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<br />'} <br /> <br />therein, and shall recite the sum for which the said Property was sold and shall refer to the power of sale <br />therein contained, and to the sale made by virtue thereof; and in case of an assignment of such <br />certificate of purchase, or in case of the redemption of the Property, by a subsequent encumbrancer, <br />such assignment or redemption shall also be referred to in such deed; but the notice of sale need not be <br />set out in such deed and the PUBLIC TRUSTEE shall, out of the proceeds or avails of such sale, after first <br />paying and retaining all fees, charges and costs of making said sale, pay to the beneficiary hereunder <br />the principal and interest due on said note according to the tenor and effect thereof, and all moneys <br />advanced by such beneficiary or legal holder of said note for insurance, taxes and assessments, with <br />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 <br />equity, against the GRANTOR, its successors and assigns, and all other persons claiming the Property, or <br />any part thereof, by, from, through or under the GRANTOR, or any of them. The holder of said note may <br />purchase Property or any part thereof; and it shall not be obligatory upon the purchaser at any such sale <br />to see to the application of the purchase money. <br /> <br />And the GRANTOR, for itself and its successors or assigns covenants and agrees to and with the <br />PUBLIC TRUSTEE, that at the time of the unsealing of and delivery of these presents it is well seized of <br />the Property in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and <br />convey the same in the manner and form as aforesaid; hereby fully and absolutely waiving and <br />releasing all rights and claims it may have in or to said Property as a Homestead Exemption, or other <br />exemption, under and by virtue of any act of the General Assembly of the State of Colorado, or as any <br />exemption under and by virtue of any act of the United States Congress, now existing or which may <br />hereafter be passed in relation thereto and that the same is free and clear of all liens and <br />encumbrances whatever, and the above bargained Property in the quiet and peaceable possession of <br />the PUBLIC TRUSTEE, its successors and assigns, against all and every person or persons lawfully <br />claiming or to claim the whole or any part thereof, the GRANTOR shall and will Warrant and Forever <br />Defend. <br /> <br />Until payment in full of the indebtedness, the GRANTOR shall timely pay all taxes .and <br />assessments levied on the Property; any and all amounts due on account of principal and interest or <br />other sums on any senior encumbrances, if any; and will keep the Property insured in accordance with <br />the requirements of the Contract. Should the GRANTOR fail to insure the Property in accordance with the <br />Contract or to pay taxes or assessments as the same fall due, or to pay any amounts payable upon <br />senior encumbrances, if any, the beneficiary may make any such payments or procure any such <br />insurance, and all monies so paid with interest thereon at the rate of ten percent (10%) per annum shall <br />be added to and become a part of the indebtedness secured by this Deed of Trust and may be paid out <br />of the proceeds of the sale of the Property if not paid by the GRANTOR. In addition, and at its option, the <br />beneficiary may declare the indebtedness secured hereby and this Deed of Trust to be in default for <br />failure to procure insurance or make any further payments required by this paragraph. In the event of <br />the sale or transfer of the Property, the beneficiary, at its option, may declare the entire balance of the <br />note immediately due and payable. <br /> <br />And that in case of any default, whereby the right of foreclosure occurs hereunder, the PUBLIC <br />TRUSTEE, the State as holder of the note, or the holder of a certificate of purchase, shall at once <br />become entitled to the possession, use and enjoyment of the Property aforesaid, and to the rents, <br />issues and profits thereof, from the accruing of such right and during the pendency of foreclosure <br />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 <br />purchase on request and on refusal, the delivery of the Property may be enforced by the PUBLIC <br />TRUSTEE, the State as holder of the note, or the holder of said certificate of purchase by an appropriate <br />civil suit or proceeding, and the PUBLIC TRUSTEE, or the holder of said note or certificate of purchase, or <br />