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• Y I I I' I I I "I I I "I' I' I I I"I I I I "I I I' I I I' I I I I I "I I I I I' I I"I <br />., 812031 09/29/2003 10:42A B13S8 P413 F. JOHNSON <br />2 of 3 R 16.00 D 0.00 Mor�an Counly, CO <br />The GRarvTOR, in consideration of the premises and for the purpose aforesaid, <br />does hereby grant, bargain, sell and convey unto the said PuB�ic TRUSTEE in trust <br />forever, the above described CouarERa,�. <br />To have and to hold the same, together with all appurtenances, in trust <br />nevertheless, that in case of default in the payment of said Promissory Note, or any part <br />thereof, or the interest thereon, or in the performance of any covenants hereinafter set forth <br />or in said Promissory Note or LoaN CoNTRacr, then upon the BENEFiciARY filing notice of <br />election and demand for sale Sald PUBLIC TRUSTEE after advertising notice of said sale <br />weekly for not less than four weeks in some newspaper of general circulation in said <br />CourvN, shall sell said Co��aTERa� in the manner provided by law in effect at the time of <br />filing said notice and demand, at public auction for cash, at any proper place designated in <br />the notice of sale. Out of the proceeds of said sale, the Pusuc TRUSTEE shall retain or pay <br />first all fees, charges and costs and all moneys advanced for taxes, insurance and <br />assessments, or on any prior encumbrance, with interest thereon and pay the principal and <br />interest due on said Promissory Note, rendering the overplus, if any, unto the GRaNTOR; and <br />after the expiration of the time of redemption, the Pua�ic TRUSTEE shall execute and deliver <br />to the purchaser a deed to the Co��aTERa� sold. The BENEFiciARY may purchase said <br />CouArEw�� or any part thereof at such sale. <br />The Gw4NTOR covenants that at the time of the delivery of these presents, it is well <br />seized of the Co��arEwo,� in fee simple, and has full power and lawful authority to grant, <br />bargain, sell and convey the same in the manner and form as aforesaid. The GRaNTOR fully <br />waives and releases all rights and claims it may have in or to said Co��arEw� as a Homestead <br />Exemption or other exemption, now or hereafter provided by law. The GRaNTOR further <br />covenants that the collateral is free and clear of all liens and encumbrances whatever and that <br />the Gr�atvTOR shall warrant and forever defend the Co�u�TERa� in the quiet and peaceable <br />possession of the PuBUC TRUSTEE, its successors and assigns, against all and every person or <br />persons lawFully claiming or to claim the whole or any part thereof. <br />Until payment in full of the indebtedness, the Gr�aNroR shall timely pay all taxes and <br />assessments levied on the CouATEr�a�; any and all amounts due on account of the principal <br />and interest or other sums on any senior encumbrances, if any; and will keep the Co��arEt�a� <br />insured in accordance with the requirements of the LoaN CorvTRacT. In the event of the sale or <br />transfer of the Co��.a,TEwo,� tl1@ BENEFICIARY at its option, may declare the entire balance of the <br />note immediately due and payable. <br />In case of default in any of said payments of the principal or interest, according to the <br />terms of said Promissory Note or LoaN CoNTRacT, by the GRaNTOR, its successors or assigns, <br />then said principal sum hereby secured, and interest thereon, may at once, at the option of the <br />BENEFICIARY become due and payable, and the said Co�uaTERa,� be sold in the manner and <br />with the same effect as if said indebtedness had matured, and that if foreclosure be made by <br />tlle PUBLIC TRUSTEE an attorney's fee in a reasonable amount for services in the supervision of <br />said foreclosure proceedings shall be allowed by the PuB�ic TRUSTEE as a part of the cost of <br />foreclosure, and if foreclosure be made through the courts a reasonable attomey's fee shall be <br />taxed by the court as a 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 GRaNTOR, its successors or assigns will pay the expense thereof; that all <br />the covenants and agreements contained herein and in the Promissory Note and LoAN <br />CorvTRacT shall extend to and be binding upon the successors or assigns of the respective <br />Page 2 of 3 <br />