|
648732 8-1250 P-473 06/10/96 12�OOP PG 2 OF 3
<br />And t6e grantor covenanu and agrees to aed with the Pub6c Trustce, that at the dme oCthe ensealing of and delivery of these prexnts 6e is well xized of
<br />the said land aad tenements in fee simple, and has good right, full power and Iawful authority to graot, bargain, seU and comrcy the same in the manner and
<br />form as aforesaid; hereby fully and absolutely waiving and releasing all rights and claims he may have in or to said lands, tenemenu, and property as a
<br />Homestead Exemption, or other erzemption, under and by virtue of aay act of the General Assembly of the State of Colorado, or as aey exemption uedtt
<br />and by virtue of any act of the United States Congress, now existing or whic6 may hereaftec be passed in relatioa theroto and that lhe same are free and clear
<br />of au liens and encumbrances whauver, except d e e d t O C W C B Y e c o r d e d 1/ 13 / 8 2 B o o k 6 7 2, p. 7 3 9
<br />and liens, reservations and encumbrances of record
<br />and the above baigained property in the quiet and peaceable possession of 16e Pubtic Trusta, against all and every pecaon or pereom IawlWty claimine a w
<br />;:�i:r. the �a•F.o�� � anp �e� thereof, the ��:or shalt and wiU Wartant and Fomver tkknd..
<br />Until paymeot in full of We indebtedneu, the grantor shall timdy pay ail taxa end esxaements levied on t6e property; any and ell amounts due on
<br />aaount of principat and iMerest or other suma on any senior encumbrances, if any� _
<br />' ' ' Should the g[mtor fail to . . � taxp or esxesments as I
<br />Ux same fall due, or to pay any amounts payabk upon senior encumbrances, if any. the lxne6ciary may malro any auch payments �r*www�wetr
<br />iewwaoe, and all monies so paid with ietuest thereon at the �ate of 8 % per annum ahall be sdded to and beco� a part of tice i�ebtedoess securod
<br />by this Dxd of 7tust and may be paid out of the procads of the sak of the propertY if not Paid M' �e grantor. In addition, and at its option. the beneficiary
<br />mry declare the indebtedneas secured hereby aad this Dced of'hurt to be in default f� feilure to}www�r melce any of the prymenU requinel
<br />by tltis ParegraPh•
<br />If all or my part of t6e property or an interest therein is aold or treasferted by tite grantor without beae5ciaryb prior wtitten consent, excluding (a) the
<br />creation of a Gen or encumbrance subordinete to thia Deed of lkust, (b) the c�eation of a purchax monty sxurtty interest fw houxhold appliances, (c) a
<br />uansfer by dcviae, descent or by operation of law up� the death of a joint uneM �(d) the grant of any lease6dd interat of t6roe yeazs or lesa na
<br />mntaining an opdon to Purohaeo, beneficiery maY, at beneficiarY's opti�, dxlare all the suma secured by this Dxd of'Itust W be immed'uWY due and
<br />payabie. Beneficiary shall have waived such option to accderate i� Pnor to the sale or uansfer. bene6ciary and the Person W whom t6e ProD�rtY ia w be sdd
<br />or transferted reach agrament in writing that the credit of such person is satisfactory w lxaeficiary and Wat t� interest psyabte oa the sums secured by
<br />this Deed of'[tust shall be at such rate as beneficiary shall request.
<br />AND THAT IN CASE OF ANY DEFAULT w6ereby the right of foreclosu�s occurs hereunder, t6e 6older of said note a certificate of purchase shall at
<br />once bxAme entiUed to the posse,seion, use and eqjoymcrot of the property aforaaiQ end to the mnts, issues and pro5ts thereof, from t6e accruing of such
<br />right and during the pendency of foreclosure proceedings and the period of redemption, if any there be: and suc6 posaeasion s6all at once be deGvend to the
<br />halder of said aote or certificate of pwc6ase on request, and on refusal, the deGvery of suc6 possession may be enforad by the holder of said note or
<br />certificate of purchase by any appropriate civil suit or proceeding, and the 6older of said note or certi5cate of purchase, or any tlureo� shall be entiUed to a
<br />Receiver for said property, and of the ronts, issues and pro6ts thereof, after such default, including the time covered by foreclosure proceedings and the
<br />period of redemption, if any t6ere be, a� shall be entitled tttereto as a matter of right without regard to the sdvency or insolvency of the �antor or of tl�e
<br />t6en owntt of said Property and without regard to the value thereof, sed such Reaiver may be appointed by any court of competent jurisdiction upon ac
<br />parte apptication and without notice — notice being hereby expresaly waived — and ell renis, isaues and Profits, income and ieveoue therefrom shall be
<br />appGed by such Reaiver to the payment of the indebtedness hereby savred, according to the law a� the orde�s and directions of t6e court.
<br />AND, that in case of default in any of said payments of principal or interest, according to the teeor and effect of said promissory note or any parl
<br />thereof, or of a breach or violation of any of the covenants or agrcements herein, by the grantor, thee aod in that case the whok of said principal sum tureby
<br />secured aod t6e interest therwe to the time of the sale may at once, at the option of the legat 6older thereof, barome due and payable, and the said Droperty
<br />be sold in t6e manner and with the seme effect as if said indebtedness had matural, and t6at if foreclosuro be made by the Public'hustee, an attomey's fce
<br />of�e�eemeP reasonable amount ��
<br />for xrvices in t6e supervision of said foreclosure praceedings shall be allmved by the Pubtic 7Yuatee as a part of t6e cost of foreclosure, and if foreclosure be
<br />made thmugh the courts a reasonabk attomey's fa shall be taxed by the court as a part of the cost of suc6 forecloaure procadings.
<br />It Is Fbrt6er Undustaod aod A�eed, that if a rolease of this dad of trust ia required, the grantor will pay the expenae thereof; that all the coveeeats and
<br />agreem�s herein contained shall actend to and be bindin8 upon the hei�s, Persons� roPrexmativea, succeaeocs and essi6oe of the respxtivo parties hereto;
<br />and t46t�'itie sinBU'lar nuqbber shall include t6e plural, the plural the singular, and the use of any gender shall be applicable to all gendecs.
<br />,. , � E� � .,,,;,
<br />� g,r�� `' fi �'�,� February
<br />' �����5�'l� � �, �•_._
<br />i� z �. + a
<br />G?� (�th�
<br />i� , �.
<br />��, ;
<br />o�' � � �, � ,�� y ` �,, ,
<br />StAU of Colmado
<br />County of
<br />Fremont �'
<br />The foregoing insWmeM was aclmowledged
<br />by Fred Green as Presi
<br />Water, Inc.
<br />Witness my hand and seal.
<br />Mr commiuion eavires: 8/ 4/ 9 7
<br />�
<br />�
<br />�
<br />�
<br />A
<br />�
<br />� O
<br />� �
<br />O Y Ti
<br />Y, F
<br />�l pC
<br />a°
<br />�
<br />'�-�'-�-
<br />'0UBL1�
<br />r�
<br />A
<br />Q
<br />Q W
<br />,� o
<br />T
<br />U e
<br />w �
<br />O �j
<br />E'q
<br />F
<br />�
<br />w
<br />V
<br />�
<br />�
<br />C
<br />E
<br />�
<br />C
<br />�
<br />ro
<br />r
<br />W
<br />U
<br />.o
<br />�
<br />L
<br />, �q 94
<br />BEAVER Pp.RK WATER, INC.
<br />� (
<br />BY �; " � �
<br />F e Oreen, President
<br />Y
<br />U
<br />U
<br />0
<br />v
<br />V
<br />W
<br />E
<br />C
<br />9
<br />U
<br />�
<br />7
<br />7
<br />�
<br />a
<br />deyof February .�9 94 ,
<br />as Secretary of Beaver Park
<br />'n� �,�. a� ,�-�-�
<br />Wluy Pubtic
<br />�
<br />9
<br />Y
<br />O
<br />L
<br />z
<br />0
<br />.�
<br />a
<br />O
<br />z
<br />E
<br />'w'
<br />y
<br />L�.
<br />
|