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<br />iS4096 09/29/3998 03:S7P DT L. Nsehois
<br />2 of 2 R 11.00 D 0.00 N 0.00 Crowley Counly,Co
<br />see to the application of the purchase money.
<br />And the Gw4rrroR, for itself and its successors or assigns covenants and agrees to and with the Pue�ic TRUSTee,
<br />that at the time of the delivery of these presents it is well seized of the Property in fee simple, and has good right, full power
<br />and lawful authority to grant, bargain, sell and convey the same in the manner and form as aforesaid; hereby fully and
<br />absolutely waiving and releasing all rights and claims it may have in or to said Property as a Homestead Exemption, or other
<br />exemption, under and by virtue of any act of the General Assembly of the State of Colorado, or as any exemption under and
<br />by virtue of any act of the United States Congress, now existing or which may hereafter be passed in relation thereto and that
<br />the same is free and clear of all liens and encumbrances whatever, and the above bargained Property in the quiet and
<br />peaceable possession of the Pueuc TRUSTEe, its successors and assigns, against all and every person or persons lawfully
<br />claiming or to claim the whole or any part thereof, the G�t�roR shall and will Warrant and Forever Defend.
<br />Until payment in full of the indebtedness, the Gw4nrroR shall timely pay all taxes and assessments levied on the
<br />Property and any and all amounts due on account of principal and interest or other sums on any senior encumbrances, if
<br />any. Should the GwarrroR fail to pay taxes or assessments as the same fall due, or to pay any amounts payable upon senior
<br />encumbrances, if any, the beneficiary may make any such payments, and all monies so paid with interest thereon at the rate
<br />of ten percent (10%) per annum shall be added to and become a part of the indebtedness secured by this Deed of Trust and
<br />may be paid out of the proceeds of the sale of the Property if not paid by the Gt�rJ►'oR. 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 make any
<br />further payments required by this paragraph. In the event of the sale or transfer of the Property, the beneficiary, at its option,
<br />may declare the entire balance of the Promissory Note immediately due and payable.
<br />And that in case of any default, whereby the right of foreclosure occurs hereunder, the Pueuc i�tusrtE, the Slaie
<br />as holder of the note, or the holder of a certificate of purchase, shall at once become entitled to the possession, use and
<br />enjoyment of the 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 be
<br />delivered to the Pueuc TRUS�e, the State as holder of the note, or the holder of said certificate of purchase on request and
<br />on refusal, the delivery of the Property may be enforced by the Pueuc TRUS�e, the State as holder of the note, or the holder
<br />of said certificate of purchase by an appropriate civil suit or proceeding, and the Pus�ic TRUS�e, or the holder of said note or
<br />certificate of purchase, or any thereof, shall be entitled to a Receiver for said Property, and of the rents, issues and profits
<br />thereof, after such default, including the time covered by foreclosure proceedings and the period of redempfion, if any there
<br />be, and shall be entitled thereto as a matter of right without regard to the solvency or insolvency of the GwarrroR or of the
<br />then 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 rents,
<br />issues and profits, income and revenue therefrom shall be applied by such Receiver to the payment of the indebtedness
<br />hereby secured, according to the law and the orders and directions of the court. The STAr� shall give the Gw�,rrroR written
<br />notice of any alleged default and an opportunity to cure within thirty (30) days of receipt of such notice before the
<br />GRa,rJ►'oR shall be considered in default for purposes of this deed of trust.
<br />And, that in case of default in any of said payments of principal or interest, according to the tenor and effect of said
<br />promissory note or any part thereof, or of a breach or violation of any of the covenants or agreements contained herein and in
<br />the Contract, by the Gwanrr'oR, its personal representatives or assigns, then and in that case the whole of said principal sum
<br />hereby secured, and the interest thereon to the time of the sale, may at once, at the option of the legal holder thereof,
<br />become due and payable, and the said Property be sold in the manner and with the same effect as if said indebtedness had
<br />matured, and that if foreclosure be made by the Pueuc TRUS�e, an attomey's fee in a reasonable amount for services in the
<br />supervision of said foreclosure proceedings shall be allowed by the Pue�tc TRUS�e as a part of the cost of foreclosure, and if
<br />foreclosure be made through the courts a reasonable attomey's fee shall be taxed by the court as a pa�t of the cost of such
<br />foreclosure proceedings.
<br />!t is'urth�r undeFSte�t��nc� ��reed, that if a release or a partial release of this Deed of Trust is required, the
<br />Gtv�rrroR, its succ�qrs �r assigng will pay the expense thereof, that all the covenants and agreements contained he�ein
<br />and in the Con+�ct,sh�ll e�tend't# and be binding upon the heirs or assigns of the respective parties hereto; and that the
<br />singular number s�iall include the plu_r�l, tri� plural the singular, and the use of any gender shall be ap�licable to all genders.
<br />�xecutedtFie da� �ratl �ia�e fi�st �Vr�� above.
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<br />�rument was acknowledged before me this��day of ���UsT /��� , by
<br />3er. Witness my hand and official seal.
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<br />expires �� _ _ �- " '
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