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I 11111 111111111111 I 11111 IIIII III Hill 1111 1111
<br /> 154096 09/29/1998 03:57P DT L. Nichols
<br /> 2 of 2 R 11.00 D 0.00 N 0.00 Crowley County,Co
<br /> see to the application!of the purchase money.
<br /> And the GRANTOR, for 'tself and its successors or assigns covenants and agrees to and with the PUBLIC TRUSTEE,
<br /> that at ime of the delivery o' these presents it is well seized of the Property in fee simple, and has good right, full power
<br /> and lawful authority tp 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 sam is free and clear of 211 liens and encumbrances whatever, and the above bargained Property in the quiet and
<br /> peaceable possession of the Pt.BLIC 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 GRANTOR shall and will Warrant and Forever Defend.
<br /> Until payment in full o the indebtedness, the GRANTOR shall timely pay all taxes and assessments levied on the
<br /> Property and any and all amot,nts due on account of principal and interest or other sums on any senior encumbrances, if
<br /> any. Should the GRANTOR 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 proceecs of the sale of the Property if not paid by the GRANTOR. In addition, and at its option, the
<br /> beneficiary may declare the inc ebtedness secured hereby and this Deed of Trust to be in default for failure to make any
<br /> further paayments req fired 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 PUBLIC T RUSIEE, the Slate
<br /> as holder of the note, or the hclder 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 foregllosure proceedings and the period of redemption, if any there be, and such possession shall at once be
<br /> delivered to the PUBLIC TRUSTEE, 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 PUBLIC TRUSTEE,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 PUBLIC TRUSTEE, or the holder of said note or
<br /> certificate f purchas , or any hereof, shall be entitled to a Receiver for said Property, and of the rents, issues and profits
<br /> thereof, after such d fault, including the time covered by foreclosure proceedings and the period of redemption, if any there
<br /> be, and Shall be enti led thereto as a matter of right without regard to the solvency or insolvency of the GRANTOR or of the
<br /> then owner of said P operty and without regard to the value thereof, and such Receiver may be appointed by any court of
<br /> competent jurisdictio 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 STATE shall give the GRANTOR written
<br /> notice of any alleged default and an opportunity to cure within thirty (30) days of receipt of such notice before the
<br /> GRANTOR shall be coisidered 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 /> promissdry 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 GRANTOR, `ts personal representatives or assigns, then and in that case the whole of said principal sum
<br /> hereby secured, an 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 he 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 Punic TRUSTEE, an attorney's fee in a reasonable amount for services in the
<br /> supervision f ' oreasonable allowed
<br /> by TRUSTEE part t of foreclosure, and if
<br /> foreclosure be made through t ec urts proceedings atto nes fee shall be taxed by the court as a part of the cost of such
<br /> foreclosure proceedings.
<br /> it is furfho' understood and agreed, that if a release or a partial release of this Deed of Trust is required, the
<br /> GRANTO , its successors or assigns will pay the expense thereof; that all the covenants and agreements contained herein
<br /> and in t e Contract shall extend to and be binding upon the heirs or assigns of the respective parties hereto; and that the
<br /> singular umber sha'I include tile plural,the plural the singular, and the use of any gender shall be applicable to all genders.
<br /> Executed tf�e day and date first written above.
<br /> .4".7,,,,.//i/ti,:z:/j.d.,
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<br /> t Rodney J. Preisser
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<br /> �p • -T ev4 1 ,�gtrument was acknowledged before me this.-- day of
<br /> yam,,{©,per'a4rt � 4"queer. Witness my hand and official seal. ,
<br /> n • i
<br /> F, ,. 0 �,,\‘ --z Notary Public
<br /> 'IMy,00 t1iission expires -
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