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10/28/2002 11 : 30 REC FEE : $15 . 00 PAGE # : 0002 OF 0003
<br /> MOFFAT COUNTY, CO, BEVERLY JOHNSON - CLERK/RECORDER DOCU# : 2002L 4852
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<br /> quitclaim to such person entitled to such deed, the Property purchased as aforesaid and all the
<br /> right, title, interest, benefit and equity of redemption of the GRANTOR, its successors and assigns
<br /> made therein, and shall recite the sum for which the said Property was sold and shall refer to
<br /> the power of sale therein contained, and to the sale made by virtue thereof; and in case of an
<br /> assignment of such certificate of purchase, or in case of the redemption of the Property, by a
<br /> subsequent encumbrance, such assignment or redemption shall also be referred to in such
<br /> deed; but the notice of sale need not be set out in such deed and the PUBLIC TRUSTEE shall, out
<br /> of the proceeds or avails of such sale, after first paying and retaining all fees, charges and costs
<br /> of making said sale, pay to the beneficiary hereunder the principal and interest due on said note
<br /> according to the tenor and effect thereof, and all moneys advanced by such beneficiary or legal
<br /> holder of said note for insurance, taxes and assessments, with interest thereon at ten per cent
<br /> per annum, rendering the surplus, if any, unto the GRANTOR, its legal representatives or
<br /> assigns; which sale and said deed so made shall be a perpetual bar, both in law and equity,
<br /> against the GRANTOR, its successors and assigns, and all other persons claiming the Property,
<br /> 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
<br /> purchaser at any such 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
<br /> with the PUBLIC TRUSTEE, that at the time of the unsealing of and delivery of these presents it is
<br /> well seized of the Property in fee simple, and has good right, full power and lawful authority to
<br /> grant, bargain, sell and convey the same in the manner and form as aforesaid; hereby fully and
<br /> absolutely waiving and releasing all rights and claims it may have in or to said Property as a
<br /> Homestead Exemption, or other exemption, under and by virtue of any act of the General
<br /> Assembly of the State of Colorado, or as any exemption under and by virtue of any act of the
<br /> United States Congress, now existing or which may hereafter be passed in relation thereto and
<br /> that the same is free and clear of all liens and encumbrances whatever, and the above
<br /> bargained Property 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
<br /> the whole or any part thereof, the GRANTOR shall and will Warrant and Forever Defend.
<br /> Until payment in full of the indebtedness, the GRANTOR shall timely pay all taxes and
<br /> assessments levied on the Property; any and all amounts due on account of principal and
<br /> interest or other sums on any senior encumbrances, if any; and will keep the Property insured
<br /> in accordance with the requirements of the Contract. Should the GRANTOR fail to insure the
<br /> Property in accordance with the Contract or to pay taxes or assessments as the same fall due,
<br /> or to pay any amounts payable upon senior encumbrances, if any, the beneficiary may make
<br /> any such payments or procure any such insurance, and all monies so paid with interest thereon
<br /> at the rate of ten percent (10%) per annum shall be added to and become a part of the
<br /> indebtedness secured by this Deed of Trust and may be paid out of the proceeds of the sale of
<br /> the Property if not paid by the GRANTOR. In addition, and at its option, the beneficiary may
<br /> 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
<br /> the sale or transfer of the Property, the beneficiary, at its option, may declare the entire balance
<br /> of the note immediately due and payable.
<br /> And that in case of any default, whereby the right of foreclosure occurs hereunder, the
<br /> PUBLIC TRUSTEE, the State as holder of the note, or the holder of a certificate of purchase, shall
<br /> at once become entitled to the possession, use and enjoyment of the Property aforesaid, and to
<br /> 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
<br /> shall at once be delivered to the PUBLIC TRUSTEE, the State as holder of the note, or the holder
<br /> of said certificate of purchase on request and on refusal, the delivery of the Property may be
<br /> enforced by the PUBLIC TRUSTEE, the State as holder of the note, or the holder of said certificate
<br /> of purchase by an appropriate civil suit or proceeding, and the PUBLIC TRUSTEE, or the holder of
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