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CT2015-164 DOT Filed
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CT2015-164 DOT Filed
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Last modified
11/3/2015 11:34:28 AM
Creation date
11/3/2015 11:34:27 AM
Metadata
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Loan Projects
Contract/PO #
CT2015-164
C150328A
Contractor Name
Two Rivers Water and Farming Company
Contract Type
Loan
County
Pueblo
Loan Projects - Doc Type
Contract Documents
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auction for cash, at any proper place designated in the notice of sale. Out of the proceeds of said sale, the <br /> PUBLIC TRUSTEE shall retain or pay first all fees, charges and costs and all moneys advanced for taxes, insurance <br /> and assessments, or on any prior encumbrance, with interest thereon and pay the principal and interest due on <br /> said PROMISSORY NOTE, rendering the overplus, if any, unto the GRANTOR; and after the expiration of the time of <br /> redemption, the 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 seized of the <br /> COLLATERAL in fee simple, and has full power and lawful authority to grant, bargain, sell and convey the same in <br /> the manner and form as aforesaid. The GRANTOR fully waives and releases all rights and claims it may have in <br /> or to said COLLATERAL as a Homestead Exemption or other exemption, now or hereafter provided by law. The <br /> GRANTOR further 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 possession of the <br /> PUBLIC TRUSTEE, its successors and assigns, against all and every person or persons lawfully claiming or to <br /> claim the whole or any part thereof. <br /> Until payment in full of the indebtedness, the GRANTOR shall timely pay all taxes and assessments levied <br /> on the COLLATERAL; any and all amounts due on account of the principal and interest or other sums on any senior <br /> encumbrances, if any; and will keep the COLLATERAL insured in accordance with the requirements of the LOAN <br /> CONTRACT. In the event of the sale or transfer of the COLLATERAL, the BENEFICIARY, at its option, may declare the <br /> entire balance of the PROMISSORY NOTE immediately due and payable. <br /> In case of default in any of said payments of the principal or interest, according to the terms of said <br /> PROMISSORY NOTE or LOAN CONTRACT, by the GRANTOR, its successors or assigns, then said principal sum <br /> hereby secured, and interest thereon, may at once, at the option of the BENEFICIARY, become due and payable, <br /> and the said COLLATERAL be sold in the manner and with the same effect as if said indebtedness had matured, <br /> and that if foreclosure be made by the PUBLIC TRUSTEE, an attorney's fee in a reasonable amount for services in <br /> the supervision of 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 taxed by the court <br /> 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 TRUST is required, <br /> the GRANTOR, its successors or assigns will pay the expense thereof; that all the covenants and agreements <br /> contained herein and in the PROMISSORY NOTE and LOAN CONTRACT shall extend to and be binding upon the <br /> successors or assigns of the respective parties hereto; and that the singular number shall include the plural, the <br /> plural the singular, and the use of any gender shall be applicable to all genders. <br /> 2019982 TD 10/28/2015 02:26:13 PM <br /> Page: 2 of 3 R 21.00 D 0.00 T 21.00 <br /> Gilbert Ortiz Clerk/Recorder, Pueblo County. Co <br /> 1111 � �Ie�,� t��'s �l K AY. OI II 1 <br /> Appendix A <br /> Page 2 of 3 <br />
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