|
claims it may have in or to said Property as a Homestead Exemption, or other exemption, under and by virtue of any act of the General Assembly
<br /> of the State of Colorado, or as any exemption under and by virtue of ary act of the United States Congress, now existing or which may hereafter
<br /> be passed in relation thereto and that the same is free and clear of all liens and encumbrances whatever, except previous hypothecations to the
<br /> State of Colorado, and the above bargained Property 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, the GRANTOR shall and will Warrant and
<br /> Forever Defend, subject to said exceptions.
<br /> Until payment in full of the indebtedness, the GRANTOR shall timely pay all taxes and assessments levied on the Property; any and all cin
<br /> amounts due on account of principal and interest or other sums on any senior encumbrances, if any; and will keep the Property insured in Q1
<br /> accordance with the requirements of the Contract. Should the GRANTOR fail to insure the Property in accordance with the Contract or to pay rn
<br /> taxes or assessments as the same fall due, or to pay any amounts payable upon senior encumbrances, if any, the beneficiary may make any
<br /> such payments or procure any such insurance, and all monies so paid with interest thereon at the rate of ten percent (10%) per annum shall
<br /> be added to and become a part of the indebtedness secured by this Deed of Trust and may be paid out of the proceeds of the sale of the
<br /> Property if not paid by the GRANTOR. In addition, and at its option, the beneficiary may declare the indebtedness secured hereby and this Deed
<br /> of Trust to be in default for failure to procure insurance or make any further payments required by this paragraph. In the event of the sale or
<br /> N
<br /> transfer of the Property, the beneficiary, at its option, may declare the entire balance of the note immediately due and payable. rn
<br /> 0
<br /> And that in case of any default, whereby the right of foreclosure occurs hereunder, the PUBLIC TRUSTEE, the State as holder of the b
<br /> note, or the holder of a certificate of purchase, shall at once become entitled to the possession, use and enjoyment of the Property aforesaid,
<br /> and to the rents, issues and profits thereof, from the accruing of such right and during the pendency of foreclosure proceedings and the period co
<br /> of redemption, if any there be, and such possession shall at once be delivered to the PUBLIC TRUSTEE, the State as holder of the note, or the
<br /> holder of said certificate of purchase on request, and on refusal, the delivery of the Property may be enforced by the PUBLIC TRUSTEE, the State
<br /> as holder of the note,or the holder of said certificate of purchase by an appropriate civil suit or proceeding,and the PUBLIC TRUSTEE, or the holder N
<br /> of said note or certificate of purchase, or any thereof, shall be entitled to a Receiver for said Property, and of the rents, issues and profits
<br /> thereof, after such default, including the time covered by foreclosure proceedings and the period of redemption, if any there be, and shall be
<br /> 1/40
<br /> entitled thereto as a matter of right without regard to the solvency or insolvency of the GRANTOR or of the then owner of said Property and
<br /> without regard to the value thereof, and such Receiver may be appointed by any court of competent jurisdiction upon ex parte application and
<br /> 1/40
<br /> without notice - notice being hereby expressly waived - and all rents, issues and profits, income and revenue therefrom shall be applied by such 10
<br /> Receiver to the payment of the indebtedness hereby secured, according to the law and the orders and directions of the court. °1
<br /> And, that in case of default in any of said payments of principal or interest, according to the tenor and effect of said promissory note N
<br /> or any part thereof, or of a breach or violation of any of the covenants or agreements contained herein and in the Contract, by the GRANTOR,
<br /> its successors or assigns, then and in that case the whole of said principal sum hereby secured, and the interest thereon to the time of the sale, b
<br /> may at once, at the option of the legal holder thereof, become due and payable, and the said Property be sold in the manner and with the same
<br /> effect as if said indebtedness had matured, and that if foreclosure be made by the PUBLIC TRUSTEE, an attorney's fee in a reasonable amount
<br /> for services in the supervision of said foreclosure proceedings shall be allowed by the PUBLIC TRUSTEE as a part of the cost of foreclosure, and
<br /> if foreclosure be made through the courts a reasonable attorney's fee shall be taxed by the court as a part of the cost of such foreclosure n.)
<br /> proceedings.
<br /> It is further understood and agreed, that if a release or a partial release of this Deed of Trust is required, the GRANTOR, its
<br /> successors or assigns will pay the expense thereof; that all the covenants and agreements contained herein and in the Contract shall extend to
<br /> and be binding upon the successors or assigns of the respective parties hereto; and that the singular number shall include the plural, the plural
<br /> the singular, and the use of any gender shall be applicable to all genders.
<br /> Executed���,Ft ' dcy and date first mitten ab;iee.
<br /> 4�r
<br /> Beaver Pardo Water,,lfic.SEAL By -'//' /( /%`�
<br /> �'�'-' Fred Greer' President
<br /> rahn:Sabi&ur, Secretary
<br /> J-
<br /> State°p Colo'radbo
<br /> SS
<br /> County of Fremont oNuwuo r,�
<br /> �, �Gj RET hi
<br /> rd
<br /> The foregoing instrument was acknowledged bpfie •nle i',.•-:104,11%i23aaay of October 1996,
<br /> by Fred Green and John Sandefur. Witness rQy F Ii 1jtal Qeat
<br /> �p = V `1 CY. G��r�tk
<br /> ,�, �Bt. G . Z Notary Public
<br /> .
<br /> My commission expires 9j•.. ... •
<br /> ,OF.CO102,00
<br /> 8/4/97
<br />
|