph.
<br />
<br />AND THAT IN CASE OF ANY DEFAUlT, whereby the right of foreclosure occurs hereunder, the PuBLIC TRUSTEE, the State as lender
<br />under the Contract, or the holder of a certificate of purchase, shall at once become entitled to the use and enjoyment of the Property
<br />aforesaid, and to the rents, issues and profits thereof, from the accruing of such right and during the pendency of foreclosure proceedings
<br />and the period of redemption and shall be liable for all assessments and charges levied against the Property, if any there be: and such use
<br />and enjoyment shall at once be delivered to the PuBLIC TRUSTEE, the State as lender under the Contract, or the holder of said certificate of
<br />purchase on request and on refusal, the delivery of the Property may be enforced by the PuBLIC TRUSTEE, the State as lender under the
<br />Contract, or the holder of said certificate of purchase by an appropriate civil suit or proceeding, and the PuBLIC TRUSTEE, the State as lender
<br />under the Contract, or the holder of said certificate of purchase, or any thereof, shall be entitled to a Receiver for said Property, and of the
<br />rents, issues and profits thereof, after such default, including the time covered by foreclosure proceedings and the period of redemption,
<br />if any there be, and shall be entitled thereto as a matter of right without regard to the solvency or insolvency of the GRANTOR or of the then
<br />owner of said Property and without regard to the value thereof, and such Receiver may be appointed by any court of competent juriSdiction
<br />upon ex parte application and without notice - notice being hereby expressly waived - and all rents, issues and profits, income and revenue
<br />therefrom shall be applied by such Receiver to the payment of the indebtedness hereby secured, according to the law and the orders and
<br />directions of the court. The Receiver shall be responsible for the payment of all assessments and other charges levied against the Property.
<br />
<br />AND, that in case of default in any of said payments of principal or interest, according to the tenor and effect of the Contract,
<br />or any part thereof, or of a breach or violation of any of the covenants or agreements herein, by the GRANTOR, its successors or assigns,
<br />then and in that case the whole of said principal sum hereby secured, and the interest thereon to the time of the sale, may at once, at the
<br />option of the legal holder thereof, become due and payable, and the said Property be sold in the manner and with the same effect as if said
<br />indebtedness had matured, and that if foreclosure be made by the PuBLIC TRUSTEE, an attorney's fee in a reasonable amount for services
<br />in the supervision of said foreclosure proceedings shall be allowed by the PUBLIC TRUSTEE as a part of the cost of foreclosure, and if
<br />foreclosure be made through the courts a reasonable attorney's fee shall be taxed by the court as a part of the cost of such foreclosure
<br />prace9di~ge.
<br />
<br />IT IS FURTHER UNDERSTOOD AND AGREED, that if a release of this Deed of Trust is required, the GRANTOR will pay the expense
<br />thereof; that all the covenants and agreements herein contained shall extend to and be binding upon the successors and assigns of the
<br />respective parties hereto; that the Beneficiary may not assign its interest hereunder to any other party without the consent of the Grantor
<br />nor may the Grantor assign its interest hereunder to any other party without the consent of the Beneficiary, and neither the Grantor nor the
<br />Beneficiary shall unreasonably withhold such consent; and that the singular number shall include the plural, the plural the singular, and the
<br />use of any gender shaH be applicable to all genders.
<br />
<br />E~ day and delst above written.
<br />ATTEST: ' ~ ~
<br />Assistant Secretary
<br />
<br />~~~~Ld
<br />
<br />(SEAL)
<br />
<br />President. Board of Directors
<br />Santa Maria Reservoir Company
<br />
<br />State of Colorado
<br />
<br />} ss
<br />
<br />~LHlL
<br />
<br />, 1996, by
<br />
<br />County of
<br />
<br />The fOregOing, in~, ent was acknOWledged before me this I P1ay of
<br />
<br />~/Jit/\r' ,'11
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<br />My c ""nmihro'nexpires' ': ..,~
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<br />
<br />
<br />Witness my hand and seal.
<br />
<br />Notary
<br />
<br />
<br />No.
<br />
<br />DEED OF TRUST FROM
<br />TO THE PUBLIC TRUSTEE
<br />
<br />For The Use Of
<br />
<br />} SS
<br />County of
<br />
<br />I her~by certify that this instrument was filed for record in my office at o'clock _.M.,
<br />19_, and IS duly recorded in book , pege Film No. _ Reception No. _'
<br />
<br />State of Colorado
<br />
<br />Clerk and Recorder
<br />
<br />Deputy
<br />
<br />Fees, $
<br />
<br />CANCELlED_~ -q.::,DLt _.BY KERRY J.
<br />HiNSDALE coO'N1Y PUBiJc TBUSTEE
<br />
<br />CARL '::, i,I,., e, d for record l\d-, ~ l ~'\~~..
<br />BOO'K, \\~I...... ._.___ Page ~-\<t~
<br />Reception No ~_~':Ul \~'A'" 1\,
<br />Virginia I\. _ Wyley
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