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CT2018-1335 Contract
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CT2018-1335 Contract
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Last modified
9/27/2017 11:05:58 AM
Creation date
9/27/2017 11:05:46 AM
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Loan Projects
Contract/PO #
CT2018-1335
Contractor Name
Church Ditch Water Authority
Contract Type
Loan
Loan Projects - Doc Type
Contract Documents
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PUBLIC TRUSTEE, after advertising notice of said sale weekly for not less than four weeks in some <br /> newspaper of general circulation in said COUNTY, shall sell said PLEDGED PROPERTY in the manner <br /> provided by law in effect at the time of filing said notice and demand,at public auction for cash, <br /> at any proper place designated in the notice of sale. Out of the proceeds of said sale, the PUBLIC <br /> TRUSTEE shall retain or pay first all fees, charges and costs and all moneys advanced for taxes, <br /> insurance and assessments, or on any prior encumbrance,with interest thereon and pay the <br /> principal and interest due on said PROMISSORY NOTE, rendering the overplus, if any,unto the <br /> GRANTOR;and after the expiration of the time of redemption, the PUBLIC TRUSTEE shall execute <br /> and deliver to the purchaser a deed to the PLEDGED PROPERTY sold. The BENEFICIARY may purchase <br /> said PLEDGED PROPERTY or any part thereof at such sale. <br /> The GRANTOR covenants that at the time of the delivery of these presents, it is well seized <br /> of the PLEDGED PROPERTY in fee simple,and has full power and lawful authority to grant,bargain, <br /> sell and convey the same in the manner and form as aforesaid. The GRANTOR fully waives and <br /> releases all rights and claims it may have in or to said PLEDGED PROPERTY as a Homestead <br /> Exemption or other exemption, now or hereafter provided by law. The GRANTOR further <br /> covenants that the PLEDGED PROPERTY is free and clear of all liens and encumbrances whatever <br /> and that the GRANTOR shall warrant and forever defend the PLEDGED PROPERTY in the quiet and <br /> peaceable possession of the PUBLIC TRUSTEE, its successors and assigns,against all and every <br /> person or persons lawfully claiming or to claim the whole or any part thereof. <br /> Until payment in full of the indebtedness, the GRANTOR shall timely pay all taxes and <br /> assessments levied on the PLEDGED PROPERTY; any and all amounts due on account of the <br /> principal and interest or other sums on any senior encumbrances, if any; and will keep the <br /> PLEDGED PROPERTY insured in accordance with the requirements of the LOAN CONTRACT. In the <br /> event of the sale or transfer of the PLEDGED PROPERTY, the BENEFICIARY, at its option, may declare <br /> the entire balance of the note immediately due and payable. <br /> In case of default in any of said payments of the principal or interest, according to the <br /> terms of said PROMISSORY NOTE or LOAN CONTRACT, by the GRANTOR, its successors or assigns, <br /> then said principal sum hereby secured, and interest thereon, may at once, at the option of the <br /> BENEFICIARY, become due and payable, and the said PLEDGED PROPERTY be sold in the manner and <br /> with the same effect as if said indebtedness had matured, and that if foreclosure be made by the <br /> PUBLIC TRUSTEE, an attorney's fee in a reasonable amount for services in the supervision of said <br /> foreclosure proceedings shall be allowed by the PUBLIC TRUSTEE as a part of the cost of <br /> foreclosure, and if foreclosure be made through the courts a reasonable attorney's fee shall be <br /> 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 <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 PROMISSORY NOTE and LOAN CONTRACT <br /> shall extend to and be binding upon the successors or assigns of the respective parties hereto; <br /> and that the singular number shall include the plural, the plural the singular, and the use of any <br /> gender shall be applicable to all genders. <br /> [THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK] <br /> Appendix 6 <br /> Page 2 of 3 <br />
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