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<br />e~ <br /> <br />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 <br />redemption, if any there be, and shall be entitled thereto as a matter of right without regard to the <br />solvency or insolvency of the GRANTOR or of the then owner of said Property and without regard to the <br />value thereof, and such Receiver may be appointed by any court of competent jurisdiction upon ex <br />parte application and without notice - notice being hereby expressly waived - and all rents, issues and <br />profits, income and revenue therefrom shall be applied by such Receiver to the payment of the <br />indebtedness hereby secured, according to the law and the orders and directions of the court. <br />And, that in case of default in any of said payments of principal or interest, according to the <br />tenor and effect of said promissory note or any part thereof, or of a breach or violation of any of the <br />covenants or agreements contained herein and in the Contract, by the GRANTOR, its successors or <br />assigns, then and in that case the whole of said principal sum hereby secured, and the interest thereon <br />to the time of the sale, may at once, at the option of the legal holder thereof, become due and payable, <br />and the said Property be sold in the manner and with the same effect as if said indebtedness had <br />matured, and that if foreclosure be made by the PUBLIC TRUSTEE, an attorney's fee in a reasonable <br />amount 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 <br />reasonable attorney's fee shall be taxed by the court as a part of the cost of such foreclosure <br />proceedings. <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 />':_,,!,~'''''~ <br />FI!.Ir;~~~:pJ~Fl!,t~e.Singular, and the use of any gender shaH be applicable to all genders. <br />. ". "" ,- ~ay and date first written above. <br /> <br /> <br /> <br />\ <br /> <br />By <br /> <br />Sharon Seaworth, Corporate Secretary <br /> <br />State of Colorado ) <br />- ) SS <br />Countyof !-dLlerA~~ ) <br /> <br />The foregoing instrument was acknowledged before me this (ffil- day of (f}t!.-U <br />2001, by Gary Simpson and Sharon Seaworth as President and Secretary, respectively, of The <br />North Poudre Irrigation Company. Witness my hand and offic' I sefll. <br />~,,\,"\IUII'" <br />~\\\~ C H <br />~_""'S ... . <br />~J-:l i I A I I I~~;'" ... <br />MYCOmmiSsionexPires:~ /~OTAAY\ = <br />=. ...... . = <br />\ (~.. PUB L \ C ....n! <br />~~~. .~.::: <br />'\~?i.'. ..~..I <br />~ ....... ~... <br />~"" OF ~ ~~~ <br />~/,',II'"'III1\'''''\\~ <br /> <br />