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• <br /> for said Property, and of the rents, issues and profits thereof, after such default, including the time covered <br /> by foreclosure proceedings and the period of redemption, if any there be, and shall be entitled thereto as a <br /> matter of right without regard to the solvency or insolvency of the GRANTOR or of the then owner of said <br /> Property and without regard to the value thereof, and such Receiver may be appointed by any court of <br /> competent jurisdiction upon ex parte application and without notice - notice being hereby expressly waived <br /> - and all rents, issues and profits, income and revenue therefrom shall be applied by such Receiver to the <br /> payment of the indebtedness hereby secured, according to the law and the orders and directions of the <br /> court. <br /> And, that in case of default in any of said payments of principal or interest, according to the tenor <br /> and 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 personal representatives or <br /> assigns, then and in that case the whole of said principal sum hereby secured, and the interest thereon to <br /> 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, <br /> and that if foreclosure be made by the PUBLIC TRUSTEE, an attorney's fee in a reasonable amount for <br /> services in the supervision of said foreclosure proceedings shall be allowed by the PUBLIC TRUSTEE as a <br /> part of the cost of foreclosure, and if foreclosure be made through the courts a reasonable attorney's fee <br /> 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 <br /> required, the GRANTOR, its successors or assigns will pay the expense thereof; that all the covenants and <br /> agreements contained herein and in the Contract shall extend to and be binding upon the heirs or assigns <br /> of the respective parties hereto; and that the singular number shall include the plural, the plural the <br /> singular, and the use of any gender shall be applicable to all genders. <br /> Executed the day and date first written above. <br /> 0/:......;,�� � Woodchuck Ditch Company, a Colorado <br /> • nonprofit corporation <br /> SYNt-)‘ <br /> By ,)-(: <br /> '•, ' 9 e Zimmerman, President <br /> _ 1 <br /> ?)1•By t \': <br /> 4Corporate Secretary 111111111111111111111111111111111111111111111111111111 <br /> 541909 03/13/200i 12: 17P Kay Weiniand <br /> State of Colorado ) 3 of 3 R 15.00 D 0.00 Routt County, CO <br /> SS <br /> County of e-CJLI" <br /> The foregoing instrument was acknowledged before me thisc Ll day of! ( 1 ll lour( 200 , <br /> by Joe Zimmerman as President and YO EA-K- ,c)LonejoriI as Corporate Secretalry of the <br /> Woodchuck Ditch Company. Witness my hand aWd official s- . <br /> 0,0, µtilt ilk,. <br /> . , L " <br /> My Commission Expires 05/15/2002 ;'���� k%'" '• .L <br /> My commission expires: <br /> . a <br />