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And, that in case of default in any of said payments of principal or interest, according to the tenor and effect <br />of said promissory note or any part thereof, or of a breach or violation of any of the covenants or agreements <br />contained herein and in the Contract, by the Gw~NTOR, its successors or assigns, then and in that case the whole of <br />said principal sum hereby seeured, and the interest thereon to the time of the sale, may at once, at the option of the <br />legal holder thereof, become due and payable, and the said Property be sold in the manner and with the same effect <br />as if said indebtedness had matured, and that if foreclosure be made by the Puauc TRUSTEE, an attorneys fee in a <br />reasonable amount for services in the supervision af said foreclosure proceedings shall be aNowed by the PusuC <br />TRUST~E as a part of the cost of foreclosure, and if foreclosure be made thrqugh the courts a reasonable attomeys <br />fee shall be taxed by the court as a part of the cost of such foreclosure proeeedings. <br />It is further u~derstood and ~greed, that if a release or a partial releas~ of this Deed of Trust is required, <br />the G~oR, its successor~ or assigns will pay the expense thereof; that all the covenants and agreements <br />contained herein and in the Contract shall extend to and be binding upon the successors or assigns of the respective <br />parties hereto; and that the singular number shall include the plural, the plural the singular, and the use of any gender <br />shall be applicable to all genders. <br />Executed the day and date first written above. <br />Coon Creek Reservoir and Ditch Company <br />By <br />Steven Ryken, President <br />(SEAL) <br />ATTEST: <br />, Corporate Secretary <br />State of Colorado ) <br />) ss. <br />County of Mesa ) <br />The foregoing instrument was acknowledged before me this day of 2009, by <br />Steven Ryken as President and as Corporate Secretary. W itness my hand and official <br />seal. <br />Notary Public <br />My commission expires <br />