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., <br />B•_eoK26 dam' 3 pf:tc�§ �=4 3 9 <br />To have and to hold the same, together with all and singular the privileges and appurtenances thereunto <br />belonging: In Trust nevertheless, that in case of default in the payment of said note, or any part thereof, or in the <br />payment of the interest thereon, according to the tenor and effect of said note or in the payment of any prior <br />encumbrances, principal or interest, if any, or in case default shall be made in or in case of violation or breach of any <br />of the terms, conditions, covenants or agreements contained in the Contract, the beneficiary hereunder may declare a <br />violation of any of the covenants contained in the Contract and elect to advertise said Property for sale, and demand <br />such sale by filing a notice of such election and demand for sale with the PUBLIC TRUSTEE. Upon receipt of such <br />notice of election and demand for sale, the PUBLIC TRUSTEE shall cause a copy of the same to be recorded in the <br />recorder's office of the county in which said Property is situated, it shall and may be lawful for the PUBLIC TRUSTEE <br />to sell and dispose of the same (en masse or in separate parcels, as the said PUBLIC TRUSTEE may think best), and <br />all the right, title and interest of the GRANTOR, its successors or assigns therein, at public auction at such time and at <br />such location as shall be designated in the PUBLIC TRUSTEE'S notice of Sale, for the highest and best price the <br />same will bring in cash, four weeks public notice having been previously given of the time and place of such sale, <br />advertisement once each week for five consecutive weeks, in some newspaper of general circulation at that time <br />published in said County of Mesa, a copy of which notice shall be mailed within ten days from the date of the first <br />publication thereof to the GRANTOR at the address herein given and to such person or persons appearing to have <br />acquired a subsequent record interest in said Property at the address given in the recorded instrument; where only the <br />county and state is given as the address then such notice shall be mailed to the county seat, and to make and give to <br />the purchaser of the Property at such sale, a certificate in writing describing the Property purchased, and the sum paid <br />therefor, and the time when the purchaser (or other person entitled thereto) shall be entitled to the deed therefor, <br />unless the some shall be redeemed as is provided by law; and said PUBLIC TRUSTEE shall, upon demand by the <br />person holding the said certificate of purchase, when said demand is made, or upon demand by the person entitled to <br />a deed to and for the Property purchased, at the time such demand is made, the time for redemption having expired, <br />make and execute to such person a deed to the Property purchased, which said deed shall be in the ordinary form of <br />a conveyance, and shall be signed, acknowledged and delivered by the said PUBLIC TRUSTEE and shall convey and <br />quitclaim to such person entitled to such deed, the Property purchased as aforesaid and all the right, title, interest, <br />benefit and equity of redemption of the GRANTOR, its successors and assigns made therein, and shall recite the sum <br />for which the said Property was sold and shall refer to the power of sale therein contained, and to the sale made by <br />virtue thereof; and in case of an assignment of such certificate of purchase, or in case of the redemption of the <br />Property, by a subsequent encumbrance, such assignment or redemption shall also be referred to in such deed; but <br />the notice of sale need not be set out in such deed and the PUBLIC TRUSTEE shall, out of the proceeds or avails of <br />such sale, after first paying and retaining all fees, charges and costs of making said sale, pay to the beneficiary <br />hereunder the principal and interest due on said note according to the tenor and effect thereof, and all moneys <br />advanced by such beneficiary or legal holder of said note for insurance, taxes and assessments, with interest thereat <br />at ten per cent per annum, rendering the surplus, if any, unto the GRANTOR, its legal representatives or assigns; <br />which sale and said deed so made shall be a perpetual bar, both in law and equity, against the GRANTOR, its <br />successors and assigns, and all other persons claiming the Properly, or any part thereof, by, from, through or under <br />the GRANTOR, or any of them. The holder of said note may purchase Property or any part thereof; and it shall not be <br />obligatory upon the purchaser at any such sale to see to the application of the purchase money. <br />And the GRANTOR, for itself and its successors or assigns covenants and agrees to and with the PUBLIC <br />TRUSTEE, that at the time of the unsealing of and delivery of these presents, it is well seized of the Property in fee <br />simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in the manner <br />and form as aforesaid; hereby fully and absolutely waiving and releasing all rights and claims it may have in or to said <br />Property as a Homestead Exemption, or other exemption, under and by virtue of any act of the General Assembly of <br />the State of Colorado, or as any exemption under and by virtue of any act of the United States Congress, now existing <br />or which may hereafter be passed In relation thereto and that the same is free and clear of all liens and <br />encumbrances whatever, and the above bargained Property in the quiet and peaceable possession of the PUBLIC <br />TRUSTEE, Its successors and assigns, against all and every person or persons lawfully claiming or to claim the whole <br />or any part thereof, the GRANTOR shall and will Warrant and Forever Defend. <br />Until payment in full of the indebtedness, the GRANTOR shall timely pay all taxes and assessments levied on <br />the Property; any and all amounts due on account of principal and interest or other sums on any senior <br />encumbrances, if any; and will keep the Property insured in accordance with the requirements of the Contract. Should <br />the GRANTOR fail to insure the Property in accordance with the Contract or to pay taxes or assessments as the same <br />fall due, or to pay any amounts payable upon senior encumbrances, if any, the beneficiary may make any such <br />payments or procure any such insurance, and all monies so paid with interest thereon at the rate of ten percent (10 %) <br />per annum shall be added to and become a part of the indebtedness secured by this Deed of Trust and may be paid <br />out of the proceeds of the sale of the Property if not paid by the GRANTOR. In addition, and at Its option, the <br />beneficiary may declare the indebtedness secured hereby and this Deed of Trust to be in default for failure to procure <br />