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insurance or make any further payments required by this paragraph. In the event of the sale or transfer of the
<br />Property, the beneficiary, at its option, may declare the entire balance of the note immediately due and payable.
<br />And that In case of any default, whereby the right of foreclosure occurs hereunder, the PUBLIC TRUSTEE,
<br />the State as holder of the note, or the holder of a certificate of purchase, shall at once become entitled to the
<br />possession, use and enjoyment of the Property aforesaid, and to the rents, issues and profits thereof, from the
<br />accruing of such right and during the pendency of foreclosure proceedings and the period of redemption, if any there
<br />be, and such possession shall at once be delivered to the PUBLIC TRUSTEE, the State as holder of the note, or the
<br />holier of said certificate of purchase on request, and on refusal, the delivery of the Property may be enforced by the
<br />PUBLIC TRUSTEE, the State as holder of the note, or the holder of said certificate of purchase by an appropriate civil
<br />suit or proceeding, and the PUBLIC TRUSTEE, or the holder of said note or certificate of purchase, or any thereof,
<br />shall be entitled to a Receiver for said Property, and of the rents, issues and profits thereof, after such default,
<br />Including the time covered by foreclosure proceedings and the period of redemption, if any there be, and shall be
<br />entitled thereto as a matter of right without regard to the solvency or insolvency of the GRANTOR or of the then
<br />owner of said Property and without regard to the value thereof, and such Receiver may be appointed by any court of
<br />competent jurisdiction upon ex parte application and without notice - notice being hereby expressly waived - and all
<br />rents, issues and profits, income and revenue therefrom shall be applied by such Receiver to the payment of the
<br />indebtedness hereby secured, according to the law and the orders and directions of the court.
<br />And, that in case of default in any of said payments of principal or interest, according to the tenor and effect
<br />of said promissory note or any part thereof, or of a breach or violation of any of the covenants or agreements
<br />contained herein and in the Contract, by the GRANTOR, its successors or assigns, then and in that case the whole of
<br />said principal sum hereby secured, and the interest thereon to the time of the sale, may at once, at the option of the
<br />legal holder thereof, become due and payable, and the said Property be soli 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 attorney's fee in a
<br />reasonable amount for services in the supervision of said foreclosure proceedings shall be allowed by the PUBLIC
<br />TRUSTEE as a part of the cost of foreclosure, and if foreclosure be made through the courts a reasonable attorney's
<br />fee shall be taxed by the court as a 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 is required,
<br />the GRANTOR, its successors or assigns will pay the expense thereof; that all the covenants and agreements
<br />contained herein and in the Contract shall extend to and be binding upon the successors or assigns of the respective
<br />parties hereto; and that the singular number shall include the plural, the plural the singular, and the use of any gender
<br />shall be applicataati�ders.
<br />dag�atrtle first written above.
<br />Ute Water Con " strict
<br />�I ��
<br />Robert L. Esberry, President
<br />r
<br />A
<br />State of Colorado )
<br />County of �� s' �/ ) ss.
<br />The foregoing instrument was acknowledged before me this /,-)- day of Zppp,
<br />by Robert L. Elsbeny as President and Jacque S;S�tness my hapfl apd official seal.
<br />MY commission expires <2 3
<br />! % "11i1!f 1'11ti4 {1,�
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