Laserfiche WebLink
<br />) <br /> <br />) <br /> <br />Exemption, or other exemption. under and by virtue of any act of the General Assembly of the State of Colorado, or. a:; any" <br />exemption under and by virtue of any act of the United States Congress, now existing or which may hereafter be passed in <br />relation thereto and that the same is free and clear of all liens and encumbrances whatever, and the above bargained <br />Property in the quiet and peaceable possession of the PUBLIC TRUSTEE, its successors and assigns. against all and every <br />person or persons lawfully claiming or to claim the whole or any part thereof, by, through or under the GRANTOF:, the <br />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 the <br />Property; any and all amounts due on account of principal and interest or other sums on any senior encumbrances, if any; <br />and will keep the Property insured in accordance with the requirements of the Contract. Should the GRANTOR fail to insure <br />the Property in accordance with the Contract or to pay taxes or assessments as the same fall due, or to pay any amounts <br />payable upon senior encumbrances, if any, the beneficiary may make any such payments or procure any such insur.3nce. <br />and all monies so paid with interest thereon at the rate of ten percent (10%) per annum shall be added to and become a part <br />of the indebtedness secured by this Deed of Trust and may be paid out of the proceeds of the sale of the Property if not paid <br />by the GRANTOR. In addition, and at its option, the beneficiary may declare the indebtedness secured hereby and this Deed <br />ofTrust to be in default for.failure to procur\: insurance or J)1ake any further payments required by this paragraph. <br />And that m case or any derault, whereby the right of foreclosure occurs hereundel'. the <br />PUBLIC TRUSlEE, the State as holder of the note, or the holder of a certificate of purchase. shall at once become entitled to <br />the possession, use and enjoyment of the Property aforesaid. and to the rents. issues and profits thereof, from the accruing <br />of such right and during the pendency of foreclosure proceedings and the period of redemption, if any there be. and such <br />possession shall at once be delivered to the PUBLIC TRUSTEE, the State as holder of the note. or the holder of said certificate <br />of purchase on request and on refusal, the delivery of the Property may be enforced by the PUBLIC TRUSTEE, the State as <br />holder of the note, or the holder of said certificate of purchase by an appropriate civil suit or prOceeding, and the PUBLIC <br />TRUSTEE, or the holder of said note or certificate of purchase, Or any thereof, shall be entitled to a Receiver for said Property, <br />and of the rents. issues and profits thereof, after such default, including the time covered by foreclosure proceeding" and <br />the period of redemption, if any there be, and shall be enlitied thereto as a matter of right without regard to the solvency or <br />insolvency of the GRANTOR or of the then owner of said Property and without regard to the value thereof, and such Receiver <br />may be appointed by any court of competent jurisdiction upon ex parte application and without notice - notice being h'3reby <br />expressly waived - and all rents. issues and profits, income and revenue therefrom shall be applied by such Receiver to the <br />payment of the indebtedness hereby secured, according to the law and the orders and directions of the court. <br />Ana, that in case of default in any of said payments of principal or interest, according to the tenor and eff'3d of <br />said promissol)' note or any part thereof, or of a breach or violation of any of the covenants or agreements contained herein <br />and in the Contract, by the GRANTOR, its personal representatives or assigns, then and in that case the whole of said <br />principal sum hereby secured, and the interest thereon to the time of the sale, may at once, at the option of the legal holder <br />thereof, become due and payable, and the said Property be sold in the manner and with the same effect as if said <br />indebtedness had matured, and that if foreclosure be made by the PUBLIC TRUSTEE, an attomey's fee in a reasonable <br />amount for services in the supervision of said foreclosure proceedings shall be allowed by the PUBLIC TRUSTEE as a part of <br />the cost of foreclosure, and if foreclosure be made through the courts a reasonable attomey's fee shall be taxed by the court <br />as a part I'f lQe CC].st of juch foreclo~ure proceedil1gs. <br />It IS rurtner unaerstooa and agreed, that if a release or a partial release of this Deed of <br />Trust is required, the GRANTOR, its successors or assigns will pay the expense thereof; that all the covenants and <br />agreements contained herein and in the Contract shall extend to and be binding upon the heirs or assigns of the respective <br />parties hereto; and that the singular number shall include the plural, the plural the singular, and the use of any gender shall <br />be applicable to all genders. <br /> <br />Executed the day and date first written above. <br /> <br /> <br />ATIEST: <br />Donald F. Higbee. <br /> <br />State of C".olorado <br /> <br />County of <br /> <br />) <br />) SS <br />) <br /> <br /> <br />By <br /> <br />The foregoing instrument was acknowledged before me this _ day of <br />William J. Grasmick. Witness my hand and official seal. <br /> <br />19B?, by <br /> <br />My commission expires <br /> <br />Notary Public <br />