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C150344 Contract
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C150344 Contract
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Last modified
9/13/2016 8:25:16 AM
Creation date
4/23/2013 11:49:51 AM
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Loan Projects
Contract/PO #
CT2015-017
C150344
Contractor Name
Bergen Ditch and Reservoir Company
Contract Type
Loan
Water District
9
County
Jefferson
Loan Projects - Doc Type
Contract Documents
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sale. <br />The GRANTOR covenants that at the time of the delivery of these presents, it is well <br />seized of the COLLATERAL in fee simple, and has full power and lawful authority to grant, <br />bargain, sell and convey the same in the manner and form as aforesaid. The GRANTOR fully <br />waives and releases all rights and claims it may have in or to said COLLATERAL as a Homestead <br />Exemption or other exemption, now or hereafter provided by law. The GRANTOR further <br />covenants that the COLLATERAL is free and clear of all liens and encumbrances whatever and <br />that the GRANTOR shall warrant and forever defend the COLLATERAL in the quiet and peaceable <br />possession of the PUBLIC TRUSTEE, its successors and assigns, against all and every person or <br />persons lawfully claiming or to claim the 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 <br />and interest or other sums on any senior encumbrances, if any; and will keep the COLLATERAL <br />insured in accordance with the requirements of the LOAN CONTRACT. In the event of the sale or <br />transfer of the COLLATERAL, the BENEFICIARY, at its option, may declare the entire balance of the <br />PROMISSORY NOTE immediately due and payable. <br />In case of default in any of said payments of the principal or interest, according to the <br />terms of said PROMISSORY NOTE or LOAN CONTRACT, by the GRANTOR, its successors or <br />assigns, then said principal sum hereby secured, and interest thereon, may at once, at the <br />option of the BENEFICIARY, become due and payable, and the said COLLATERAL be sold in the <br />manner and with the same effect as if said indebtedness had matured, and that if foreclosure <br />be made by the PUBLIC TRUSTEE, an attorney's fee in a reasonable amount for services in the <br />supervision of said foreclosure proceedings shall be allowed by the PUBLIC TRUSTEE as a part of <br />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 <br />TRUST is required, the GRANTOR, its successors or assigns will pay the expense thereof; that all <br />the covenants and agreements contained herein and in the PROMISSORY NOTE and LOAN <br />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 <br />the use of any gender shall be applicable to all genders. <br />Appendix 5 to Loan Contract C150344 <br />Page 2 of 3 <br />
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