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I IIIIII IIIII IIIII ~ I IIII IIIIIII IIIII III IIIII IIII IIII
<br />1232119 08/03/ 01:27P TD Chris C. Munos
<br />3 of 3 R 16.00 0.00 Pu~blo C!y Clk 8 R~e.
<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 PuBUC 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, i~cluding 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 GRarvTOR 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 />all rents, issues and profits, income and revenue therefrom shaN be applied by such Receiver to the
<br />payment of the indebtedness hereby secured, according to the law and the orders and directions 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,rvTOR, its personal
<br />rep~esentat~ves or assi~ns, ±hen and in that case the whole of said p~incipal sum hereby secured,
<br />and 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
<br />attorney's fee in a reasonable amount for services in the supervision of said fo~eclosure proceedings
<br />shall be allowed by the Pus~ic TRUSrEE as a part of the cost of foreclosure, and if foreclosure be
<br />made through the courts a reasonable attomey's fee shall be taxed by the court as a part of ttie cost
<br />of such foreclosure proceedings.
<br />It is further understood and agreed, that if a release or a partia! release of this Deed of
<br />Trust 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 />~~-"~ -,., Gw~rvTOR: The Excelsior Irrigating Company, a
<br />~~ "~~ ~ ~~~~~''~`~r, Colorado mutual ditch company.
<br />.~'',,t~~?~ e+~~;~ p,qJ~'fii~ .
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<br />~~~ Y~`~y ~ By i . ~i
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<br />~a~:.4 ~ o- ; C.R. Evans, President
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<br />,;,~f,.~ : '~',iri~ c rans, ~ecreiary
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<br />State of Colorado )
<br />) ss.
<br />County of Pueb.lo )
<br />The foregoing instr,~ment was ack: ;owle~5ed before me this ~~~day of ~.~~1 ~/~
<br />by C.R. Evans, as President of the Excelsior.lrrigating Company. Witnes hand and official seal.~
<br />````~~ `l ~~,i ~~,.,, 1
<br />.;~ ~~; . • ~v' ;, ~ ~ Notary Public
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