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<br />COLLATERAL in the quiet and peaceable possession of the PUBLIC TRUSTEE, its successors and assigns, <br />~gainst 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 GOLLATERAL;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 ofthe 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 marmer 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' I..JL~ " <br />a.1!:gen~s.?/ ' <br />_ '..... <'.," /("' The Pine River-Bayfield Ditch Company, a Colorado <br />: ," ". ~ nonprofit corporation <br />': rf 'f' CO) <br />: iJ Uc6>RRQF{ATE <br />.. S~) <br /> <br />. <br />.' ... <br />e . <br /> <br />By <br /> <br /> <br />~ <br />~. <br />! <br />1 <br />I <br /> <br />:TTEI2J -1J~ <br /> <br />- - - - Corporate Secretary <br /> <br />County of ~ a.-to- <br /> <br />) <br />) SS <br />State of Colorado ) ~ <br />The foregoing instrument was acknowledged before me this':l- day of Q:h,~ 2003, by Ken <br />Beck and f'w\ ~ti<<~S~1"\ as President and Corporate Secretary, respectively, of The Pine River-Bayfield <br />Ditch Company. Witness my hand and offlciar-seaL' <br /> <br />I." .......,. <br /> <br />~ <br /> <br />Notary Public <br /> <br />My commission exPires.l21J lo t D0? <br /> <br />Page 2 of 2 <br /> <br />\\\\\\"111/11/111 <br />~v. ?,-~Cy AO-9/''.z <br />~SO~ <br />~ NOTARY % NanCy Agro <br />~ PUBLIC ~ Notary Public <br />% I State of Colorado . <br />~//~o~p..~",~ M . . <br />11111/111"\\\~ Y CommISSIOn expIres May 16. 2006 <br />