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<br />~143
<br />r~ ,,'S
<br />and this Deed of Tru8t to be in default for failure to procure insurance or make any further payments required by this 'Paragraph.
<br />
<br />AND THAT IN CASE OF ANY DEFAULT, whereby the right of forecloeure occurs hereunder, the PuBUC TRUSTEE, the Stete es Lender
<br />under the Contract, or the holder of II certificate of purchase, shall at once become entitled to the use and enjoyment of- the Property
<br />aforesaid, and to the rant8, issuss and profits thereof, from the accruing of 8uch right and during the pendency of. foreclosure proceedings
<br />and the period of redemption and shall be Uable for all B88SSSmen!. end charges levied against the Property, if any there be: and such use
<br />and enjoyment shall at once be delivered to the PuBlIC TRUSTEE, the State 88 Lender unde; the Contract. or the holder of ssid certificate of
<br />purchase on requaBt and on refuBal, the delivery of the Property may be enforced by the PuBLIC TRUSTEE, the State a8 lender under the
<br />Contract, or the holder of 8aid certificate of purcha8e by an appropriate crvil suit or proceeding, and the PuBLIC TRUSTEE, the State a8lender
<br />under the Contract, or the holder of 8aid certificate of purchase, or any thereof, shall be entitled to a Recerver for said Property, and of the
<br />rents, issues and profits thereof, after 8uch default, including the time covered by foreclosure proceedings and the period of redemption,
<br />if any there be, and shell be entnled thereto as a matter of right wnhout regard to the solvency or in80lvency of the GRANTOR or of the then
<br />owner of 8aid Property and without regard to the value thereof, and 8uch Receiver may be appointed by any court of competent jurisdiction
<br />upon ex parte application and without notice - notice being hereby expreuly waived - and all rents, issue8 and profits, income and revenue
<br />therefrom shall be applied by such Receiver to the payment of the indebtedness hereby secured, according to the law and the orders and
<br />directions of the court. The Receiver shall be responsible for the payment of alla8sessments and other charges levied against the Property.
<br />
<br />AND, that in case of default in any of said payments of principal or interest, according to the tenor and effect of the Contract,
<br />or any part thereof, or of a breach or violation of any of the covenants or agreements herein, by the GRANTOR, its successors or assigns,
<br />then and in that case the whole of said principal sum hereby secured, and the interest thereon to the time of the sale, may et once, at the
<br />option of the legel holder thereof, become due end peyeble, end the seid Property be sold in the menner end with the seme effect es n seid
<br />indebtedness had matured, and that if foreck>sure be made by the PuBLIC TRUSTEE. en attorney's fee in 8 reasonable amount for services
<br />in the supervision of said foreclosure proceedings shall be allowed by the PuBLIC TRUSTEE as a part of the cost of forecl08ure, and if
<br />foreclosure be made through the courts a raasonable attorney's fee shall be taxed by the court a8 a part of the cost of such foreclosure
<br />proceeding!:.
<br />
<br />IT IS FURTHER UNDERSTOOD AND AGREED, thet n e relesse of this Deed of Trust is required, the GRANTOR will pey the expense
<br />thereof; that all the covenants and agreements herein contained shall extend to and be binding upon the successors and assigns of the
<br />respective parties hereto; that the Beneficiary may not Bssign its interest hereunder to any other party without the consent of the Grantor
<br />nor may the Grantor assign its interest hereunder to any other party without the consent of the Beneficiary, and neither the Grantor nor the
<br />Beneficiary shall unreasonabty withhold such consent; and that the singular number shall inckJde the plural, the plural tha singular, and the
<br />use of any gender shall be applicable to all genders.
<br />
<br />~ dey end ~t above written.
<br />
<br />ATTEST: -. ~ ~
<br />Assistant Secretary
<br />
<br />~ .
<br />U;C;t~~-"",~-n/
<br />
<br />(SEAL)
<br />
<br />President. Board of Directors
<br />Santa Maria Reservoir Comoanv
<br />
<br />Stste of Coloredo
<br />
<br />} SS
<br />
<br />~/$IL~
<br />
<br />. 1996,by_
<br />
<br />County of
<br />
<br />
<br />ent wes eCknowledged before me this / f-llidey of
<br />
<br />
<br />Witness my hand and seal.
<br />
<br />Notary
<br />
<br />.. . ...
<br />~-.. .'a. ...",'1;>-...
<br />......, r/:, ....... {)' .'
<br />''', 0:: r'~'
<br />/Ifll ..-
<br />fl':':l,:
<br />
<br />No.
<br />
<br />DEED OF TRUST FROM
<br />TO THE PUBUC TRUSTEE
<br />
<br />For The Use Of
<br />
<br />State of Colorado
<br />
<br />} SS
<br />
<br />County of
<br />I hereby certify that this instrument was filed for record in my office at o'clock _.M.,
<br />19_, and is duty recorded in book ,page Film No. _ Reception No._.
<br />
<br />Clerk and Recorder
<br />
<br />Deputy
<br />
<br />Fees, $
<br />
<br />:"iled for record t\d- ~ \'\~b
<br />Bo;.)k \\"-"-- _ Pag~ i-\<{(
<br />Reception No ~'iiq\\ \<:>'A~ 1\",
<br />Virginia A. '.I\Iyley
<br />
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