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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 her in and in the Contract, by the GRANTOR, its personal representatives or <br /> assigns, then and in that ca e 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 i the manner and with the same effect as if said indebtedness had matured, <br /> and that if foreclosure be ade 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 /> Wis . <br /> K.,0 <br /> ,', <br /> J44•••�t.•_//^ Woodchuck Ditch Company, a Colorado <br /> :• r ,;... I•d" k , ' ' nonprofit corporation <br /> ,.--' f ,'''".., >, ( AA-t4 • <br /> r Z By ,� --7,--zCti-il <br /> f •% ,t ; ,, e Zimmerman, President <br /> :..... .\1) <br /> 1-E3'y 11'!" -M. OA% <br /> Corporate Secretary 1i�� 11111111111111111111111 liii 111111111111 III 111111111 iiii <br /> 541909 03/13/2001 12:17P Kay Weinland <br /> State of Colorado ) 3 of 3 R 15.00 D 0.00 Routt County, Co <br /> SS <br /> County of Y-ou- k ) <br /> The foregoing instrument was acknowledged before me thisuL day of Sant YF 1 200 , <br /> by Joe Zimmerman as President and P0.-, �.1��2..\ .2m as Corporate Secreta of the <br /> Woodchuck Ditch Company. Witness my hand ar?d official s-- . _ <br /> 0 � nA <br /> � �♦ �/_• <br /> iury Commissi . { `'' '' ';V. ��•,�''ti <br /> My commission expires: �� Plres 05/15/2002 N` •!, 'f <br /> 4. ' _ - --r;r-<- _ <br /> 4,"4, t <br />