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<br /> 1232118 08/03/1998 01:27P TD Chris C. Munoz
<br /> • 3 of 3 R 16.00 D 0.00 Pueblo Ct.y Clk & Rec.
<br /> PUBLIC TRUSTEE, the State as holder of the note, or the holder of a certificate of purchase, shall at
<br /> once become entitled to the possession, use and enjoyment of the Property aforesaid, and to the
<br /> rents, issues and profits thereof, from the accruing of such right and during the pendency of
<br /> foreclosure proceedings and the period of redemption, if any there be, and such possession shall at
<br /> once be delivered to the PUBLIC TRUSTEE, the State as holder of the note, or the holder of said
<br /> certificate of purchase on request and on refusal, the delivery of the Property may be enforced by
<br /> the PUBLIC TRUSTEE, the State as holder of the note, or the holder of said certificate of purchase by
<br /> an appropriate civil suit or proceeding, and the PUBLIC TRUSTEE, or the holder of said note or
<br /> certificate of purchase, or any thereof, shall be entitled to a Receiver for said Property, and of the
<br /> rents, issues and profits thereof, after such default, including the time covered by foreclosure
<br /> proceedings and the period of redemption, if any there be, and shall be entitled thereto as a matter
<br /> of right without regard to the solvency or insolvency of the GRANTOR or of the then owner of said
<br /> Property and without regard to the value thereof, and such Receiver may be appointed by any court
<br /> of competent jurisdiction upon ex parte application and without notice - notice being hereby
<br /> expressly waived - and all rents, issues and profits, income and revenue therefrom shall be applied
<br /> by such Receiver to the payment of the indebtedness hereby secured, according to the law and the
<br /> 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,
<br /> and the interest thereon to the time of the sale, may at once, at the option of the legal holder
<br /> thereof, become due and payable, and the said Property be sold in the manner and with the same
<br /> effect as if said indebtedness had matured, and that if foreclosure be made by the PUBLIC TRUSTEE,
<br /> an attorney's fee in a reasonable amount for services in the supervision of said foreclosure
<br /> proceedings 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 the court as a
<br /> 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 the
<br /> covenants and agreements contained herein and in the Contract shall extend to and be binding
<br /> upon the heirs or assigns of the respective parties hereto; and that the singular number shall include
<br /> the 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: C.R. Evans
<br /> ele
<br /> State of Colorado )
<br /> ) ss.
<br /> County of Pueblo )
<br /> The foregoing instrument was acknowledged before me this 11thday of February, 1998 , by
<br /> ,0°K.Even l
<br /> s. Witness my hand and official seal.
<br /> ic. C- lota Public
<br /> /comkssi expires: 10/16/98
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