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<br />,-;..... <br /> <br />In addition, and at its option, the beneficiary may declare the indebtedness secured hereby ~n(l \I)i$ !Deed of Trust to be in default for failure <br />to procure insurance or make any further payments required by this paragraph,' -", . , <br /> <br />AND THAT IN CASE OF ANY DEFAULT, whereby the right of foreclosure occurs hereunder, the PUBLIC TRUSTEE or the holder of <br />said note or certificate of purchase, shall at once become entitled to the possession, use and enjoyment of the property aforesaid, and to <br />the rents, issues and profits thereof, from the accruing of such right and during th" pendency of foreclosure proceedings and the period of <br />redemption, if any there be: and such possession shall at once be deliv.ered to the PUBLIC TRUSTEE or the holder of said note or certificate <br />_ of purchase on request ,and on refusal, the delivery of such possession may be enforced ~y _the 't'UBlIC TRUSTEE or the holder of said note <br />or certifiCate of purchase by an appropriate civil suit or proceeding, and the PUBLIC TRUSTEE, or the holder of said note or certificate of <br />purchase, oranythereof; shall be entitled.to a Receiver for said property, and of the rents, issues and profits thereof, after such default, <br />including the time covered by foreclosure proceedings and the period of redemption, if any there be, and shall be entitled thereto as a matter <br />of right without regard to the solvency or insolvency of the GRANTOR or of the then owner of said property and without regard to the value <br />therepf, and such Receiver may be appointed by any court of competent-jurl::dicticn upon ex parte application and without notice - notice <br />being hereby expressly waived - 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 court. <br /> <br />. AND, thatin case of default in any of said payments or principal or interest, according to the tenor and effect of said promissory <br />note aforesaid, or any of them, or any part thereof, or of a breach or violation of any of the covenants or agreements herein, by the GRANTOR, <br />its personal representatives or assigns, then and in that case the whole of said principal sum hereby secured, and the interest thereon to <br />the time of the sale, may at once, at the option of the legal holder thereof, become due and payable, and the said property be sold in the <br />manner and with the same effect as 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 allowed by the PUBLIC TRUSTEE as a part <br />of the cost of foreclosure, and if foreclosure be made through the courts a reasonable attorney's fee shall be taxer! hy the court ;)!I; a ~"rt <br />u.lh<: ;;ust vi l:iuch iureciosure proceedings. <br /> <br />IT IS FURTHER UNDERSTOOD AND AGREED, that if a release of this Deed of Trust is required, the GRANTOR will pay the expense <br />thereof; that all the covenants and agreements herein contained shall extend to and be binding upon the heirs, personal representatives, <br />successors and assigns of the respective parties hereto; and that the singular number shall include the plural, the plural the singular, and <br />the use of any gender shall be applicable to all genders. <br /> <br />Executed this ~ day of --Z1. ()-u~ <br /> <br />ATTEST: <br /> <br />(SEAL) <br /> <br />.19"Y) ~ <br />\(~-AJ ~ (J.) ~ ' .J. j)J:;..J..; <br />dtfl;AA"';4' (;?78.f:) &. <br />~ . <br /> <br />Stete Of Colcrado 1 <br />County of X (!v (jJJL,~ } s S <br /> <br />TheAoregoing instrument was acknowledged before me this --L day of '7) ~ <br /> <br />;~~,(i2~~ ~.~a~)G~. C2~ ~ tJ~C(~~~I' <br /> <br />, ........, <br /> <br />,1994, by _ <br /> <br />IUH L CANDEtNM <br />My comm'ssl~8~ <br />.' stat. of Colorado <br />.~~....__..t ~p"'A. "...", ~C>r?? <br /> <br />Notary Public <br /> <br />~ my h.nd .nd ...1. <br /> <br />.(' ~-' <br /> <br /> <br />No. <br /> <br />'{ <br />-. <br /> <br />DEED OF TRUST FROM <br />TO THE PUBLIC TRUSTEE <br />For The Use Of <br /> <br />~>j. <br /> <br />tate of Colorado <br /> <br />} SS <br /> <br />County of <br /> <br />I hereby certify that this instrument was filed for record in my office at o'clock ,M., <br />19_, and is duly recorded in book ,page Film No. _ Reception No.-=-. <br /> <br />Clerk and Recorder <br /> <br />Fees, $ <br /> <br />Deputy <br />