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"' ~ 414048
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<br />~~~ 12/03/2001 08:50E
<br />ChrisC.Munoz PuebloCtYClk&Reo RM TD R 15.00 D 0.00
<br />And that in case of any derau~i, wnereqy tne rignt or rorec~osure occurs ~ereunder, the PuB~IC
<br />TRUSTEE, the State as holder of the note, or the holder of a certificate of purchase, shall at once
<br />become entitied to the possession, use and enjoyment of the Property aforesaid, and to the rents,
<br />issues and profits thereof, from the accruing of such right and during the pendency of foreclosure
<br />proceedings and the period of redemption, if any there be, and such possession shall at once be
<br />delivered to the PuBUC TRUSTEE, the State as holder of the note, or the holder of said certificate of
<br />purchase on request and on refusal, the delivery of the Property may be enforced by the PuB~ic
<br />TRUSTEE, the State as holder of the note, or the holder of said certificate of purchase by an
<br />appropriate civil suit or proceeding, and the PuB~ic TRUSTEE, or the holder of said note or certificate
<br />of purchase, or any thereof, shall be entitled to a Receiver for said Property, and of the rents, issues
<br />and profits thereof, after such default, including the time covered by foreclosure proceedings and the
<br />period of redemption, if any there be, and sha11 be entit{ed thereto as a matter of right without regard
<br />to the solvency or insolvency of the Gw~,NTOR or of the then owner of said Property and without
<br />regard to the value thereof, and such Receiver may be appointed by any court of competent
<br />jurisdiction upon ex parte application and without notice - notice being hereby expressly waived - and
<br />~II rents, ISSU@~ ~f1fl pFfflfltg, incor~re ~~d r~e~enue #he~efr~r~ sI~~II be applied by sueh f~eeet~er ~o the
<br />payment of the indebt~dness hereby .secured, accord'rng to the law and the ordecs and directio~s of
<br />the court.
<br />And, that in case of default in any of said payments of principal or interest, according to the
<br />tenor and effect of said promissory note or any part thereof, or of a breach or violation of any of the
<br />covenants or agreements contained herein and in the Contract, by the GRa,NTOR, its personal
<br />representatives or assigns, then and in that case the whole of said principal sum hereby secured, and
<br />the interest thereon to the time of the sale, may at once, at the option of the legal holder thereof,
<br />become due and payable, and the said Property be sold in the manner and with the same effect as if
<br />said indebtedness had matured, and that if foreclosure be made by the PuB~~C TRUSTEE, an
<br />attorney's fee in a reasonable amount for services in the supervision of said foreclosure proceedings
<br />shall be allowed by the PuB~~C TRUSTEE as a part of the cost of foreclosure, and if foreclosure be
<br />made through the courts a reasonable attorney's fee shall be taxed by the court as a part of the cost
<br />of such foreclosure proceedings.
<br />It is further understood and agreed, that if a release or a partial release of this Deed of Trust
<br />is required, the GRaNTOR, its successors or assigns will pay the expense thereof; that all the
<br />covenants and agreements contained herein and in the Contract shall extend to and be binding upon
<br />the heirs or assigns of the respective parties hereto; and that the singular number shall include the
<br />plural, the plural the singular, and the use of any gender shall be applicable to all genders.
<br />Executed the day and date first written above.
<br />GRA~1TOR: C:Ft. ~vans
<br />c.~ ~
<br />State of Colorado )
<br />) ss.
<br />County of Pueblo )
<br />~aY~rn ~
<br />The foregoing instrument was acknowledged before me this ~~ day of A~e~fi 2001, by C.R.
<br />Evans. Witness my hand and official seal. .••'""'~.,
<br />~ ~~,~5~ A ~ Gq~F,~
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<br />My commission expires: ~0
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