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zsa0zs 4/6l10 2:47 PM B: 419 P: 0400 Dolores Burns Costilla County Recorder Page 2 of 3 DT Rec Fee: 16.00 DocFee: $0.00 �� i��1�'1�� I��'��'��ti �'1� �� the Cot�n��. in fee sim�e, and has #u!I power and lawFul authority to grant, bargain, seil and convey the same in the manner and form as aforesaid. The Gw�rtro�t fuily waives and releases all rights and claims it may have in or to said Co�u�'rEw�� as a Homestead Exemption or other exemption, now or hereafter provided by law. The Gt�nt�'roR further covenar�ts that the collateral is free and clear of ail iiens and encumbrances whatever and that the G�oFt sha11 warrant and forever defend the Cou.�4�w�t in the quiet and peacea�e possession of the PusuC TRUS�E, its successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof. Until payment in full of the indebtedness, ifie G+�n�roR sl�all timely pay all ta�ces and assessments levied on the Co�w�w��; any and all amounts due on accourrt of the principal and interest or other sums on any senior encumbrances, if any; and will keep the COL�TEtv�L insured in accordance with the requiremerrts of the LoaN CotvT'w�cr. In the everrt of the sale or transfer of the COLLATERAL, the BENEFICIARY, at its option, may dedare the entire balance of the note immediately due and payable. In case of default in any of said payments of the principal or interest, according to the terms of said Promissory Note or LoAN Cowi't�nCT, by the Gw�NTOR, its successors or assigns, then said principal sum hereby secured, and in#erest thereon, may at once at the Opt10� Of tF1e BENEFICIARY become due and payable, and the said Co�u�TE�� be sold in the manner and with the same effect as if said indebtedness had matured, and that if foreclosure be made by the PuBUC TRUSTEE, an attomey's fee in a reasonable amount for services in the supervision of said foreclosure proceedings shall be aHowed by the PuBUC TRUS�E as a part of the cost of foreclosure, and if foreclosure be made through the courts a reasonable attomey's fee shall be taxed by the court as a part of the cost of such foreclosure pra:eedings. It is further understood and agreed, that if a release or a partial release of this Deed of Trust is required, the G�tanrroR, its successors or assigns will pay the expense thereof, that all the covenants and agreements contained herein and in the Pramissory Note and LonN Con��CT shall extend to and be binding upon the successors or assigns of fhe respective parties hereto; and that the singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. Executed the day and date first written above. , ., 9�,�L�,.� � ',,°� ,....• � Trinchera Irri ation Com an , a Color�o non rofit REOA►,pt 9 P Y P �' e , a �• `�p��r'�' COI'j�O�atlOfl � � �S�L� ` • � s . * � � Y �_ ' M q � 6 . � c • � � � r �. : : .. � .M *' � � j ! '' '�'' %. �•' � cy S. Kester, President ATI�E�t►. � � � -� . �- � •-....•••'� � By Robert E. Espinos , Sectretary-Treasurer County of Costilla SS State of Colorado ) The foregoing instrument was acknowledged before me this ��day of , 2010, by Appendix 6 to Loan Contract C150303 Page 2 of 3