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<br />99064845 - 07/23/99 11:51 - CAROLE R. MURRAY DOUGLAS CO. COLO. CLERK I!c RECORDER <br />81736 - P0092 - $15.00 21 3 <br /> <br />shall be in the ordinary form of a conveyance, and shall be signed, acknowledged and delivered by th", 'said PUBLIC <br />TRUSTEE and shall convey and quitclaim to such person entitled to such deed, the Property purchased as aforesaid and <br />all the right, title, interest, benefit and equity of redemption of the GRANTOR, its successors and assigns made therein, and <br />shall recite the sum for which the said Property was sold and shall refer to the power of sale therein contained, and to the <br />sale made by virtue thereof: and in case of an assignment of such certificate of purchase, or in case of the redemption of <br />the Property, by a subsequent encumbrancer, such assignment or redemption shall also be referred to in such deed; but <br />the notice of sale need not be set out in such deed and the PUBLIC TRUSTEE shall, out of the proceeds or avails of such <br />sale, after first paying and retaining all fees, charges and costs of making said sale, pay to the beneficiary hereunder the <br />principal and interest due on said note according to the tenor and effect thereof, and all moneys advanced by such <br />beneficiary or legal holder of said note for insurance, taxes and assessments, with interest thereon at ten per cent per <br />annum, rendering the surplus, if any, unto the GRANTOR, its legal representatives or assigns; which sale and said deed so <br />made shall be a perpetual bar, both in law and equity, against the GRANTOR, its successors and assigns, and all other <br />persons claiming the Property, or any part thereof, by, from, through or under the GRANTOR, or any of them, The holder of <br />said note may purchase Property or any part thereof: and it shall not be obligatory upon the purchaser at any such sale to <br />see to the application of the purchase money, <br /> <br />And the GRANTOR, for itself and its successors or assigns covenants and agrees to and with the PUBLIC TRUSTEE, <br />that at the time of the delivery of these presents it is well seized of the Property in fee simple, and has good right, full <br />power and lawful authority to grant, bargain, sell and convey the same in the manner and form as aforesaid; hereby fully <br />and absolutely waiving and releasing all rights and claims it may have in or to said Property as a Homestead Exemption, <br />or other exemption, under and by virtue of any act of the General Assembly of the State of Colorado, or as any exemption <br />under and by virtue of any act of the United States Congress, now existing or which may hereafter be passed in relation <br />thereto and that the same is free and clear of all liens and encumbrances whatever, and the above bargained Property in <br />the quiet and peaceable possession of the PUBLIC TRUSTEE, Its successors and assigns, against all and every person or <br />persons lawfully claiming or to claim the whole or any part thereof, the GRANTOR shall and will Warrant and Forever <br />Defend. <br /> <br />Until payment in full of the indebtedness, the GRANTOR shall timely pay all taxes and assessments levied on the <br />Property and any and all amounts due on account of principai and interest or other sums on any senior encumbrances, if <br />any. Should the GRANTOR fail to pay taxes or assessments as the same fall due, or to pay any amounts payable upon <br />senior encumbrances, if any, the beneficiary may make any such payments, 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 <br />Deed of Trust and may be paid out of the proceeds of the sale of the Property if not paid by the GRANTOR. In addition, <br />and at its option, the beneficiary may declare the indebtedness secured hereby and this Deed of Trust to be in default for <br />failure to make any further payments required by this paragraph. In the event of the sale or transfer of the Property, the <br />beneficiary, at its option, may declare the entire balance of the Promissory Note immediately due and payable, <br /> <br />And that in case of any default, whereby the right of foreclosure occurs hereunder, the PUBLIC <br />TRUSTEE, the State as holder of the note, or the holder of a certificate of purchase, shail at once become entitled to the <br />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 <br />certificate of purchase on request and on refusal, the delivery of the Property may be enforced by the PUBLIC TRUSTEE, <br />the State as holder of the note, or the holder of said certificate of purchase by an appropriate civil suit or proceeding, and <br />the PUBLIC TRUSTEE, or the holder of said note or certificate of purchase, or any thereof, shall be entitled to a Receiver for <br />said Property, and of the rents, issues and profits thereof, after such default, including the time covered by foreclosure <br />proceedings and the period of redemption, if any there be, and shall be entitled thereto as a matter of right without regard <br />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 <br />without notice - notice being hereby expressly waived - and all rents, issues and profits, income and revenue therefrom <br />shall be applied by such Receiver to the payment of the indebtedness hereby secured, according to the law and the <br />orders and directions of the court, The STATE shall give the GRANTOR written notice of any alleged default and an <br />opportunity to cure within thirty (30) days of receipt of such notice before the GRANTOR shall be considered in default for <br />purposes of this deed of trust. <br /> <br />And, that in case of default in any of said payments of principal or interest, according to the tenor and effect of <br />said promissory note or any part thereof, or of a breach or violation of any of the covenants or agreements contained <br />herein and in the Contract, by the GRANTOR, its personal representatives or assigns, then and in that case the whole of <br />said principal sum hereby secured, and the interest thereon to the time of the sale, may at once, at the option of the legal <br />holder 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 attorney'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 <br />,of the cost of foreclosure, and if foreclosure be made through the courts a reasonable attorney's fee shall be taxed by the <br />