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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 defau It 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 maimer 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'l..L.:J. ' <br />a.'!:gen~s.?/ . . <br />_ '..... . ' "'" /(1 The Pine River-Bayfield Ditch Company, a Colorado <br />. ". ~ nonprofit corporation <br />, : rf y', ~Jj;..." ~ (") <br />: ;') t:{l,URRqf{ATE <br />~ .... .. s~~) <br /> <br />" <br /> <br />By <br /> <br /> <br />ATTEf2I.' . 7 of). ~ <br />By .-ZJ,~ <br />. . ~ n" - Corporate Secretary <br /> <br />County of J 0. 11 a.~ <br /> <br />) <br />) SS <br />State of Colorado ) ~ <br />The foregoing instrument was acknowledged before me this:i.- day of Q:to~ 2003, by Ken <br />Beck and f()i).\ t-\tift'\$"i'\ as President and Corporate Secretary, respectively, of The Pine River-Bayfield <br />Ditch Company. Witness my hand and offlciar-seal.: <br /> <br />, ~'. "; -. . ,. <br /> <br />~ <br /> <br />Notary Public <br /> <br />My commission exPiresl2l1 Lo I Dlr? <br /> <br />Page 2 of 2 <br /> <br />~\\\\\I11111IJIII. <br />~,'\\ ?-~Cy AGIi; //~ <br />j~ O%. <br />~ NOTARY ~ Nancy Agro <br />~ PUBlIC: Notary Public <br />~ ~ State of Colorado <br />~,/. 'b(Ofi,P<OJ.".f <br />. ~JJI"III\1"\\\~ My Commission Expires May 16. 2006 <br />