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1853107
<br /> IIIIIIIIIIIIIIII 111111 Page 2 of 4 _�
<br /> 09/28/199810:54A
<br /> Boulder County Clerk, C0 DT R 21.00 00.09 ,
<br /> the State of Colorado, or as any exemption under and by virtue of any act of the United States Congress, now
<br /> existing or which may hereafter be passed in relation thereto and that the same is free and clear of all liens and
<br /> encumbrances whatever, and the above bargained Property in the quiet and peaceable possession of the PUBLIC
<br /> TRUSTEE, its successors and assigns, against all and every person or persons lawfully claiming or to claim the whole
<br /> 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 assessments levied on
<br /> the Property; any and all amounts due on account of principal and interest or other sums on any senior
<br /> encumbrances, if any; and will keep the Property insured in accordance with the requirements of the Contract.
<br /> Should the GRANTOR fail to insure the Property in accordance with the Contract or to pay taxes or assessments as
<br /> 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
<br /> (10%) per annum shall be added to and become a part of the indebtedness secured by this Deed of Trust and may
<br /> be paid out of the proceeds of the sale of the Property if not paid by the GRANTOR. In addition, and at its option, the
<br /> beneficiary may declare the indebtedness secured hereby and this Deed of Trust to be in default for failure to procure
<br /> insurance or make any further payments required by this paragraph. In the event of the sale or transfer of the
<br /> Property, the beneficiary, at its option, may declare the entire balance of the note immediately due and payable.
<br /> And that in case of any default, whereby the right of foreclosure occurs hereunder, the PUBLIC TRUSTEE,
<br /> the State as holder of the note, or the holder of a certificate of purchase, shall at once become entitled to the
<br /> possession, use and enjoyment of the Property aforesaid, and to the rents, issues and profits thereof, from the
<br /> accruing of such right and during the pendency of foreclosure proceedings and the period of redemption, if any there
<br /> 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
<br /> PUBLIC TRUSTEE, the State as holder of the note, or the holder of said certificate of purchase by an appropriate civil
<br /> suit or proceeding, and the PUBLIC TRUSTEE, or the holder of said note or certificate of purchase, or any thereof, shall
<br /> be entitled to a Receiver for said Property, and of the rents, issues and profits thereof, after such default, including the
<br /> time covered by foreclosure proceedings and the period of redemption, if any there be, and shall be entitled thereto
<br /> as a matter of right without regard to the solvency or insolvency of the GRANTOR or of the then owner of said Property
<br /> and without regard to the value thereof, and such Receiver may be appointed by any court of competent jurisdiction
<br /> upon ex parte application and without notice-notice being hereby expressly waived -and all rents, issues and profits,
<br /> income and revenue therefrom shall be applied by such Receiver to the payment of the indebtedness hereby
<br /> secured, according to the law and the orders and directions of the court.
<br /> And, that in case of default in any of said payments of principal or interest, according to the tenor and effect
<br /> of said promissory note or any part thereof, or of a breach or violation of any of the covenants or agreements
<br /> contained herein and in the Contract, by the GRANTOR, its successors or assigns, then and in that case the whole of
<br /> said principal sum hereby secured, and the interest thereon to the time of the sale, may at once, at the option of the
<br /> legal holder thereof, become due and payable, and the said Property be sold in the manner and with the same effect
<br /> as if said indebtedness had matured, and that if foreclosure be made by the PUBLIC TRUSTEE, an attorney's fee in a
<br /> reasonable amount for services in the supervision of said foreclosure proceedings shall be allowed by the PUBLIC
<br /> TRUSTEE as'',a part of the cost of foreclosure, and if foreclosure be made through the courts a reasonable attorney's
<br /> fee 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 required,
<br /> the GRANTOR, its successors or assigns will pay the expense thereof; that all the covenants and agreements
<br /> .contained herein and in the Contract shall extend to and be binding upon the successors or assigns of the respective
<br /> ._ .parties hereto; and that the+s'ngular number shall include the plural, the plural the singular, and the use of any gender
<br /> 'shall be applicable to al!genders.
<br /> '-- , i Executed the day and date first written above.
<br /> •
<br /> r. : ; ,, The Left Hand Ditch Company, a Colorado nonprofit
<br /> corporation
<br /> ' ,e/). A,,,_,._______
<br /> 0 I
<br /> i t� _.,A 2
<br /> By
<br /> Richard Behrmann, President
<br /> ATTEST / ' ,? _ -
<br /> John M. Se agel, Corporate Secretary
<br /> State of Colorado )
<br /> nn SS. .�.�.
<br /> County of ku _) op,RIE i `z��
<br /> s .z*..•''T...e.,gy,i
<br /> The foregoing instrument was acknowledged before me this 3) day of 199:,•, arcrtihn t)
<br /> as President and John M. Schlegel as Corporate Secretary of the Left Hand DitclYCompan i Witness my hand anoil
<br /> official seal. 0
<br /> My Commission Expires 4-20-2002 �1 's
<br /> My commission expires �G� ►;(P.,% At�IQpJ7�1 �
<br /> 4-4.!.1.11.,00-_,"
<br /> �w% OF co'
<br />
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