|
~ 1414047
<br />"IIII Page : 3 of 3
<br />12/03/2001 08:50E
<br />ChrisC.Munoz PuebloCtyClk&Rec RM TD R 15.00 D 0.00
<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~~C
<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~~c TRUSTEE, or the holder of said note or certificate of
<br />purchase, or any thereof, shall be entitled to a Receiver for said Property, and of the rents, issues and
<br />profits thereofi, after such default, including the time covered by foreclosure proceedings and the
<br />period of redemption, if any there be, and shall be entitled thereto as a matter of right without regard
<br />to the solvency or insolvency of the GRa-vTOR or of the then owner of said Property and without regard
<br />to the value thereof, and such Receiver may be appointed by any court of competent jurisdiction upon
<br />ex parte application and without notice - notice being hereby expressly waived - and all rents, issues
<br />and profits, income and revenue therefrom shall be applied by such Receiver to the payment of the
<br />indebtedness hereby secured, according to the law and the orders and directions of 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 Gw4tvTOR, 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~iC TRUSTEE, an attorney's
<br />fee in a reasonable amount for services in the supervision of said foreclosure proceedings shall be
<br />8110Wed by th@ PUBLIC TRUSTEE as a part of the cost of foreclosure, and if foreclosure be made
<br />through 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 fiurther understood and agreed, that if a release or a partial release of this Deed of Trust
<br />is required, the G~NTOR, 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 />(SEAL)
<br />G~NTOR: The Excelsior Irrigating Company, a
<br />Colorado mutual ditch company.
<br />By
<br />~ ~ ~J - Y
<br />ATTEST:
<br />By ~ ~~! ~l
<br />Erin Evans, Secretary
<br />C. R. Evans, President
<br />State of Colorado )
<br />) ss.
<br />County of Pueblo )
<br />`~Zo re~m,~r
<br />The foregoing instrument was acknowledged before me this ~p~' day of~-9etatr~r~200~;' y~~; R.
<br />.
<br />Evans, as President and Erin Evans as Corporate retary of the xcelsior Irri~a ~., t~ ~a~
<br />Witness my hand and official seal. . : Q• pT '~ ~'
<br />~j~~ Comrl~~'ss~ar~ ~k ,~es ' 2~~ ~o ~ •~N~i ary~i.l~li~
<br />~ ~ / ~ ~.~
<br />~; ~'•• ~°U~L1G.~~o
<br />.,~'7~'••~........ ~~''~.o :~
<br />'•.rFOf C0~-~E,.••.
<br />'~•.~,~~•'
<br />
|