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<br />1232118 08/03 8 01:27P TD Ch~ls C. Muno:
<br />3 of 3 R 16.00 D 0.00 Puablo C!y Clk 8 R~e.
<br />PUBLIC TRUSTEE, the State as holder of the note, or the holder of a certificate of purchase, shall at
<br />once become entitled to the possession, use and enjoyment of the Property aforesaid, and to the
<br />rents, issues and profits thereof, from the accruing of such right and during the pendency of
<br />foreclosure proceedings and the period of redemption, if any there be, and such possession shall at
<br />once be delivered to the PuBUC TRUSTEE, the State as holder of the note, or the holder of said
<br />certificate of purchase on request and on refusal, the delivery of the Property may be enforced by
<br />the PUBLIC TRUSTEE, the State as holder of the note, or the holder of said certificate of purchase by
<br />an appropriate civil suit or proceeding, and the PuB~ic TRUSTEE, or the holder of said nofe or
<br />certificate of purchase, or any thereof, shall be entitled to a Receiver for said Property, and of the
<br />rents, issues and profits thereof, after such default, including the time covered by foreclosure
<br />proceedings and the period of redemption, if any there be, and shall be entitled thereto as a matter
<br />of right without regard to the solvency or insolvency of the G~,NTOR or of the then owner of said
<br />Property and without regard to the value thereof, and such Receiver may be appointed by any court
<br />of competent jurisdiction upon ex parte application and without notice - notice being hereby
<br />expressly waived - and all rents, issues and profits, income and revenue therefrom shall be applied
<br />by such Receiver to the payment of the indebtedness hereby sec~red, according to the law and the
<br />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 o~ 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,
<br />and the interest thereon to the time of the sale, may at once, at the option of the ~ legal holder
<br />thereof, become due and payable, and the said Property be sold in the manner and with the same
<br />effect as if said indebtedness had matured, and that if foreclosure be made by the PuBUC TRUSTEE,
<br />an attorney's fee in a reasonable amount for seniices in the supervision of said foreclosure
<br />proceedings shall be allowed by the Pus~ic TRUSTEE as a part of the cost of foreclosure, and if
<br />foreclosure be made through the courts a ~easonable attorney's fee shall be taxed by the court as a
<br />part of the cost of such foreclosure proceedings.
<br />It is further understood and agreed, that if a release or a partial release of this Deed of
<br />Trust is required, the G~a,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
<br />upon the heirs or assigns of the respective parties hereto; and that the singular number shall include
<br />the 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 />Gw~r~TOq: C.R. Evans
<br />~~ ~
<br />State of Colorado )
<br />) ss.
<br />County of Pueblo - )
<br />_ The foregoing instrument was acknowledged before me this llthday of February, 1998 , by
<br />~~~,~O~:~v~~ri~; Witness my hand and official seal.
<br />a~'~~ _ .~F,c ~ ~~
<br />~ ~, ; ~~L'~TJ1 ~r ': ~ '= ~ otary Public
<br />_'~ ~ 11~ c m 'ssidil ~xpires:_ 10 / 16 / 9 8
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