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,� : <br />I I"III "III "II"I I" III' III'I'II'I"I III "II' II'I I") <br />" 823233 12/17/2004 10:48A B1198 P66°i F. JOHNSON <br />2 of 2 R 11.00 D 0.00 Mo�9an Counly, CO <br />provided by law. The GRatvTOR further covenants that the collateral is free and clear of ail liens and <br />encumbrances whatever and that the Gw�,NTOR shall warrant and forever defend the Co��aTEw4� in the <br />quiet and peaceable possession of the Puauc TRUSTEE, its successors and assigns, against all and <br />every person or persons lawfully claiming or to ciaim the whole or any part thereof. <br />Until payment in full of the indebtedness, the Gt�aNTOR shall timely pay all taxes and <br />assessments levied on the COLLATERAL any and all amounts due on account of the principal and <br />interest or other sums on any senior encumbrances, if any; and will keep the Co��TE�� insured in <br />accordance with the requirements of the LoAN CoNT�cT. In the event of the sale or transfer of the <br />COLLATERAL, the BENEFICIARY at its option, may declare the entire balance of the note immediately due <br />and payable. <br />In case of default in any of said payments of the principal or interest, according to the terms of <br />said Promissory Note or Loa,iv CotvTt�acT, by the G�NTOR, its successors or assigns, then said principal <br />sum hereby secured, and interest thereon, may at once at the OptlOfl Of the BENEFICIARY become due <br />and payable, and the said Co��TEw� be sold in the manner and with the same effect as if said <br />indebtedness had matured, and that if foreclosure be made by the Puauc TRUSTEE, an attomey's fee in <br />a reasonable amount for services in the supervision of said foreclosure proceedings shall be allowed by <br />the PuB�ic TRUSTEE as a part of the cost of foreclosure, and if foreclosure be made through the courts a <br />reasonable attomey's fee shall be taxed by the court as a part of the cost of such foreclosure <br />proceedings. <br />It is further understood and agreed, that if a release or a partial release of this Deed of Trust is <br />required, the G�an�TOR, its successors or assigns will pay the expense thereof; that all the covenants <br />and agreements contained herein and in the Promissory Note and Lo,4N CotvTRac'r shall extend to and <br />be binding upon the successors or assigns of the respective parties hereto; and that the singular number <br />shall include the plural, the plural the singular, and the use of any gender shall be applicable to all <br />genders. <br />Executed the day and date first written above. <br />�.�� ��S���� <br />„�. � <br />s_ i �^ r �':6 �".� '�'? �.-�,. _ <br />� J vr . <br />: L" � F� u.:—t .,.. : y�_� r} <br />ATTs�S7���� <br />,r� <br />B ��v� ,�� G <br />Rachel Averch, Corporate <br />County of � �P � p � <br />State of Colorado <br />The foregoing instrument was a <br />Averch and Rachel Averch as <br />Witness my hand and official se� <br />3T Cattle <br />) <br />j SS <br />;d before this <br />and Corp ate� <br />My commission expires 7/( ���i �� a200.S �_ <br />�., a Co rado corporation <br />Averch, President <br />���E S. M���° <br />o <br />NO7'ARY <br />� pUBL/C � <br />� <br />�day of <br />2004, by Kevin <br />the T Cattle Company, Inc. <br />otary Public <br />Return recorded deed of trust to: CWCB Finance Section, Attn: Jan Illian, 1580 Logan Street, <br />Suite 750, Denver CO 80203 (Phone Number 303-866-3462) <br />Page 2 of 2 <br />