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• <br /> 1235{�I� 03, 1 04:27P Weld County, CO <br /> 1111111111111111111111111111111 <br /> 312311 85 11�032003 <br /> 2 of 2 R 11.00 0 0.00 Steve Moreno Clerk& Recorder <br /> claims it may have in or to said COLLATERAL as a Homestead Exemption or other exemption, now or <br /> hereafter provided by law. The GRANTOR further covenants that the collateral is free and clear of all <br /> liens and encumbrances whatever and that the GRANTOR shall warrant and forever defend the <br /> COLLATERAL in the quiet and peaceable possession of the PUBLIC TRUSTEE, its successors and assigns, <br /> against all and every person or persons lawfully claiming or to claim the 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 due <br /> and payable. <br /> In case of default in any of said payments of the principal or interest, according to the terms of <br /> 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 as <br /> if said indebtedness had matured, and that if foreclosure be made by the PUBLIC TRUSTEE, an attorney's <br /> fee in a reasonable amount for services in the supervision of said foreclosure proceedings shall be <br /> allowed by the PUBLIC TRUSTEE as a part of the cost of foreclosure, and if foreclosure be made through <br /> the courts a reasonable attorney's fee shall be taxed by the court as a part of the cost of such <br /> 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 <br /> and agreements contained herein and in the Promissory Note and LOAN CONTRACT shall extend to and <br /> be binding upon the successors or assigns of the respective parties hereto; and that the singular <br /> number shall include the plural, the plural the singular, and the use of any gender shall be applicable to <br /> all genders. <br /> The Ogilvy Irrigating and Land Company, a Colorado <br /> ; nonprofit corporation <br /> s/i:03R,,'P0RATE <br /> o: By a_7f_ <br /> r Z1). Jack Holman, President <br /> of yce Am. dson, Corporate Secretary <br /> County of Vo_Ic' <br /> SS <br /> State of Colorado <br /> The foregoing instrument was acknowledged before me this .2f—day of C-4064..- 2003, by Jack <br /> Holman and Joyce Amundson as President and Corporate Secretary, respectively, of The Ogilvy <br /> Irrigating and Land Company. Witness my hand and official seal. .............. <br /> tiOE AN �ti-•. <br /> ' �.4� Notary Public <br /> I 07-A <br /> My commission expires 1)� x °et•%. <br /> Page 2 of 2 C,c • <br /> '�o <br />