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I Iillll IIIII IIIIII IIII ��rill NIII if IIII III IIIII IIII IIII <br />2 of12 R3104000D300001DeliasCty39COnClerk1&SRec <br />same in the manner and form as aforesaid. The G�vTOR fully waives and releases all rights and clairns <br />it may have in or to said Co�t�TE� as a Homestead Exemption or other exemption, now or hereafter <br />provided by law. The G�rvTOR further covenants that .the collateral is free and Gear of all liens and <br />encumbrances whatever and that the Gftarv'roR shall warrant and forever defend the Co�u���. in the <br />quiet and peaceable possession of the PuB��C TRUSTEE, its successors and assigns, against all and every <br />person or persons lawfully claiming or fo claim the whole or any part thereof. <br />Until payment in full of the indebtedness, the GRatvTOR shall timely pay all taxes and assessments <br />levied on the Co��arERa�; 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 Co�wTEw�� insured in accordance with the <br />requirements of the Loaiv CorvTRaCT. In the event of the sale or transfer of the Co���t�, the <br />BENEFICfARY, at its option, may declare the entire balance of the note immediately due and payable. <br />In case of default in any of said payments of the principal or interest, according to the ierms of <br />said Promissory Note or LoAN CoNTw4cT, by the G�tvTOR, its successors or assigns, then said prinapal <br />sum hereby secured, and interest thereon, may at once, at th@ OptlOn Of the BENEFICIARY, beoome due <br />and payable, and the said Co��aTE�� be soid in the manner and with the same effect as if said <br />indebtedness had matured, and fhat if foreclosure be made by the PuB��c TRUSTEE, an attomey's fee in a <br />reasonable amount for services in the supervision of said foreclosure proceedings shall be allowed by the <br />PuBUC TRUSTEE as a part of the cost of foreclosure, and if foreclosure be made through the courts a <br />reasonable attorney's fee shall be_ taxed by the court as a part of the cost of such forecfosure <br />proceedings. <br />It is further understood and agreed, thai if a release or a partial release of this Deed of Trust is <br />required, the G�NTOR, 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 CoNT�cT shall extend to and be <br />binding upon the successors or assigns of the respective parties hereto; and that the singular number <br />shall include fhe plural, the plural the singular, and the use of any gender shall be applicable to all <br />gender������3►j �t� o�jr._ <br />�,,�� ; � �, e., t� � <>, <br />� f, <br />_ 1�°j0� F .+" °`�r'Y' ..�,y > . <br />: �+, � ,t �'� �y�/ . <br />,� c� ; � �� 6, <br />�� � , `���- 't � , <br />���) : �� � �` `_ <br />�- = <br />�� ` �A �,�: �i � <br />�� , . � <br />,� �tc-� <br />� " <br />�C�E�T ���1 � t' ��`°° ` <br />F � <br />` � , ' ♦ <br />_' ' "-�`t �:F �i.. <br />BY P� 3�Y ` f� s.�++-..- _ <br />fl�.� e! . ._�L <br />Corporate Secretary <br />County of � �=�x� " <br />State of Colorado <br />Surface Creek Ditch & Reservoir Company, a <br />Colorado nonprofit corporation <br />By ����. �.J���f- -�-�_- -�,. <br />Ellis B. Fritchman, President <br />The foregoing instrument was acknowledged b� <br />B. Fritchman and Chuck Richards as President <br />Creek Ditch & Reservoir Company. Witness m� <br />�`� A�•��VG'�+� <br />J; .••••.. ..,,., ,9 : <br />�� NQTARy :,�iji <br />�.r : <br />. <br />�:pVAL�G:� <br />i <br />day of 2u 2043, by Ellis <br />;retary, respectivel , of the Surface <br />official seal. <br />Notary Public <br />My commission expires 6/O6/2005 <br />Page 2 of 2 <br />