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257485 <br />B -524 P -97 06/10/96 11:02A PG 2 01 <br />form as afores id; hereby fully and absolutely waiving and releasing all rights and claims it may have in or to said Property <br />as a Homeste Exemption, or other exemption, under and by virtue of any act of the General Assembly of the State of <br />Colorado, or a any exemption under and by virtue of any act of the United States Congress, now existing or which may <br />hereafter be p sed in relation thereto and that the same is free and clear of all liens and encumbrances whatever, and the <br />above bargain Property in the quiet and peaceable possession of the PUBLIc TRUSTEE, its heirs and assigns, against all and <br />every person o persons lawfully claiming or to claim the whole or any part thereof, the GRANTOR shall and will Warrant and <br />Forever Defen . <br />Until p iyment in full of the indebtedness, the GRANTOR shall timely pay all taxes and assessments levied on the <br />Property; any nd all amounts due on account of principal and interest or other sums on any senior encumbrances, if any; <br />and will keep a Property insured in accordance with the requirements of the Contract. Should the GRANTOR fail to insure <br />the Property ir accordance with the Contract or to pay taxes or assessments as the same fall due, or to pay any amounts <br />payable upon enior encumbrances, if any, the beneficiary may make any such payments or procure any such insurance, and <br />all monies so aid with interest thereon at the rate of ten percent (10%) per annum shall be added to and become a part of <br />the indebtedn ss secured by this Deed of Trust and may be paid out of the proceeds of the sale of the Property if not paid <br />by the GRANTO 1. In addition, and at its option, the beneficiary may declare the indebtedness secured hereby and this Deed <br />of Trust to be n default for failure to procure insurance or make any further payments required by this paragraph. <br />And fn case Of aNJ dC 0l , whereby the right of foreclosure occurs hereunder, the PUBLIC TRUSTEE, the State as <br />holder of the ote, or the holder of a certificate of purchase, shall at once become entitled to the possession, use and <br />enjoyment of 1 he Property aforesaid, and to the rents, issues and profits thereof, from the accruing of such right and during <br />the pendency of foreclosure proceedings and the period of redemption, if any there be, and such possession shall at once <br />be delivered to the PUBLIC TRUSTEE, the State as holder of the note, or the holder of said certificate of purchase on request <br />and on refusa , the delivery of the Property may be enforced by the PUBLIC TRUSTEE, the State as holder of the note, or the <br />holder of said certificate of purchase by an appropriate civil suit or proceeding, and the PUBLfc TRUSTEE, or the holder of said <br />note or certifi ate of purchase, or any thereof, shall be entitled to a Receiver for said Property, and of the rents, issues and <br />profits thereo , after such default, including the time covered by foreclosure proceedings and the period of redemption, if any <br />there be, and shall be entitled thereto as a matter of right without regard to the solvency or insolvency of the GRANTOR or <br />of the then ov ner of said Property and without regard to the value thereof, and such Receiver may be appointed by any court <br />of competent urisdiction upon ex parte application and without notice - notice being hereby expressly waived - and all rents, <br />issues and pr fits, income and revenue therefrom shall be applied by such Receiver to the payment of the indebtedness <br />hereby securE d, according to the law and the orders and directions of the court. <br />Mot I hat in case of default in any of said payments of principal or interest, according to the tenor and effect of said <br />promissory no to or any part thereof, or of a breach or violation of any of the covenants or agreements contained herein and <br />in the Contra , by the GRANTOR, its personal representatives or assigns, then and in that case the whole of said principal sum <br />hereby secur d, and the interest thereon to the time of the sale, may at once, at the option of the legal holder thereof, <br />become due i nd payable, and the said Property be sold in the manner and with the same effect as if said indebtedness had <br />matured, and hat if foreclosure be made by the PUBLfc TRUSTEE, an attorney's fee in a reasonable amount for services in the <br />supervision o said foreclosure proceedings shall be allowed by the PUBLIC TRUSTEE as a part of the cost of foreclosure, and <br />if foreclosure a made through the courts a reasonable attorney's fee shall be taxed by the court as a part of the cost of such <br />foreclosure p oceedings. <br />I[f f5 iufia HHACawd gnd qffCCd, that if a release of this Deed of Trust is required, the GRANTOR, its heirs or assigns <br />will pay the eKpense thereof; that an the covenants and agreements contained herein and in the Contract shall extend to and <br />be binding u on the heirs or assigns of the respective parties hereto; and that the singular number shall include the plural, <br />the plural thE singular, and the use of any gender shall be applicable to all genders. <br />Exec ted this &) day of Aku 1995. <br />J <br />Caryl R. Car I <br />State of FLORIDA <br />SS <br />County of BREVARD J <br />The foregoi instrument was acknowledged before me this f> day of A 0 L /E✓11._ -6e2 1995, <br />by /^ t J:' [ _ !__ Witness my hand and official seal. <br />�PaY PVe OFFICIAL NOTARY SEAL Notary Public JEAN M. CURRA <br />1, JEAN M CURRAN <br />My commis ion expires O F� + * COMM1sSfON NUMBER <br />r, Q CC214789 <br />9lf �A ■rY COMMISSfOTa EXP• <br />AUG. 26,10 <br />