<br />dl
<br />Ot
<br />td
<br />PI
<br />lol
<br />:z: dl
<br />PI'\:!
<br />:.J
<br />00
<br />00
<br />.. Ql
<br />Mil';
<br />o
<br />'d
<br />.. ~
<br />lOll!
<br />~~
<br />01 \.l
<br />r-llll
<br />.....,.,
<br />OIU
<br />
<br />be lawful for the PUBLIC TRUSTEE to sell and dispose of the same (en masse or in separate parcels, as the said PUBLIC TRUSTEE may think bestl,
<br />and all the right, title and interest of the GRANTOR, its successors or assigns therein, at public auction at such time and at such location as shall
<br />be designated in the PUBLIC TRUSTEE'S Notice of Sale, for the highest and best price the same will bring in cash, four weeks public notice having
<br />been previously given of the time and place of such sale, advertisement once each week for five consecutive weeks, in some newspaper of
<br />general circulation at that time published in said County of Saguache, a copy of which notice shall be mailed within ten days from the date of
<br />the first publication thereof to the GRANTOR at the address herein given and to such person or persons appearing to have acquired a subsequent
<br />record interest in said Property at the address given in the recorded instrument; where only the county and state is given as the address then
<br />such notice shall be mailed to the county seat, and to make and give to the purchaser of the Property at such sale, a certificate in writing
<br />describing the Property purchased, and the sum paid therefor, and the time when the purchaser (or other person entitled theretol shall be entitled
<br />to the deed therefor, unless the same shall be redeemed as is provided by law; and said PUBLIC TRUSTEE shall, upon demand by the person holding
<br />the said certificate of purchase, when said demand is made, or upon demand by the person entitled to a deed to and for the Property purchased,
<br />at the time such demand is made, the time for redemption having expired, make and execute to such person a deed to the Property purchased,
<br />which said deed shall be in the ordinary form of a conveyance, and shall be signed, acknowledged and delivered by the said PUBLIC TRUSTEE and
<br />shall convey and quitclaim to such person entitled to such deed, the Property purchased as aforesaid and all the right, title, interest, benefit and
<br />equity of redemption of the GRANTOR, its successors and assigns made therein, and shall recite the sum for which the said Property was sold
<br />and shall refer to the power of sale therein contained, and to the sale made by virtue thereof; and in case of an assignment of such certificate
<br />of purchase, or in case of the redemption of the Property, by a subsequent encumbrancer, such assignment or redemption shall also be referred
<br />to in such deed; but the notice of sale need not be set out in such deed and the PUBLIC TRUSTEE shall, out of the proceeds or avails of such
<br />sale, after first paying and retaining all fees, charges and costs of making said sale, pay to the beneficiary hereunder the principal and interest
<br />due on said note according to the tenor and effect thereof, and all moneys advanced by such beneficiary or legal holder of said note for
<br />insurance, taxes and assessments, with interest thereon at ten per cent per annum, rendering the surplus, if any, unto the GRANTOR, its legal
<br />representatives or assigns; which sale and said deed so made shall be a perpetual bar, both in law and equity, against the GRANTOR, its
<br />successors and assigns, and all other persons claiming the Property, or any part thereof, by, from, through or under the GRANTOR, or any of them.
<br />The holder of said note may purchase Property or any part thereof; and it shall not be obligatory upon the purchaser at any such sale to see
<br />to the application of the purchase money.
<br />
<br />i")
<br />
<br />4-l
<br />o
<br />
<br />N
<br />
<br />lll~
<br />Pl..l
<br />td ~
<br />Q ;j
<br />o
<br />QlU
<br />r-I
<br />~ Ql
<br />Ii!.t:
<br />o
<br />III
<br />::l
<br />roo.
<br />lOllS
<br />ro !1) Until payment in full of the indebtedness, the GRANTOR shall timely pay all taxes and assessments levied on the Property; any and all
<br />~ amounts due on account of principal and interest or other sums on any senior encumbrances, if any; and will keep the Property insured in
<br />M . accordance with the requirements of the Contract. Should the GRANTOR fail to insure the Property in accordance with the Contract or to pay
<br />1-1 ~ taxes or assessments as the same fall due, or to pay any amounts payable upon senior encumbrances, if any, the beneficiary may make any
<br />Gl.,.., such payments or procure any such insurance, and all monies so paid with interest thereon at the rate of ten percent (10%) per annum shall
<br />-9. ~ be added to and become a part of the indebtedness secured by this Deed of Trust and may be paid out of the proceeds of. the sale of the
<br />~ p< Property if not paid by the GRANTOR. In addition, and at its option, the beneficiary may declare the indebtedness secured hereby and this Deed
<br />Z . of Trust to be in default for failure to procure insurance or make any further payments required by this paragraph. In the event of the sale or
<br />~ H transfer of the Property, the beneficiary, at its option, may declare the entire balance of the note immediately due and payable.
<br />o
<br />..; dl
<br />l..l ~
<br />Q,GJ
<br />.v,.,
<br />o 1-1
<br />dl III
<br />1l';:Z:
<br />
<br />And the GRANTOR, for itself ilnd its successors or assigns covenants and agrees to and with the PUBLIC TRUSTEE, that at the time of the
<br />unsealing of and delivery of these presents, it is well seized of the Property in fee simple, and has good right, full power and lawful authority
<br />to grant, bargain, sell and convey the same in the manner and form as aforesaid; hereby fully and absolutely waiving and releasing all rights and
<br />claims it may have in or to said Property as a Homestead Exemption, or other exemption, under and by virtue of any act of the General Assembly
<br />of the State of Colorado, or as any exemption under and by virtue of any act of the United States Congress, now existing or which may hereafter
<br />be passed in relation thereto and that the same is free and clear of all liens and encumbrances whatever, and the above bargained Property in
<br />the quiet and peaceable possession of the PUBLIC TRUSTEE, its successors and assigns, against all and every person or persons lawfully claiming
<br />or to claim the whole or any part thereof, the GRANTOR shall and will Warrant and Forever Defend.
<br />
<br />And that in case of any default, whereby the right of foreclosure occurs hereunder, the PUBLIC TRUSTEE, the State as holder of the note,
<br />or the holder of a certificate of purchase, shall at once become entitled to the possession, use and enjoyment of the Property aforesaid, and
<br />to the rents, issues and profits thereof, from the accruing of such right and during the pendency of foreclosure proceedings and the period of
<br />redemption, if any there be, and such possession shall at once be delivered to the PUBLIC TRUSTEE, the State as holder of the note, or the holder
<br />of said certificate of purchase on request, and on refusal, the delivery of the Property may be enforced by the PUBLIC TRUSTEE, the State as
<br />holder of the note, or the holder of said certificate of purchase by an appropriate civil suit or proceeding, and the PUBLIC TRUSTEE, or the holder
<br />of said note or certificate of purchase, or any thereof, shall be entitled to a Receiver for said Property, and of the rents, issues and profits
<br />thereof, after such default, including the time covered by foreclosure proceedings and the period of redemption, if any there be, and shall be
<br />entitled 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 application and
<br />without notice. notice being hereby expressly waived - and all rents, issues and profits, income and revenue therefrom shall be applied by such
<br />Receiver to the payment of the indebtedness hereby secured, according to the law and the orders and directions of the court.
<br />
<br />And, that in case of default in any of said payments of principal or interest, according to the tenor and effect of said promissory note or
<br />any part thereof, or of a breach or violation of any of the covenants or agreements contained herein and in the Contract, by the GRANTOR, its
<br />successors or assigns, then and in that case the whole of said principal sum hereby secured, and the interest thereon to the time of the sale,
<br />may at once, at the option of the legal holder thereof, become due and payable, and the said Property be sold in the manner and with the same
<br />effect as if said indebtedness had matured, and that if foreclosure be made by the PUBLIC TRUSTEE, an attorney's fee in a reasonable amount
<br />for services in the supervision of said foreclosure proceedings shall be allowed by the PUBLIC TRUSTEE as a part of the cost of foreclosure, and
<br />
|