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3838776 Pages: 2 of 3 04/13/2012 1:18 PM R Fee:$21.00 Steve Moreno. Clerk and Recorder, Weld County, CO ■ul �ti��Nar�, �� ,,�,��«� 1411,NIN00 147134 MINI e GRANTOR covenants that at the time of the delivery of these presents, it is well seized cf the COLLATERAL 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 GRANTOR fully waives a rid releases all rights and claims it may have in or to said COLLATERAL as a Homestead Exemption or other exemption, now or hereafter provided by law. The GRANTOR further covenan s that the collateral is free and clear of all liens and encumbrances whatever and that the GRA qTOR shall warrant and forever defend the COLLATERAL in the quiet and peaceable possess on of the PUBLIC TRUSTEE, its successors and assigns, against all and every person or persons awfully claiming or to claim the whole or any part thereof. til payment in full of the indebtedness, the GRANTOR shall timely pay all taxes and assessrr ents levied on the COLLATERAL; any and all amounts due on account of the principal and intei est or other sums on any senior encumbrances, if any; and will keep the COLLATERAL insured i i accordance with the requirements of the LOAN CONTRACT. In the event of the sale or transfer of the COLLATERAL, the BENEFICIARY, at its option, may declare the entire balance of the note imn iediately due and payable. Ir case of default in any of said payments of the principal or interest, according to the terms of said Promissory Note or LOAN CONTRACT, by the GRANTOR, its successors or assigns, then saic principal sum hereby secured, and interest thereon, may at once, at the option of the BENEFICIARY, become due and payable, and the said COLLATERAL be sold in the manner and with the 5ame effect as if said indebtedness had matured, and that if foreclosure be made by the PUBL c TRUSTEE, an attorney's fee in a reasonable amount for services in the supervision of said fore rlosure proceedings shall be allowed by the PUBLIC TRUSTEE as a part of the cost of foreclOSL re, and if foreclosure be made through the courts a reasonable attorney's fee shall be taxed by the court as a part of the cost of such foreclosure proceedings. It is further understood and agreed, that if a release or a partial release of this deed of Trust is I equired, the GRANTOR, its successors or assigns will pay the expense thereof; that all the covE nants and agreements contained herein and in the Promissory Note and LOAN CONTRACT shall extend to and be binding upon the successors or assigns of the respective parties h reto; and that the singular number shall include the plural, the plural the singular, and the use any gender shall be applicable to all genders. jecuted the day and date first written above. Flo County State of Last Chance ditch Company, a Colorado nonprofit corporation By ✓ James French, President Harold Nelson, Secretary SS olorado Appendix 5 to Loan Contact C150318 Page 2 of 3