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<br />may have in or to said COLLATERAL as a Homestead Exemption or other exemption, now or hereafter
<br />provided by law. The GRANTOR further covenants that the collateral is free and clear of all liens and
<br />encumbrances whatever and that the GRANTOR shall warrant and forever defend the COLLATERAL in the
<br />quiet and peaceable possession of the PUBLIC TRUSTEE, its successors and assigns, against all and every
<br />person or persons lawfully claiming or to claim the whole or any part thereof.
<br />
<br />Until payment in full of the indebtedn~ss, the GRANTOR shall timely pay all taxes and assessments
<br />levied on the COLLATERAL; any and all amounts due on account of the principal and interest or other sums
<br />on any senior encumbrances, if any; and will keep the COLLATERAL insured in accordance with the
<br />requirements of the LOAN CONTRACT. In the event of the sale or transfer of the COLLATERAL, the
<br />BENEFICIARY, at its option, may declare the entire balance of the note immediately due and payable.
<br />
<br />In case of default in any of said payments of the principal or interest, according to the terms of said
<br />Promissory Note or LOAN CONTRACT, by the GRANTOR, its successors or assigns, then said principal sum
<br />hereby secured, and interest thereon, may at once, at the option of the BENEFICIARY, become due and
<br />payable, and the said COLLATERAL be sold in the manner and with the same effect as if said indebtedness
<br />had 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 reasonable
<br />attorney's fee shall be 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 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 Promissory Note and LOAN CONTRACT shall extend to and be
<br />binding upon the successors or assigns of the respective parties hereto; and that the singular number shall
<br />include the plural, the plural the singular, and the use of any gender shall be applicable to all genders.
<br />
<br />E:><~cLJted the day and date first written above.
<br />\, \,. ~ N D ! q r The Greeley and Loveland Irrigation Company, a Colorado
<br />(J" ,/' nonprofit corporation.,
<br />
<br />""J' ""), -----~/~ ) izr7 ~
<br />:-' Y "i/ ",..-c / ..-
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<br />~., ~~i;'L. S:~r;~~resi:~'~~-'
<br />
<br />County of
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<br />t.:.1EL.D
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<br />
<br />State of Colorado
<br />
<br />The foregoing instrument was acknowledged before me this 3 ruL., day of O~_ 2005, by David
<br />L. Ber~et'~J3onald F. Brinkman, as President and Secretary-TreasurelrespectivelY, of The Greeley
<br />and~, "h, d~~."',,',n,,, Company. Witness my hand a, nd official seal. ~' ~
<br />,~""w "" ~~ ~ /.
<br />f ).,.~/ t'01'A"':""~\ (~'y..x.rYlt\a / ") , otary Public
<br />
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<br />~C~~;l1i.f\ ,E.Jct.\5,'2CQS
<br />
<br />~ (e:........ . ,....
<br />~ --/t- ).0 _ .......
<br />Re(~tf~i~~, d of trust to: CWCB Finance Section, Attn: Contract Manager, 1580 Logan Street,
<br />Suite ~56~ CO 80203 (Phone Number 303-866-3462)
<br />
<br />Appendix 5 to Loan Contract C150161
<br />Page 2 of 2
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