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C150328 Contract 3/5/12
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C150328 Contract 3/5/12
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Last modified
5/28/2020 7:53:31 AM
Creation date
4/26/2012 8:46:24 AM
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Loan Projects
Contract/PO #
CT2015-164
C150328
C150328A
Contractor Name
Two Rivers Water Company
Contract Type
Loan
Water District
79
County
Huerfano
Pueblo
Loan Projects - Doc Type
Contract Documents
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the COLLATERAL in fee simple, and has full power and lawful authority to grant, bargain, sell and <br />convey the same in the manner and form as aforesaid. The GRANTOR fully waives and releases all <br />rights and claims it may have in or to said COLLATERAL as a Homestead Exemption or other <br />exemption, now or hereafter provided by law. The GRANTOR further covenants that the collateral is <br />free and clear of all liens and encumbrances whatever and that the GRANTOR shall warrant and <br />forever defend the COLLATERAL in the quiet and peaceable possession of the PUBLIC TRUSTEE, its <br />successors and assigns, against all and every person or persons lawfully claiming or to claim the <br />whole or any part thereof. <br />Until payment in full of the indebtedness, the GRANTOR shall timely pay all taxes and <br />assessments levied on the COLLATERAL; any and all amounts due on account of the principal and <br />interest or other sums on any senior encumbrances, if any; and will keep the COLLATERAL insured in <br />accordance with the requirements of the LOAN CONTRACT. In the event of the sale or transfer of the <br />COLLATERAL, the BENEFICIARY, at its option, may declare the entire balance of the note immediately <br />due and payable. <br />In case of default in any of said payments of the principal or interest, according to the terms <br />of said Promissory Note or LOAN CONTRACT, by the GRANTOR, its successors or assigns, then said <br />principal sum hereby secured, and interest thereon, may at once, at the option of the BENEFICIARY, <br />become due and payable, and the said COLLATERAL be sold in the manner and with the same effect <br />as if said indebtedness had matured, and that if foreclosure be made by the PUBLIC TRUSTEE, an <br />attorney's fee in a reasonable amount for services in the supervision of said foreclosure <br />proceedings shall be allowed by the PUBLIC 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 <br />part of the cost of such foreclosure proceedings. <br />It is further understood and agreed, that if a release or a partial release of this Deed of Trust <br />is required, the GRANTOR, its successors or assigns will pay the expense thereof; that all the <br />covenants and agreements contained herein and in the Promissory Note and LOAN CONTRACT shall <br />extend to and be binding upon the successors or assigns of the respective parties hereto; and that <br />the singular number shall include the plural, the plural the singular, and the use of any gender shall <br />be applicable to all genders. <br />Executed the day and date first written above. <br />Two Rivers Farms F -2, LLC, a Limited Liability <br />Company <br />(SEAL) <br />By ')I�&, /1�1— <br />Gary Barber, Managing Member <br />ATTEST: <br />By <br />W e Hard` g, Managing Member <br />County ofQ, f✓ ) <br />SS <br />State of Colorado ) <br />rN <br />The foregoing instrument was acknowledged before me this day of 2012, by <br />Appendix 5 to Loan Contract C150328A <br />Page 2 of 3 <br />
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