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<br />) <br /> <br />) <br /> <br />Recorder of Larimer County Colorado, <br /> <br />TO HAVE AND TO HOLD the same together with all appurtenances, in trust nevertheless, <br />that in case of default in the payment of said note or any part thereof or interest <br />thereon, or in the performance of any covenants hereinafter set forth, then upon the <br />beneficiary (note holder) filing notice of election and demand for sale, said Public <br />Trustee, after advertising notice of said sale weekly, for not less than four weeks, <br />in some newspaper of general circulation in said county, shall sell said property in <br />the manner provided by law in effect at the time of filing said notice and demand, at <br />public auction for cash, at any proper place designated in the notice of sale. Out of <br />the proceeds of said sale said Trustee shall retain or pay first all fees, charges and <br />costs and all moneys advanced for taxes, insurance and assessments, or on any prior <br />encumbrance, with interest thereon, and pay the principal and interest due on said <br />note, rendering the overplus (if any) unto the grantor; and after the expiration of <br />the time of redemption, said Trustee shall execute and deliver to the purchaser a deed <br />to the property sold, The beneficiary may purchase said property or any part thereof <br />at such sale. <br /> <br />The grantor covenants that at the time of delivery of these presents, he is <br />seized of said property in fee simple, and that said property is free of encumbrances, <br />Should the beneficiary hereunder be made a party to any action affecting this deed of <br />trust or the title to said property, the grantor agrees that all court costs and a <br />reasonable attorney's fee paid by the beneficiary shall become additional indebtedness <br />due hereunder. <br /> <br />It is agreed that in case of default in payment of said principal or interest or <br />a breach of any of the covenants herein, then said principal sum hereby secured and <br />interest thereon may be at the option of the beneficiary become due and payable at <br />once, anything in said note to the contrary notwithstanding and possession of said <br />property will thereupon be delivered to the beneficiary. <br /> <br />Whenever used herein the singular number shall include the plural, the plural the <br />singular, and the use of any gender shall be applicable to all genders. All of the <br />covenants herein shall be binding upon the respective heirs, personal representatives, <br />successors and assigns of the parties hereto. <br /> <br />Executed the day and year first above written. <br /> <br /> <br />THE CITY OF GREELEY, COLORADO <br /> <br />~~~ <br /> <br />ATTEST: <br /> <br />County of Weld <br /> <br />) <br />) <br />) <br /> <br />SS. <br /> <br />STATE OF COLORADO <br /> <br />SUBSCRIBED AND SWORN TO before me this ;:.c~1 day of <br /> <br />~ ' <br />tttU,UIj <br /> <br />, 1992 by the <br />