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<br />24 <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />, <br /> <br />Property may be enforced by the PUBLIC TRUSTEE. the State as holder of the note. or the holder of said <br />certificate of purchase by an appropriate civil suit or proceeding, and the PUBLIC TRUSTEE, or the holder of said <br />note or certificate of purchase, or any thereof. shall be entitled to a Receiver for said Property, end of the <br />rents, issues and profits thereof, after such default, including the time covered by foreclosure proceedings and <br />the periOd of redemption. if any there be. and shall be entitled thereto as a matter of right without regard to <br />the solvency or insolvency of the GRANTOR or of the then owner of said Property and without regard to the <br />value thereof. and such Receiver may be appointed by any court of competent jurisdiction upon ex parte <br />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 /> <br />And. that in case of default in any of said payments of principal or interest, according to the tenor and <br />effect of said promissory note or any part thereof, or of a breach or violation of any of the covenants or <br />agreements contained herein and in the Contract, by the GRANTOR. its successors or assigns, then and in that <br />case the whole of said principal sum hereby secured. and the interest thereon to the time of the sale, may at <br />once, at the option of the legal holder thereof, become due and payable. and the said Property be sold in the <br />manner and with the same effect es if said indebtedness had matured, and that if foreclosure be made by the <br />PUBLIC TRUSTEE. an attomey's fee in a reasonable amount for services in the supervision of said foreclosure <br />proceedings shall be allowed by the PUBLIC TRUSTEE as a part of the cost of foreclosure. and if foreclosure be <br />made through the courts a reasonable ettomey's fae shall be taxed by the court as a part of the cost of such <br />foreclosure proceedings. <br /> <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 <br />agreements contained herein and in the Contract shall extend to and be binding upon the successors or <br />assigns of the respective parties hereto; and that the singular number shall include the plural, the plural the <br />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 />The City of Louisville <br /> <br />By <br /> <br />William A. Simmons. City Administrator <br /> <br />(SEAL) <br /> <br />ATTEST: <br /> <br />David Clabots, City Clerk <br /> <br />County of <br /> <br />) <br />) 55. <br />l <br /> <br />State of Colorado <br /> <br />The foregoing instrument was acknowledged before me this day of <br />by William A. Simmons as City Administrator and David Cia bats es City Clerk. <br />seal. <br /> <br />1999, <br />Witness my hand and official <br /> <br />Notary Public <br /> <br />My commission expires <br /> <br />~ <br />