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� • 271477 4/20/11 2:52 PM B: 425 P: 0296 Kare� Garcia Costilla CountY Recorder Page 2 of 3 DT Rec Fee: 21.00 DocFee: $0.00 �� i ��1�'I��'�tia'�11��1��.�� I�'� �"� 1� �� ( and all moneys advanced for taxes, insurance and assessments, or on any prior encumbrance, with interest thereon and pay the principal and interest due on said Promissory Note, rendering the overplus, if any, unto the G�oR; and after the e�iration of the time of r�edemption, the PuBUC TRUS�E shall execute and deliver to the purchaser a deed to the CouATEw�� sold. The BE►vEFictARY may purchase said CouA'rEw�� or any part thereof at such sale. The Gw4nrroR covenants that at the time of the delivery of these presents, it is wel) seized of the Coun�t� in fee simple, and has full power and lawful authority to grant, bargain, sell and convey the same in the manner and form as aforesaid. The Gw4nr'roR fully waives and releases all rights and claims it may have in or to said CouAr�t� as a Homestead Exemption or other exemptio�, flow or I�ereafter provided t�y la�dr. The GRaNrot� further covenants that the collateral is free and c�ar of all liens and encumbrances whatever and that the Gwa,NTOR shall wamant and forever defend the CouA�w�t. in the quiet and peaceable possession of the PuBUC TRUS�E, its successors and assigns, against all and every person or persons lawfully claiming or to claim the who� or any part thereof. Until payment in full of the indebtedness, the G��nrroR shall timely pay all taxes and assessments levied on the Co�u►�ww; any and all amounts due on aocount of the prinapal and interest or other surr�s on any senior encumbranoes. if any; and will keep the Co��TE� insured in acxordance with the requirements of the LoAN Con�wACT. In the event of the sale or transfer of the Cou.A�w� � BENEFICIARY at its option, may dedare #he entire balanc�e of the note immediately due and payable. In case af default in any of said payments of the principal or interest, according to the terms of said Promissory Note or LonN CoNr�►cT, by the G�oR, its successors or assigns, then said principal sum hereby secured, and interest thereon, may at once, at the option of the BENEFICIARY become due and payable, and the said Co�u�� be sold in the manner and w�h the same effect as if said indebtedness had matured, and that if foreclosure be made by the PuBUC TRUSrEE, an attomey's fee in a reasonable amount for services in the supervision of said foreclosure proceedings shall be allowed by the PuBUC TRUS�E as a part of the cost of foreclosure, and if foreclosure be made through the courts a reasonable aitomey's fee shall be taxed by the court as a part of the cost of such foreclosure proceedings. I# is further understood and agreed, that if a r�elease or a partia1 r+elease of this Deed of Trust is required, the Gt�rrroR, its successors or assigns will pay the expense thereof; tl�at all the covenants and agreements contained herein and in the Promissory Note and LoAN Cont��acT shall extend to and be binding upon the successors or assigns of the respective parti�s hereto; and that the singular number shall include the plural, the ptural the singular, and the use of any gender shall be applicable to al! genders. Executed the day and date first wrilten above. •""' •�" Trinchera Irrigation Company, a Colorado ' „� � � � ••. , �� ' . '�.'• nonprofit corporation .;' w • ^t �r► ��"� � : +�''' ; . � • : 3 J . 1 .. . . : y B s _.� a � • '�, �. �, .� '� racy S. Kester, President , . .• � . ;. :, By ^ c�� . Appendix 5 to Loan Contract C150316 Page 2 of 3