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<br />",- <br />, <br /> <br />" <br /> <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, and the above bargained Property in the Quiet and peaceable <br />possession of the PuBLIC TRUSTEE, its successors and assigns, against all and every person 'or persons lawfully claiming or to claim <br />the whole or any part thereof, the GRANTOR shall and will Warrant and Forever Defend. <br /> <br />Until payment in full of the indebtedness, the GRANTOR shall timely pay all taxes and assessments levied on the Property; <br />any and all amounts due on account of principal and interest or other sums on any senior encumbrances, if any; and will keep the <br />Property insured in accordance with the requirements of the Contract. Should the GRANTOR fail to insure the Property in accordance <br />with the Contract or to pay taxes or assessments as the same fall due, or to pay any amounts payable upon senior encumbrances, <br />if any, the beneficiary may make any such payments or procure any such insurance, and all monies so paid with interest thereon <br />at the rate of ten percent (10%) per annum shall be added to and become a part of the indebtedness secured by this Deed of Trust <br />and may 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 insurance <br />or make any further payments required by this paragraph. <br /> <br />AND THAT IN CASE OF ANY DEFAULT, whereby the right of foreclosure occurs hereunder, the PuBLIC TRUSTEE, the State <br />as holder of the note, or the holder of a certificate of purchase. shall at once become entitled to the possession, use and enjoyment <br />of the Property aforesaid, and to the rents, issues and profits thereof, from the accruing of such right and during the pendency of <br />foreclosure proceedings and the period of redemption, if any there be: and such possession shall at once be delivered to the PuBLIC <br />TRUSTEE, the State as holder of the note, or the holder of said certificate of purchase on request and on refusal, the delivery of the <br />Property may be enforced by the PuBLIC TRUSTEE, the State as holder of the note, or the holder of said certificate of purchase by <br />an appropriate civil suit or proceeding, and the PuBUC TRUSTEE, or the holder of said note or certificate of purchase, or any thereof, <br />shall be entitled to a Receiver for said Property, and of the rents, issues and profits thereof, after such default, including the time <br />covered by foreclosure proceedings and the period of redemption, jf any there be, and shall be entitled thereto as a matter of right <br />without regard to the solvency or insolvency of the GRANTOR or of the then owner of said Property and without regard to the value <br />thereof, and such Receiver may be appointed by any court of competent jurisdiction upon ex parte application and without notice - <br />notice being hereby expressly waived - and all rents, issues and profits, income and revenue therefrom shall be applied by such <br />Receiver to the payment of the indebtedness hereby sec:ured, 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 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 successors or assigns, then and in that case the whole of said principal sum hereby secured, and <br />the interest thereon to the time of the sale, may at once, at the option of the legal holder thereof, become due and payable, and <br />the said Property be sold in the manner and with the same effect as jf said indebtedness had matured, and that if foreclosure be <br />made by the PuBLIC TRUSTEE, an attorney's fee in a reasonable amount for services in the supervision of said foreclosure proceedings <br />shall be allowed by the PuBLIC TRUSTEE as a part of the cost of foreclosure, and if foreclosure be made through the courts a <br />reasonable attorney's fee shall be assessed by the court as a part of the cost of such foreclosure proceedings. <br /> <br />IT IS FURTHER UNDERSTOOD AND AGREED, that if a release of this Deed of Trust is required, the GRANTOR will pay the <br />expense thereof; that all the covenants and agreements contained herein and in the Contract shall extend to and be binding upon <br />the successors and 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 this ~day of January 1996, <br /> <br />By: <=-s 19 C~ <br /> <br />Mayor <br /> <br />State of Colorado <br /> <br />} SS <br /> <br /> <br />County of <br /> <br /> <br /> <br />A ~"dn._ . <br />day of January. 1996. bY'-.I";'~l c... WJJ* <br />. Witness my hand and official seal. <br /> <br />~~'\ ~/'--CJ'"'/V\cva." <br />Notary Public <br /> <br />Tbe foregoin i strument was ac <br />-+ <br /> <br /> <br />My commission expires <br />