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. <br /> forever defend the COLLATERAL in the quiet and peaceable possession of the PUBLIC TRUSTEE, its <br /> successors and assigns, against all and every person or persons lawfully claiming or to claim the <br /> 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 COLLATERAL; any and all amounts due on account of the principal and <br /> interest or other sums on any senior encumbrances, if any; and will keep the COLLATERAL insured in <br /> accordance with the requirements of the LOAN CONTRACT. In the event of the sale or transfer of the <br /> COLLATERAL, the BENEFICIARY, at its option, may declare the entire balance of the note immediately <br /> due and payable. <br /> In case of default in any of said payments of the principal or interest, according to the terms <br /> of said Promissory Note or LOAN CONTRACT, by the GRANTOR, its successors or assigns, then said <br /> principal sum hereby secured, and interest thereon, may at once, at the option of the BENEFICIARY, <br /> become due and payable, and the said COLLATERAL be sold in the manner and with the same effect <br /> as if said indebtedness had matured, and that if foreclosure be made by the PUBLIC TRUSTEE, an <br /> 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 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 Promissory Note and LOAN CONTRACT shall <br /> extend to and be binding upon the successors or assigns of the respective parties hereto; and that <br /> the singular number shall include the plural, the plural the singular, and the use of any gender shall <br /> be applicable to all genders. <br /> Executed the day and date first written above. <br /> The Fulton Irrigating Ditch Company, a <br /> Colorado mutual ditch company nonprofit <br /> -/ ,e; corporation <br /> ' <br /> t; -i�;c +$ EA L ) :. <br /> `, 0. 0 F t By — c•P <br /> � Cecil W. King, Pres' <br /> ! Aent <br /> �Jw <br /> Auust- Fi r.0(� �a� <br /> By ,Z1---1-- --•- •'-'?: --C- --c..._ <br /> Brice Steele, Corporate Secretary <br /> County of Adams <br /> SS <br /> State of Colorado ) "'-, <br /> St � . <br /> The foregoing instrument was acknowledged before me this 2A day of ' !f . i 2 <br /> Cecil W. King and Brice Steele, as President and Corporate Secretary, respe. J®fd F':''' <br /> Irrigating Ditch Company. Witness my hand and official seal. s , KAMM <br /> ......w--- <br /> 'a_ .or.. .u.A.: *tary.F I.'. <br /> �� ' of coy <br /> My commission expires <br /> My Commission Expires Feb.5,2005 <br /> Return recorded deed of trust to: CWCB Finance Section, Attn: Jan Illian, 1580 Logan <br /> Street, Suite 750, Denver CO 80203 (Phone Number 303-866-3462) <br /> Page 2 of 2 <br />