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<br /> <br /> <br />96099566 ~.) <br /> <br />., .' <br /> <br />AND THAT IN CASE OF ANY DEFAULT, whereby the right of foreclosure occurs hereunder, the PUBLIC TRUSTEE or the holder of <br />said note or certificate of purchase, shall at once become entitled to the possession, use and enjoyment of the property aforesaid, and to <br />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 or the holder of said note or certificate <br />of purchase on request and on refusal, the delivery of such possession may be enforced by the PUBLIC TRUSTEE or the holder of said note <br />or certificate of purchase by an appropriate civil suit or proceeding, and the PUBLIC TRUSTEE, or the holder of said note or certificate of <br />purchase, or any thereof, shall be entitled to a Receiver for said property, and of the rents, issues and profits thereof, after such default, <br />including the time covered by foreclosure proceedings and the period of redemption, if any there be, and shall be entitled thereto as a matter <br />of right without regard to the solvency or insolvency of the GRANTOR or of the then owner of said property and without regard to the value <br />thereof, and such Receiver may be appointed by any court of competent jurisdiction upon ex parte application and without notice - notice <br />being hereby expressly waived _ and all rents, issues and ptofits, income and revenue therefrom shall be applied by such Receiver to the <br />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 or principal or interest, according to the tenor and effect of said promissory <br />note aforesaid, or any of them, or any part thereof, or of a breach or violation of any of the covenants or agreements herein, by the GRANTOR, <br />its personal representatives or assigns, then and in that case the whole of said principal sum hereby secured, and the interest thereon to <br />the time of the sale, may at once, at the option of the legal holder thereof, become due and payable, and the said property be sold in' the <br />manner and with the same effect as if said indebtedness had matured, and that if foreclosure be made by the PUBLIC TRUSTEE, an attorney's <br />fee of the sum of Two Hundred Dollars ($200) for services in the supervision of said foreclosure proceedings shall be allowed by the PUBLIC <br />TRUSTEE as a part of the cost of foreclosure, and if foreclosure be made through the courts a reasonable attorney's fee shall be taxed by <br />the court as a part of the cost of such foreclosure proceedings, <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 heirs, personal representatives, <br />successors and assigns of the respective parties hereto; and that the singular number shall include the plural. the plural the singular, and <br />the use of any gender shall be applicable to all genders. <br /> <br />Executed this ~ day of y)~. <br /> <br />ATTEST: ;<t...utJ A~ (J~. 1-f..nf <br /> <br />, 1994. <br /> <br />(SEAL) <br /> <br />,OWN OF 2J1.HENI <br /> <br />S:j &~~/_ - ~7 <br /> <br />State of Colorado <br />County of E ( f(;f.S 0 <br /> <br />} SS <br /> <br />,1994, by_ <br />my hand and seal. <br /> <br /> <br />My commission expires <br /> <br />+.{o ~q-5 <br /> <br />No. <br /> <br />DEED OF TRUST FROM <br /> <br />TO THE PUBLIC TRUSTEE <br /> <br /> <br />For The Use Of <br /> <br />State of Colorado <br /> <br />} SS <br /> <br />Clerk and Recorder <br /> <br />Deputy <br /> <br />Fees, $ <br />