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<br />4,~ <br />~ <br /> <br />foreclosure proceedings and the period of redemption, if any there be, and shall be entitled thereto as a <br />matter of right without regard to the solvency or insolvency of the GRANTOR or of the then owner of said <br />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 <br />- and all rents, issues and profits, 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 <br />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 or <br />agreements contained herein and in the Contract, by the GRANTOR, its personal representatives or assigns, <br />then and in that case the whole of said principal sum hereby secured, and the interest thereon to the time <br />of 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 if <br />foreclosure be made by the PUBLIC TRUSTEE, an attorney's fee in a reasonable amount for services in the <br />supervision of said foreclosure proceedings shall be allowed by the PUBLIC TRUSTEE as a part of the cost of <br />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 or a partial release of this Deed of Trust is <br />required, the GRANTOR, its successors or assigns will pay the expense thereof; that all the covenants and <br />agreements contained herein and in the Contract shall extend to and be binding upon the heirs or assigns <br />of the respective parties hereto; and that the singular number shall include the plural, the plural the <br />singular, and the use of any gender shall be applicable to all genders. <br /> <br />Executed the day and date first written above. <br />!.' -;:," i,} <br />Consolidated Home Supply Ditch and Reservoir <br />Company, a Colorado nonprofit corporation <br />(/ J <br /> <br />J:- <br /> <br />'~(sEAt1 <br /> <br />i <br /> <br /> <br />By <br /> <br /> <br />1~ <br />ATTEST,.j ,', <br /> <br />State of Colorado <br /> <br />) <br />L " ) <br />County of a,n fVl ey- ) <br />· ib <br />The foregoing instrument was acknowledged before me this ~ day of Y11 Clrd'L. 2002, <br />by Kenneth M. Markham as President and Delbert Helzer as Secretary of the Consolidated Home Supply <br />Ditch and Reservoir Company. Witness my hand and official seal. <br /> <br />SS <br /> <br />My commission expires: <br /> <br />I if I'J-:f, /0'2- <br />I { <br /> <br />