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<br /> 3468246 04/11/2007 02:27P Weld County, CO
<br /> 2 of 3 R 16.00 D 0.00 Steve Moreno Clerk& Recorder
<br /> piuueeas of said sale, the PUBLIC TRUSTEE shall retain or pay first all fees, charges and costs
<br /> and all moneys advanced for taxes, insurance and assessments, or on any prior encumbrance,
<br /> with interest thereon and pay the principal and interest due on said Promissory Note, rendering
<br /> the overplus, if any, unto the GRANTOR; and after the expiration of the time of redemption, the
<br /> PUBLIC TRUSTEE shall execute and deliver to the purchaser a deed to the COLLATERAL sold. The
<br /> BENEFICIARY may purchase said COLLATERAL or any part thereof at such sale.
<br /> The GRANTOR covenants that at the time of the deli of these presents, it is well
<br /> seized of the COLLATERAL in fee simple, and has full po authority to grant,
<br /> bargain, sell and convey the same in the manner and for s - he GRANTOR fully
<br /> waives and releases all rights and claims it may have it.: >to said • ., L as a Homestead
<br /> Exemption or other exemption, now or hereafter r • . The GRANTOR further
<br /> covenants that the collateral is free and clear of all lie ■ e . . 14r. ~r, s ,. atever and that
<br /> the GRANTOR shall warrant and forever defend the COLLAT ".- q ',-; and peaceable
<br /> possession of the PUBLIC TRUSTEE, its successors and assigns, agains . ` a.--•very 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 /> 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 assigns,
<br /> then said principal sum hereby secured, and interest thereon, may at once, at the option of the
<br /> BENEFICIARY, become due and payable, and the said COLLATERAL be sold in the manner and
<br /> with the same effect as if said indebtedness had matured, and that if foreclosure be made by
<br /> the PUBLIC TRUSTEE, an attorney's fee in a reasonable amount for services in the supervision of
<br /> said foreclosure proceedings shall be allowed by the PUBLIC TRUSTEE as a part of the cost of
<br /> foreclosure, and if foreclosure be made through the courts a reasonable attorney's fee shall be
<br /> 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 /> Executed the day and date first written above.
<br /> Platte Valley Irrigation Company, a Colorado
<br /> / N ' P i, � nonprofit corporation
<br /> „-;./.. —r. .7.: ---le:1':".‘
<br /> .,,ge,,_,L1'...zzer- _
<br /> 1+ ( T, By
<br /> .1 2 . - . , 1 ,
<br /> Kevin Schmidt, President
<br /> ATTEST: ; ,
<br /> Appendix 5 to Loan Contract C150235
<br /> Page 2 of 3
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