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99033922 - 04/19/99 12:05 - CAROLE R. MURRAy DOUGLAS C0. COLO. CLERK & RECORI3ER
<br />B1695 - P1429 - $15.001 - 2! 3
<br />said deed so made shall be a perpetual bar, both in law and equity, against the Gw�ivroR, its successors and
<br />assigns, and all other persons claiming the Property, or any part thereof, by, from, through or under the GwirvroR,
<br />or any of them. The holder of said note may purchase Property or any p�rt tf�ereof; and it shall not be obligatory
<br />upon the purchaser at any such sale to see to the application of the purchase money.
<br />And the Gw4►vroR, for itself and its successors or assigns covenants and agrees to and with the PuB�ic
<br />TRUSTEE that at the time of the defivery of these presents it is well seized of the Property in fee simple, and has
<br />good right, full power and lawful authority to grant, bargain, sell and convey the same in the manner and form as
<br />aforesaid; hereby fully and absolutely waiving and releasing all rights and claims it may have in or to said Property
<br />as a Homestead Exemption, or other exemption, under and by virtue of any act of the General Assembly of the
<br />State of Colorado, or as any exemption under and by virtue of any act of the United States Congress, now existing
<br />or which may hereafter be passed in relation thereto and that the same is free and clear of all liens and
<br />encumbrances whatever, and the above bargained Property in the quiet and peaceable possession of the Public
<br />Trustee, its successors and assigns, against all and every person or persons lawfully claiming or to claim the
<br />whole or any part thereof, by, through or under the Grantor, shall and will warrant and forever defend.
<br />Until payment in full of the indebtedness, the Gw�NTOR shall timely pay all taxes and assessments levied
<br />on the Property and any and all amounts due on account of principal and interest or other sums on any senior
<br />encumbrances, if any. Should the GRaNTOrt fail to pay taxes or assessments as the same fall due, or to pay any
<br />amounts payable upon senior encumbrances, if any, the beneficiary may make any such payments, and all
<br />monies so paid with interest thereon at the rate of ten percent (10%) per annum shall be added to and become a
<br />part of the indebtedness secured by this Deed of Trust and may be paid out of the proceeds of the sale of the
<br />Property if not paid by the Gtu�tvTOR. In addition, and at its option, the beneficiary may declare the indebtedness
<br />secured hereby and this Deed of Trust to be in default for failure to make any further payments required by this
<br />paragraph. In the event of the sale or transfer of the Property, the beneficiary, at its option, may declare the entire
<br />balance of the Promissory Note immediately due and payable.
<br />And that in case of any default whereby the right of foreclosure occurs hereunder, the Pusuc
<br />TRUSTEE the State as holder of the note, or the holder of a certificate of purchase, shall at once become entitled to
<br />the possession, use and enjoyment of the Property aforesaid, and to the rents, issues and profits thereof, from the
<br />accruing of such right and during the pendency of foreclosure proceedings and the period of redemption, if any
<br />there be, and such possession shall at once be delivered to the Pusuc TRUSTEE, the State as holder of the note, or
<br />the holder of said certificate of purchase on request and on refusat, the delivery of the Property may be enforced
<br />by the PuBUC TRUS'reE, 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 Pusuc TRUSrEE, or the holder of said note or certificate of purchase, or
<br />any thereof, shall be entitled to a Receiver for said Property, and of the rents, issues and profits thereof, after such
<br />default, including the time covered by foreclosure proceedings and the period of redemption, if any there be, and
<br />shall be entitted thereto as a matter of right without regard to the solvency or insolvency of the GrzarvTOR or of the
<br />then owner of said Property and without regard to the value thereof, and such Receiver may be appointed by any
<br />court of competent jurisdiction upon ex parte application and without notice - notice being hereby expressly waived
<br />- and all rents, issues and profits, income and revenue therefrom shall be applied by such Receiver to the payment
<br />of the indebtedness hereby secured, according to the law and the orders and directions of the court. The SraTE
<br />shall give the G�rvTOR and the Denver Water Department Attn: Legal Division, 1600 West 12th Avenue, Denver,
<br />Colorado 80254, written notice of any alleged default and an opportunity to cure within thirty (30) days of receipt of
<br />such notice before the GwaNTOR shall be considered in default for purposes of this deed of trust.
<br />And, that in case of default in any of said payments of principal or interest, according to the tenor and
<br />effect 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 GRa,►vTOR, its personal representatives or assigns, then and in that
<br />case the whole of said principal sum hereby secured, and the interest thereon to the time of the sale, may at once,
<br />at the option of the legal holder thereof, become due and payable, and the said Property be sold in the manner
<br />and with the same effect as if said indebtedness had matured, and that if foreclosure be made by the Pueuc
<br />TRUSTEE an attorney's fee in a reasonable amount for services in the supervision of said foreclosure proceedings
<br />shall be allowed by the Pusuc TRUSTEE as a part of the cost of foreclosure, and if foreclosure be made through the
<br />courts a reasonable attorney'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►�aNroR, its successors or assigns will pay the expense thereof; that all the covenants and
<br />agreements contained herein and in the Contract shall extend to and be binding upon the heirs or assigns of the
<br />respective parties hereto; and that the singular number shall include the plural, the plural the singular, and the use
<br />of any gender shall be applicable to all genders.
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