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<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
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<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�
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<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
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