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<br />. . ~'"--,-,...~ ~.~ N-""'-"""l' .~~ $;:;,14-' <br />!"t'::"b",C.t::-Y'--'_L,..,,~..-t 1. U.u;.J..,.r'~ ~ .....,..L-U'"7 ..::. <br /> <br />M.~.:L l,<~:~.-\.~ .L.... 1'?l.'~1..:tJ__tt'/.. <br /> <br />F~l.e Da.t:.e 02./1.8/9 _or ~L;~;::,7 PM Pa(~e 3 elf:- 3 <br /> <br />!~I.~~q"ft.A.a'~:,J-iE.~ C:;:''Ju'r;.'t.'y' <:1.61:::;C' d.:f'J.~::i ,R.e'z-o-rdey <br /> <br />And that in case of any default, whereby the right of foreclosure occurs hereunder, the PUBLIC TRUSTEE, the State as <br />holder of the note, or the holder of a certificate of purchase, shall at once become entitled to the possession, use and <br />enjoyment of the Property aforesaid, and to the rents, issues and profits thereof, from the accruing of such right and during the <br />pendency of foreclosure proceedings and the period of redemption, if any there be, and such possession shall at once be <br />delivered to the PUBLIC TRUSTEE, the State as holder of the note, or the holder of said certificate of purchase on request, and <br />on refusal, the delivery of the Property may be enforced by the PUBLIC TRUSTEE, the State as holder of the note, or the holder <br />of said certificate of purchase by an appropriate civil suit or proceeding, and the PUBLIC TRUSTEE, or the holder of said note or <br />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 <br />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 <br />competent jurisdiction upon ex parte application and without notice - notice being hereby expressly waived - and all rents, <br />issues and profits, income and revenue therefrom shall be applied by such Receiver to the payment of the indebtedness <br />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 <br />promissory note or any part thereof, or of a breach or violation of any of the covenants or agreements contained herein and in <br />the Contract, by the GRANTOR, its successors or assigns, then and in that case the whole of said principal sum hereby <br />secured, and the interest thereon to the time of the sale, may at once, at the option of the legal holder thereof, become due <br />and payable, and the said Property be sold in the manner and with the same effect as if said indebtedness had matured, and <br />that if foreclosure be made by the PUBLIC TRUSTEE, an attorney's fee in a reasonable amount for services in the supervision of <br />said foreclosure proceedings shall be allowed by the PUBLIC TRUSTEE as a part of the cost of foreclosure, and if foreclosure be <br />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 />proceedings. <br /> <br />It is further understood and agreed, that if a release or a partial release of this Deed of Trust is required, the GRANTOR, <br />its successors or assigns will pay the expense thereof; that all the covenants and agreements contained herein and in the <br />Contract shall extend to and 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 all genders. <br /> <br />Exe~ted the day and date first written above. <br /> <br />J'.... ~ , '.... ~ <br /> <br />~ <br />,J ,. ~ : <br /> <br />~ ,~ , <br /> <br />" ,a. I <br /> <br />:' ~ -.) <br /> <br />By <br /> <br /> <br />.---\. :. <br /> <br />,.,- ~-" , <br /> <br />./ <br /> <br />('. <br /> <br />--. ('" - , <br />."~- -.,(SEAL)' <br />r (- l'" <br />~. ," ~ - , <br /> <br /> <br /> <br />A~l~e~e~~_L~ <br /> <br />/ <br /> <br />" ... ,- ,~ <br /> <br />CANClEllE[1J <br />CONNIE A i dJJiLLO <br />SAGUACHE COUNTY <br />PUBLIC TRUSTEE <br />DATE ___~..~~~ <br />RECEPlK)N If:_~ <br /> <br />State of Colorado <br />County of ~CL <br /> <br />SS. <br /> <br />. ;,J \', <br />,,'" . ~ <br /> <br />The foregoing instrument was acknowledged before me this --b....- day of r:-P~~ <br />Remy Labrouche, President. Witness my hand and official seal. 6" <br /> <br />____.... l..:, <br /> <br />nlle'1997,by <br />v . /Iv <br />~;....'""-,... ,~". <br />--:/, -(.f f ~ -...~. c.... <br /> <br />'r VI0 ',\ <br /> <br /> <br />",. <.". <br /> <br />.' ,'" <br /> <br />My commission expires <br /> <br />1-:;u,-Q') <br /> <br /> <br />FF " <br />. ".' n.. ff.' <br />l, ,) '" <br /> <br />Colorado Wale; <br />COllservation So,,",) <br />