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1414047
<br /> 01 IN NI jiff llo Page: 3 of 3
<br /> 12/03/2001 08:50F
<br /> ChrisC.Munoz PuebloCtyClk&Rec AM TD R 15.00 D 0.00
<br /> issues and profits thereof, from the accruing of such right and during the pendency of foreclosure
<br /> 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
<br /> purchase on request and on refusal, the delivery of the Property may be enforced by the PUBLIC
<br /> TRUSTEE, the State as holder of the note, or the holder of said certificate of purchase by an
<br /> appropriate civil suit or proceeding, and the PUBLIC TRUSTEE, or the holder of said note or certificate of
<br /> purchase, or any thereof, shall be entitled to a Receiver for said Property, and of the rents, issues and
<br /> profits thereof, after such default, including the time covered by foreclosure proceedings and the
<br /> period of redemption, if any there be, and shall be entitled thereto as a matter of right without regard
<br /> to the solvency or insolvency of the GRANTOR or of the then owner of said Property and without regard
<br /> to the value thereof, and such Receiver may be appointed by any court of competent jurisdiction upon
<br /> ex parte application and without notice - notice being hereby expressly waived - and all rents, issues
<br /> and profits, income and revenue therefrom shall be applied by such Receiver to the payment of the
<br /> indebtedness hereby secured, according to the law and the orders and directions of the court.
<br /> And, that in case of default in any of said payments of principal or interest, according to the
<br /> tenor and effect of said promissory note or any part thereof, or of a breach or violation of any of the
<br /> covenants or agreements contained herein and in the Contract, by the GRANTOR, its personal
<br /> representatives or assigns, then and in that case the whole of said principal sum hereby secured, and
<br /> 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 the said Property be sold in the manner and with the same effect as if
<br /> said indebtedness had matured, and that if foreclosure be made by the PUBLIC TRUSTEE, an attorney's
<br /> fee in a reasonable amount for services in the supervision of said foreclosure proceedings shall be
<br /> allowed by the PUBLIC TRUSTEE as a part of the cost of foreclosure, and if foreclosure be made
<br /> through the courts a reasonable attorney's fee shall be taxed by the court as a part of the cost of such
<br /> foreclosure proceedings.
<br /> It is further understood and agreed, that if a release or a partial release of this Deed of Trust
<br /> is required, the GRANTOR, its successors or assigns will pay the expense thereof; that all the
<br /> covenants and agreements contained herein and in the Contract shall extend to and be binding upon
<br /> the heirs or 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 genders.
<br /> Executed the day and date first written above.
<br /> GRANTOR: The Excelsior Irrigating Company, a
<br /> ( SEAL ) Colorado mutual ditch company.
<br /> By (!. ���
<br /> C. R. Evans. President
<br /> ATTEST:
<br /> (, �.
<br /> By �.<< t� , .�
<br /> Erin Evans, Secretary
<br /> State of Colorado )
<br /> ) ss.
<br /> County of Pueblo
<br /> {'?o re/414e l'—
<br /> The foregoing instrument was acknowledged before me this � n� day of-Getot-Or,,2001;'by'c. R.
<br /> Evans, as President and Erin Evans as Corporates retary of the Excelsior Irrig� i '�,6a iikiiy,
<br /> Witness my hand and official seal. Q;' ®TA�q L
<br /> '11�. C'-oT17 7Ji 5 ' fl �k %r2s .' 2�� ��o� ;,- /fv _ /14ary ' lie
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<br /> ..*•.0 OF C0V\3
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