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In case of default in any of said payments of the principal or interest, according <br /> to the terms of said Promissory Note or LOAN CONTRACT, by the GRANTOR, its <br /> successors or assigns, then said principal sum hereby secured, and interest thereon, <br /> may at once, at the option of the BENEFICIARY, become due and payable, and the said <br /> COLLATERAL be sold in the manner and with the same effect as if said indebtedness <br /> had matured, and that if foreclosure be made by the PUBLIC TRUSTEE, an attorney's fee <br /> in a reasonable amount for services in the supervision of said foreclosure proceedings <br /> shall be allowed by the PUBLIC TRUSTEE as a part of the cost of foreclosure, and if <br /> foreclosure be made through the courts a reasonable attorney's fee shall be taxed by <br /> 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 <br /> Deed of Trust is required, the GRANTOR, its successors or assigns will pay the expense <br /> thereof;that all the covenants and agreements contained herein and in the Promissory <br /> Note and LOAN CONTRACT shall extend to and be binding upon the successors or <br /> assigns of the respective parties hereto; and that the singular number shall include the <br /> plural, the plural the singular, and the use of any gender shall be applicable to all <br /> genders. <br /> Executed the day and date first written above. <br /> � ••,...n Steve&Cheryl Moffitt, Grantor <br /> trc, ‘�oai oP -�IIi l- <br /> 4" ;► tom.s4 //� /� �' .! <br /> • By /� — -t' Y 2 1" <br /> t <br /> 411.1 <br /> x S f. .� T, I,. - e &Cheryl Moffitt <br /> 1 LEST: b <br /> Subscribed and sworn before me a Notary <br /> r. .41P/ J Public on this.l_day of ,2ft.QZ <br /> f y ^ My Commission expires_L A.Q(.f.._ •�'N'( A. z'•- <br /> J- . Groo, SecretaryTS-reasurer by rnoff;tt a.Kd •=�P•. <br /> Che-4,161 Moffitt- <br /> County of ) '"i / •• � . NOTARY ' m <br /> 1 +j1 i/ l✓� �-•_ <br /> State of Colorado ) SS iy ,a': PUBLIC <br /> ) •9.•• �: <br /> The foregoing instrument was acknowledged before me this day • ••.......• ' <br /> • <br /> 2007, by Steve & Cheryl Moffitt and John W. Groo, as stockholder and Secretary- <br /> Treasurer, respectively, of Bull Creek Reservoir Canal & Power Company. Witness <br /> my hand and official seal. <br /> Notary Public <br /> My commission expires <br /> Return recorded deed of trust to: CWCB Finance Section,Attn: Contract Manager, 1580 <br /> Logan Street, Suite 750, Denver CO 80203 (Phone Number 303-866-3462) <br /> Appendix 39 to Loan Contract Cl5240 <br />