C153748 Paid in Full Loan Compliance Confirmaton

• Contract/PO #: C153748
• Contractor Name: Excelsior Irrigating Company
• Contract Type: Loan
• Loan Projects - Doc Type: Contract Documents

_ II 141404ll ll I II I II II ll II ll II
Page: 32 of
12/03/32
2001 830 8:5 w
308:50E
ChrisC.Munoz PuebloCtyClk&Rec RM TD R 15.00 D 0.00
And that in case of any derauit, wnereoy me rignt or roreciosure occurs hereunder, the PUBLIC
TRUSTEE, the State as holder of the note, or the holder of a certificate of purchase, shall at once
become entitled to the possession, use and enjoyment of the Property aforesaid, and to the rents,
issues and profits thereof, from the accruing of such right and during the pendency of foreclosure
proceedings and the period of redemption, if any there be, and such possession shall at once be
delivered to the PUBLIC TRUSTEE, the State as holder of the note, or the holder of said certificate of
purchase on request and on refusal, the delivery of the Property may be enforced by the PUBLIC
TRUSTEE, the State as holder of the note, or the holder of said certificate of purchase by an
appropriate civil suit or proceeding, and the PUBLIC TRUSTEE, or the holder of said note or certificate
of purchase, or any thereof, shall be entitled to a Receiver for said Property, and of the rents, issues
and profits thereof, after such default, including the time covered by foreclosure proceedings and the
period of redemption, if any there be, and shall be entitled thereto as a matter of right without regard
to the solvency or insolvency of the GRANTOR or of the then owner of said Property and without
regard to the value thereof, and such Receiver may be appointed by any court of competent
jurisdiction upon ex parte application and without notice - notice being hereby expressly waived - and
all rents, issues and profits, income and revenue therefrom shall be applied by such Receiver to the
payment of the indebtedness hereby secured, according to the law and the orders and directions of
the court.
And, that in case of default in any of said payments of principal or interest, according to the
tenor and effect of said promissory note or any part thereof, or of a breach or violation of any of the
covenants or agreements contained herein and in� ;tire ontrrct, by the GRANTOR, its personal
representatives or assigns, then and in that case the Itp ; slid ; i ,eipal sum hereby secured, and
the interest thereon to the time of the sale, may at, , ti,• :in of the legal holder thereof,
become due and payable, and the said Property be sold in the manner and with the same effect as if
said indebtedness had matured, and that i c -s -1i.7m.,cj by1the PUBLIC TRUSTEE, an
attorney's fee in a reasonable amount for sere .e he e isi.r1.•f s' d foreclosure proceedings
shall be allowed by the PUBLIC TRUSTEE as a' g1t t o 0-4 ' ..f, :, and if foreclosure be
made through the courts a reasonable attorney's fee shall be taxed by the court as a part of the cost
of such foreclosure proceedings.
It is further understood and agreed, that if a release or a partial release of this Deed of Trust
is required, the GRANTOR, its successors or assigns will pay the expense thereof; that all the
covenants and agreements contained herein and in the Contract shall extend to and be binding upon
the heirs or assigns of the respective parties hereto; and that the singular number shall include the
plural, the plural the singular, and the use of any gender shall be applicable to all genders.
Executed the day and date first written above.
GRANTOR: C.R. Evans
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State of Colorado )
) ss.
County of Pueblo ) �,
l )/�YylIY"
The foregoing instrument was acknowledged before me this �;�� day of .D.cte{ 1' 2001, by C.R.
Evans. Witness my hand and official seal. / ,a.i
I �.�5`t A. G,�.....t/./
Leif ,( ' , /4"--./ :./10.1..
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My commission expires: cVE .2 o M - •—
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