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proceeds or avails of such sale, after first paying and retaining all fees, charges and costs of making said sale,
<br /> pay to the beneficiary hereunder the principal and interest due on said note according to the tenor and effect
<br /> thereof, and all moneys advanced by such beneficiary or legal holder of said note for insurance, taxes and
<br /> assessments, with interest thereon at ten per cent per annum, rendering the surplus, if any, unto the
<br /> GRANTOR, its legal representatives or assigns; which sale and said deed so made shall be a perpetual bar, both
<br /> in law and equity, against the GRANTOR, its successors and assigns, and all other persons claiming the
<br /> Property, or any part thereof, by, from, through or under the GRANTOR, or any of them. The holder of said
<br /> note may purchase Property or any part thereof; and it shall not be obligatory upon the purchaser at any such
<br /> sale to see to the application of the purchase money.
<br /> And the GRANTOR, for itself and its successors or assigns covenants and agrees to and with the PUBLIC
<br /> TRUSTEE, that at the time of the unsealing of and delivery of these presents, it is well seized of the Property in
<br /> fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in
<br /> the manner and form as aforesaid; hereby fully and absolutely waiving and releasing all rights and claims it
<br /> may have in or to said Property as a Homestead Exemption, or other exemption, under and by virtue of any
<br /> act of the General Assembly of the State of Colorado, or as any exemption under and by virtue of any act of
<br /> the United States Congress, now existing or which may hereafter be passed in relation thereto and that the
<br /> same is free and clear of all liens and encumbrances whatever, and the above bargained Property in the quiet
<br /> and peaceable possession of the PUBLIC TRUSTEE, its successors and assigns, against a!! and every person or
<br /> persons lawfully claiming or to claim the whole or any part thereof, the GRANTOR shall and will Warrant and
<br /> Forever Defend.
<br /> Until payment in full of the indebtedness, the GRANTOR shall timely pay all taxes and assessments
<br /> levied on the Property; any and all amounts due on account of principal and interest or other sums on any
<br /> senior encumbrances, if any; and will keep the Property insured in accordance with the requirements of the
<br /> Contract. Should the GRANTOR fail to insure the Property in accordance with the Contract or to pay taxes or
<br /> assessments as the same fall due, or to pay any amounts payable upon senior encumbrances, if any, the
<br /> beneficiary may make any such payments or procure any such insurance, and all monies so paid with interest
<br /> thereon at the rate of ten percent (10%) per annum shall be added to and become a part of the indebtedness
<br /> secured by this Deed of Trust and may be paid out of the proceeds of the sale of the Property if not paid by
<br /> the GRANTOR. In addition, and at its option, the beneficiary may declare the indebtedness secured hereby and
<br /> this Deed of Trust to be in default for failure to procure insurance or make any further payments required by
<br /> this paragraph. In the event of the sale or transfer of the Property, the beneficiary, at its option, may declare
<br /> 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
<br /> TRUSTEE, the State as holder of the note, or the holder of a certificate of purchase, shall at once become
<br /> entitled to the possession, use and enjoyment of the Property aforesaid, and to the rents, issues and profits
<br /> thereof, from the accruing of such right and during the pendency of foreclosure proceedings and the period of
<br /> redemption, if any there be, and such possession shall at once be delivered to the PUBLIC TRUSTEE, the State as
<br /> holder of the note, or the holder of said certificate of purchase on request, and on refusal, the delivery of the
<br /> Property may be enforced by the PUBLIC TRUSTEE, the State as holder of the note, or the holder of said
<br /> certificate of purchase by an appropriate civil suit or proceeding, and the PUBLIC TRUSTEE, or the holder of said
<br /> note or 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 proceedings and
<br /> the period of redemption, if any there be, and shall be entitled thereto as a matter of right without regard to
<br /> the solvency or insolvency of the GRANTOR or of the then owner of said Property and without regard to the
<br /> value thereof, and such Receiver may be appointed by any court of competent jurisdiction upon ex parte
<br /> application and without notice - notice being hereby expressly waived - and all rents, issues and profits,
<br /> income and revenue therefrom shall be applied by such Receiver to the payment of the indebtedness hereby
<br /> secured, according to the law and the 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 tenor and
<br /> effect of said promissory note or any part thereof, or of a breach or violation of any of the covenants or
<br /> agreements contained herein and in the Contract, by the GRANTOR, its successors or assigns, then and in that
<br /> case the whole of said principal sum hereby secured, and the interest thereon to the time of the sale, may at
<br /> once, at the option of the legal holder thereof, become due and payable, and the said Property be sold in the •
<br /> manner and 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 foreclosure
<br /> proceedings shall be allowed by the PUBLIC TRUSTEE as a part of the cost of foreclosure, and if foreclosure be
<br /> made through the courts a reasonable attorney's fee shall be taxed by the court as a part of the cost of such
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