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<br />"~---l n <br /> <br />l\x ' <br /> <br /> <br />? any thereof, shall be entitled to a Receiver for said Property, and of the rents, issues and profits thereof, <br />after such default, including the time covered by foreclosure proceedings and the period of redemption, <br />if any there be, and shall be entitled thereto as a matter of right without regard to the solvency or <br />insolvency of the GRANTOR or of the then owner of said Property and without regard to the value thereof, <br />and such Receiver may be appointed by any court of competent jurisdiction upon ex parte application <br />and without notice - notice being hereby expressly waived - and all rents, issues and profits, income and <br />revenue therefrom shall be applied by such Receiver to the payment of the indebtedness hereby <br />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 <br />and effect of said promissory note or any part thereof, or of a breach or violation of any of the covenants <br />or agreements contained herein and in the Contract, by the GRANTOR, its successors or assigns, then <br />and in that case the whole of said principal sum hereby secured, and the interest thereon to the time of <br />the sale, may at once, at the option of the legal holder thereof, become due and payable, and the said <br />Property be sold in the manner and with the same effect as if said indebtedness had matured, and that <br />if foreclosure be made by the PUBLIC TRUSTEE, an attorney's fee in a reasonable amount for services in <br />the supervision of said foreclosure proceedings shall be allowed by the PUBLIC TRUSTEE as a part of the <br />cost of foreclosure, and if foreclosure be made through the courts a reasonable attorney's fee shall be <br />taxed by the court as a part of the cost of such foreclosure proceedings. <br /> <br />It is further understood and agreed, that if a release or a partial release of this Deed of Trust <br />is required, the GRANTOR, its successors or assigns will pay the expense thereof; that all the covenants <br />and agreements contained herein and in the Contract shall extend to and be binding upon the <br />successors or assigns of the respective parties hereto; and that the singular number shall include the <br />plural, the plural the singular, and the use of any gender shall be applicable to all genders. <br /> <br />7'~(*~~~';,~ay and date first written above. <br /> <br />.. )~'Ih <br />~ ,/,., <br />.\~':~~.\ The North Poudre Irrigation Company, <br />'. ~~~.r.; a Color on~po '. cor tion <br />:~f,; <br />!~J; B <br />.~f' ~ <br />'!f!:.,; ary Simpson, Pr <br /> <br /> <br /> <br />By <br />haron Seawort ,Corporate Secretary <br /> <br />State of Colorado ) <br />) SS <br />County of t-.. ~/;"111Z Je...., ) <br /> <br />The foregoing instrument was acknowledged before me this~ day of (f)~ --1-0 j~2001, <br />by Gary Simpson and Sharon Seaworth as President and Secretary, respectively, of The North Poudre <br />Irrigation Company. Witness my hand and official se.l.~ <br />l\\\,\\\,,,1II11 1'1.' III k /I, . f) 1\ <br />,~\,. ~9. . "-.lJlll..d fLw J <br />2) / ~~;. ..?$) \. Notary Public <br />My commission expires: ....J :3 J {)Lf ! :" \'\ 0 T A A Y\ \ <br />, I =. '.. = <br />=. '-ft.!... . = <br />- . - <br />~ . c. e <br />\ to.". PUB L \ :ni <br />\-,A e. .....~~ <br />~~~..""....~~ <br />"""" OF ~~'t:~ <br />11'''''''IIl''''\\\~ <br />