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<br />COLLATERAL in the quiet and peaceable possession of the PUBLIC TRUSTEE, its successors and assigns, <br />against all and every person or persons lawfully claiming or to claim the 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 due <br />and payable. <br />In case of default in any of said payments of the principal or interest, according to the terms of <br />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 as <br />if said indebtedness had matured, and that if foreclosure be made by the PUBLIC TRUSTEE, an attorney's <br />fee in a reasonable amount for services in the supervision of said foreclosure proceedings shall be <br />allowed by the PUBLIC TRUSTEE as a part of the cost of foreclosure, and if foreclosure be made through <br />the courts a reasonable attorney's fee shall be taxed by the court. as a part of the cost of such <br />foreclosure proceedings. <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 <br />and agreements contained herein and in the Promissory Note and LOAN CONTRACT shall extend to and <br />be binding upon the successors or assigns of the respective parties hereto; and that the singular <br />number shall include the plural, the plural the singular, and the use of any gender shall be applicable to <br />It'~J. . <br />atrnen\Jt::1 s . <br />..,:DO '. '()" <br />. ..... ,_ ..../~ The Pine River-Bayfield Ditch Company, a Colorado <br />. ... ~ nonprofit corporation <br />, . c' or n <br />~ ~ acORRc?FlATE <br />~ '.. .. sl;~j <br /> <br />By <br /> <br /> <br />ATTEW oj). , <br /> <br />By .-ZJ.~ <br />. c --. - Corporate Secretary <br /> <br />County of ~ a..-to..- ) <br />) SS <br />State of Colorado ) ntl.... <br />The foregoing instrument was acknowledged before me this ~ day of Qfo~ 2003, by Ken <br />Beck and -Pw.\ MCf'flS\}l"\ as President and Corporate Secretary, respectively, of The Pine River-Bayfield <br />Ditch Company. Witness my hand and offlciarseal: <br /> <br />~ <br /> <br />Notary Public <br /> <br />My commission exPires-.2l1lo t aLP <br /> <br />Page 2 of 2 <br /> <br />~\\\\\"1l""'111. <br />~'\f. ?-~Cy AQ~ :11'",..-: <br />~@O~ <br />~ NOTARY % NanCy Agro <br />~ PUIllIC;: Notary Public <br />~ ~ SUMm~ <br />~~;~0f{Jt.c:P.~,~ <br />~111"""\1\\\'~ My Commission Expires May 16. 2006 <br />