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<br />And the GRANTOR, for itseff ~ .Its successors or assigns covenants and agree... ) and with the puauc TRUS~E. ~at at <br />the time of the unsealing of and delivery of these presents it is well seized of the Property in fee simple, and has good right, full <br />power and lawful authority to grant, bargain, sell and convey the same in the manner and form as aforesaid: hereby fully and <br />absolutely waiving and releasing all rights and claims it may have in or to said Property as a Homestead Exemption, or other <br />exemption, under and by virtue of any act of the General Assembly of the State of Colorado, or as any exemption under and by <br />virtue of any act of the United States Congress, now existing or which may hereafter be passed in relation thereto and that the <br />same is free and clear of all liens and encumbrances whatever other than those already imposed by the State, and the above <br />bargained Property in the quiet and peaceable possession of the PUBUC TRUSTEE, its successors and assigns, against all and <br />every person or persons lawfully claiming or to claim the whole or any part thereof, by, through or under the GRANTOR, the <br />GRANTOR shall and will Warrant and Forever Defend. <br /> <br />Until payment in full ot the indebtedness, the GRANTOR shall timely pay all taxes and assessments levied on the <br />Property; any and all amounts due on account of principal and interest or other sums on any senior encumbrances, if any: and <br />will keep the Property insured in accordance with the requirements of the Contract. Should the GRANTOR fail to insure the <br />Property in accordance with the Contract or to pay taxes or assessments as the same fall due, or to pay any amounts payable <br />upon senior encumbrances, if any, the beneficiary may make any such payments or procure any such insurance, and all monies <br />so paid with interest thereon at the rate of ten percent (10%) per annum shall be added to and become a part of the indebtedness <br />secured by this Deed of Trust and may be paid oirt.of the proceeds of the sale ,of the Property if not paid by the GRANTOR. In <br />addition, and at its optiun: the beneficiary may declare the indebtedness secured hereby and this Deed of Trust to be in default <br />for failure to procure insurance or make any further payments required by this paragraph. <br />And that in case of any default, Whereby the right of foreclosure occurs hereunder, the PuaUC <br />TRUSTEE, 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 accruing of such <br />right and during the pendency of foreclosure proceedings and the period of redemption, if any there be, and such possession <br />shall at once be delivered to the PUBUC TRUSTEE, the State as holder of the note, or the holder of said certificate of purchase on <br />request and on refusal, the delivery of the Property may be enforced by the PUBUC TRUSTEE, the State as holder of the note, or <br />the holder of said certificate of purchase by an appropriate civil suit or proceeding, and the PuBUC TRUSTEE, or the holder of said <br />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, <br />and shall be entitled thereto as a mailer of right without regard to the solvency or insolvency of the GRANTOR or of the then owner <br />. of said Property and .without regard to the value thereof, and such Receiver may be appointed by any court of competent <br />jurisdiction 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 secured, according <br />to the law and the orders and directions of the court. <br /> <br />And, that in case of default In any of said payments of principal or Interest, according to the tenor and effect of said <br />promissory note or any part thereof, or of a breach or violation of any of the covenants or agreements contained herein and In the <br />Contract. by the GRANTOR, its personal representatives or assigns, then and in that case the whole of said principal' sum hereby <br />secured, and the interest thereon to the time of the sale, may at once, at the option of the legal holder thereof, become due and <br />payable, and the said Property be sold in the manner and with the same effect as if said indebtedness had matured, and that if <br />foreclosure be made by the PUBUC TRUSTEE, an attorney's fee in a reasonable amount for services In the supervision of said <br />foreclosure proceedings shall be allowed by the PUBUC TRUSTEE as a part of th.~ cost of foreclosure, and if foreclosure be made <br />through the courts a reasonable attorney's 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 <br />required, the GRANTOR, its successors or assigns will pay the expense thereof; that all the covenants and agreements contained <br />herein and in the Contract shall extend to and be binding upon the heirs or assigns of the respective parties hereto; and that the <br />singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. <br /> <br />Executed the day and date first written above. <br /> <br />Donal~F. Higbee, Corporate <br /> <br />/i <br />[. <br />" <br />v...~<-- <br />cretary <br /> <br /> <br />.i <br /> <br />(SEAL) . <br />ATTE;ST: <br /> <br /> <br />By <br /> <br />Stale of Colorado ) <br /> <br />County Of, '. /};/Ju/ef(,5 ~ SS rJ <br /> <br />The foregoing instrument was acknowledged before me this LL- day of ~ If <br />\Nii~ia~ J. Grasmick.. Wi~ess my hand and official seal. ~ 2,", '; <t. L {! t; <br /> <br />, . .,' . /::2.. /"", 1..Ci'9 No ~IiC {- <br />My commission expires -~...l.!:"L.t.+-,- ''lJ[ <br /> <br />1997, by <br />