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per cent per annum, rendering the surplus, if any, unto the GRANTOA, its legal representatives or assigns; which
<br />sale and said deed so made shall be a perpetual bar, both in law and equity, against the GaarvroR, its
<br />successors and assigns, and all other persons claiming the Property, or any part thereof, by, from, through or
<br />under the GRarvTOR, or any of them. The holder of said note may purchase Property or any part thereof; and it
<br />shall not be obligatory upon the purchaser at any such sale to see to the application of the purchase money.
<br />Af1C1 th8 GRANTOR for itself and its successors or assigns covenants and agrees to and with the Pusuc
<br />TRUSTEE that at the time of the delivery 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
<br />as aforesaid; hereby fully and absolutely waiving and releasing all rights and claims it may have in or to said
<br />Property as a Homestead Exemption, or other exemption, under and by virtue of any act of the General
<br />Assembly of the State of Colorado, or as any exemption under and by virtue of any act of the United States
<br />Congress, now existing or which may hereafter be passed in relation thereto and that the same is free and
<br />clear of all liens and encumbrances whatever, and the above bargained Property in the quiet and peaceable
<br />possession of the Public Trustee, its successors and assigns, against all and every person or persons lawfully
<br />claiming or to claim the whole or any part thereof, by, through or under the Grantor, shall and will warrant and
<br />forever defend.
<br />Jn:il paym�nt in full of the inuebiedness, the G�;ArvTOa shall timely pay all taxes ar+d assessrnents
<br />levied on the Property and any and all amounts due on account of principal and interest or other sums on any
<br />senior encumbrances, if any. Should the GRatvroR fail to pay taxes or assessments as the same fall due, or to
<br />pay any amounts payable upon senior encumbrances, if any, the beneficiary may make any such payments,
<br />and all monies so paid with interest thereon at the rate of ten percent (10%) per annum shall be added to and
<br />become a part of the indebtedness secured by this Deed of Trust and may be paid out of the proceeds of the
<br />sale of the Property if not paid by the GRa,rvroR. In addition, and at its option, the beneficiary may declare the
<br />indebtedness secured hereby and this Deed of Trust to be in default for failure to make any further payments
<br />required by this paragraph. In the event of the sale or transfer of the Property, the beneficiary, at its option,
<br />may declare the entire 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
<br />entitled to the possession, use and enjoyment of the Property aforesaid, and to the rents, issues and profits
<br />thereof, from the accruing of such right and during the pendency of foreclosure proceedings and the period of
<br />redemption, if any there be, and such possession shall at once be delivered to the PuBUC TausTEE, the State
<br />as holder of the note, or the holder of said certificate of purchase on request and on refusal, the delivery of the
<br />Property may be enforced by the Puauc TRUSrEE, the State as holder of the note, or the holder of said
<br />certificate of purchase by an appropriate civil suit or proceeding afld th@ PUBLIC TRUSTEE or the holder of said
<br />note or certificate of purchase, or any thereof, shall be entitled to a Receiver for said Property, and of the rents,
<br />issues and profits thereof, after such default, including 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 to the
<br />solvency or insolvency of the GRarvroR or of the then owner of said Property and without regard to the value
<br />thereof, and such Receiver may be appointed by any court of competent jurisdiction upon ex parte application
<br />and without notice - notice being hereby expressly waived - and all rents, issues and profits, income and
<br />revenue therefrom shall be applied by such Receiver to the pa;�ment of the �ndebteriress her�by sec��red,
<br />according to the law and the orders and directions of the court. The STarE shall give the GR,arvTOR and the
<br />Denver Water Department Attn: Legal Division, 1600 West 12` Avenue, Denver, Colorado 80254, written
<br />notice of any alleged default and an opportunity to cure within thirry (30) days of receipt of such notice before
<br />the GRaNTOR 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
<br />agreements contained herein and in the Contract by th@ GRANTOR its personal representatives or assigns,
<br />then and in that case the whole of said principal sum hereby secured, and the interest thereon to the time of the
<br />sale, may at once, at the option of the legal holder thereof, become due and payable, and the said Property be
<br />sold in the manner and with the same effect as if said indebtedness had matured, and that if foreclosure be
<br />made by the PuBUC TRUSTEE, an attorney's fee in a reasonable amount for services in the supervision of said
<br />foreclosure proceedings shall be allowed by the Puauc TRUSTEE as a part of the cost of foreclosure, and if
<br />foreclosure be made through the courts a reasonable attorney's fee shall be taxed by the court as a part of the
<br />cost of such foreclosure proceedings.
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