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<br />" <br /> <br />forever defend the COLLATERAL in the quiet and peaceable possession of the PUBLIC TRUSTEE, its <br />successors and assigns, against all and every person or persons lawfully claiming or to claim the <br />whole or any part thereof. <br />Until payment in full of the indebtedness, the GRANTOR shall timely pay all taxes and <br />assessments levied on the COLLATERAL; any and all amounts due on account of the principal and <br />interest or other sums on any senior encumbrances, if any; and will keep the COLLATERAL insured in <br />accordance with the requirements of the LOAN CONTRACT. In the event of the sale or transfer of the <br />COLLATERAL, the BENEFICIARY, at its option, may declare the entire balance of the note immediately <br />due and payable. <br />In case of default in any of said payments of the principal or interest, according to the terms <br />of said Promissory Note or LOAN CONTRACT, by the GRANTOR, its successors or assigns, then said <br />principal sum hereby secured, and interest thereon, may at once, at the option of the BENEFICIARY, <br />become due and payable, and the said COLLATERAL be sold in the manner and with the same effect <br />as if said indebtedness had matured, and that if foreclosure be made by the PUBLIC TRUSTEE, an <br />attorney's fee in a reasonable amount for services in the supervision of said foreclosure <br />proceedings shall be allowed by the PUBLIC TRUSTEE as a part of the cost of foreclosure, and if <br />foreclosure be made through the courts a reasonable attorney's fee shall be taxed by the court as a <br />part of the cost of such foreclosure 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 <br />covenants and agreements contained herein and in the Promissory Note and LOAN CONTRACT shall <br />extend to and be binding upon the successors or assigns of the respective parties hereto; and that <br />the singular number shall include the plural, the plural the singular, and the use of any gender shall <br />be applicable to all genders. <br />Executed the day and date first written above. <br /><'c",,';~~' The Fulton Irrigating Ditch Company, a <br />..~:?~'~:~~' I COIOradt? mutual ditch company nonprofit <br />l ::- f,;':'-FZ~, ;...:;' ',> corpora Ion <br />;H~ f;" /d, ,} I$l~ 'A:~, ) .. ~ <br /> <br />tiC~'::~'~ j iI") <br />. ..~.,~,~, ,; " <br />:,~': ~~........ ...'. 'I.,.,~~ :;./':_ &: ,,~ <br />'''Attsst~-n;n (I' ....." <br /> <br />, ,~ "~ _ ,_ ,"""",,,;{-3\l ~ <br /> <br />By c&?.f.r;Jl..4J. ~ <br />Cecil W. King, Pres' ent <br /> <br />BY~~~ <br />Brice Steele, Corporate Secretary <br /> <br />County of Adams ) <br />) SS <br />State of Colorado ) <br /> <br />The foregoing instrument was acknowledged before me this ~day of <br />Cecil W. King and Brice Steele, as President and Corporate Secretary, respe <br />Irrigating Ditch Company. Witness my hand and official seal. <br /> <br /> <br /> <br />_" commission Expires Feb. 5, 2005 <br /> <br />My commission expires <br /> <br />'-f /- <br />7-;}/ <br /> <br />Return recorded deed oftrustto: CWCB Finance Section, Attn: Janlllian, 1580 Logan <br />Street, Suite 750, Denver CO 80203 (Phone Number 303-866-3462) <br />Page 2 of 2 <br />