|
tk -
<br /> Book: 2991 Page: 64 Chris C. Munoz
<br /> p Page: 2 of 2 Pueblo Co.Clk.&Rec.
<br /> Q Until payment in full of the indebtedness, the GRANTOR shall timely pay all taxes and assessments levied on the Property;
<br /> any and all amounts due on account of principal and interest or other sums on any senior encumbrances, if any;and will keep the
<br /> Property insured in accordance with the requirements of the Contract. Should the GRANTOR fail to insure the Property in
<br /> E. accordance with the Contract or to pay taxes or assessments as the same fall due,or to pay any amounts payable upon senior
<br /> encumbrances, if any,the beneficiary may make any such payments or procure any such insurance, and all monies so paid with
<br /> , interest thereon at the rate of ten percent(10%)per annum shall be added to and become a part of the indebtedness secured by
<br /> this Deed of Trust and may be paid out of the proceeds of the sale of the Property if not paid by the GRANTOR. In addition, and at
<br /> ' its option, the beneficiary may declare the indebtedness secured hereby and this Deed of Trust to be in default for failure to
<br /> procure insurance or make any further payments required by this paragraph. In the event of the sale or transfer of the Property,
<br /> the beneficiary,at its option, may declare the entire balance of the note immediately due and payable.
<br /> And that in case of any default, whereby the right of foreclosure occurs hereunder, the PUBLIC TRUSTEE, the State as
<br /> holder of the note,or the holder of a certificate of purchase,shall at Once become entitled to the possession, use and enjoyment
<br /> of the Property aforesaid,and to the 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 once be delivered to the
<br /> PUBLIC TRUSTEE, the State as holder of the note, or the holder of said certificate of purchase on request, and on refusal, the
<br /> 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
<br /> purchase by an appropriate civil suit or proceeding, and the PUBLIC TRUSTEE,or the holder of said note or certificate of purchase,
<br /> or any thereof, shall be entitled to a Receiver for said Property, and of the rents, issues and profits thereof, after such default,
<br /> including the time covered by foreclosure proceedings and the period of redemption, if any there be, and shall be entitled thereto
<br /> 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
<br /> regard to the value thereof,and such Receiver may be appointed by any court of competent jurisdiction upon ex parte application
<br /> arid without notice-notice being hereby expressly waived-and all rents, issues and profits, income and revenue theieico i shall
<br /> be applied by such Receiver to the payment of the indebtedness hereby secured, according to the law and the orders and
<br /> directions of the court.
<br /> And, that in case of default in any of said payments of principal or interest, according to the tenor and effect of said
<br /> promissory note or any part thereof,or of a breach or violation of any of the covenants or agreements contained herein and in the
<br /> Contract, by the GRANTOR, its successors 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, become due and payable, and
<br /> the said Property be sold in the manner and with the same effect as if said indebtedness had matured, and that if foreclosure be
<br /> made by the PUBLIC TRUSTEE, an attomey'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 foreclosure be made through the
<br /> courts a reasonable attorney's fee shall be taxed by 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 Deed of Trust is required,the GRANTOR, its
<br /> successors or assigns will pay the expense thereof;that all the covenants and agreements contained herein and in the Contract
<br /> shall extend to and be binding upon the successors or assigns of the respective parties hereto;and that the singular number shall
<br /> include 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 /> C GRANTOR: C. R. Evans
<br /> • T, „ -'
<br /> State of Colord`
<br /> SS.
<br /> County of Lti )
<br /> The foregoing instrument was acknowledged before me this .bli:day of ..)----)-DkJ..., 1997,
<br /> by C. R. Evans. Witness my hand and official seal.
<br /> 71 ,10,,4 „.ri
<br /> Jotary Public L„1h1
<br /> My commission expires J r -- 16 -- ri i
<br /> 1166275
<br /> < i.•• (/',.,= COLORADO WATER CONSERVATION 7�
<br /> z c. �`r,- , r,y " fi;Fi �� �B�r �^. 721 STATE CENTENNIAL BLDG
<br /> a` ' 1313 SHERMAN ST
<br /> =; I alk 1 . MAY 0 8 1997 DENVER CO
<br /> ."1” ) fil' :r
<br /> 80203
<br /> GC
<br /> C; c ,N Conservation Boar(; Atto: BARBARA
<br /> i"ri,/,u,,,,,,o0''
<br />
|