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s <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 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, except for any existing lien(s) identified in Section 5 (Schedule of Existing Debt) <br /> of Appendix 1 of the Loan Contract, the collateral is free and clear of all liens and encumbrances <br /> whatever and that the GRANTOR shall warrant and forever defend the COLLATERAL in the quiet <br /> and peaceable possession of the PUBLIC TRUSTEE, its successors and assigns, against all and <br /> every person or 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 /> Fisher Ditch Company, a Colorado nonprofit <br /> corporation <br /> (SEAL) <br /> 1 , <br /> By I 11 <br /> is 1=rd Belt, President <br /> ATTEST: <br /> By A -OA titA Ala - <br /> Amy illhite, Secretary-Treasurer <br /> rAl I:0 <br /> Appendix 5 to Loan Contract C15031 <br /> Page 2 of 3 <br /> Pi FULL <br />