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<br />F~l.e Da.t:.e 02./1.8/9 _or ~L;~;::,7 PM Pa(~e 3 elf:- 3
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<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
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<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.
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<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.
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<br />CANClEllE[1J
<br />CONNIE A i dJJiLLO
<br />SAGUACHE COUNTY
<br />PUBLIC TRUSTEE
<br />DATE ___~..~~~
<br />RECEPlK)N If:_~
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<br />State of Colorado
<br />County of ~CL
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<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"
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<br />nlle'1997,by
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<br />Colorado Wale;
<br />COllservation So,,",)
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