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<br />encumbrances whatever, and the above bargained Property in the quiet and peaceable possession of the PUBLIC TRUSTEE, its
<br />successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the
<br />GRANTOR shall and will Warrant and Forever Defend.
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<br />Until payment in full of the indebtedness, the GRANTOR shall timely pay all taxes and assessments levied on the Property; any
<br />. and all amounts due on account of principal and interest or other sums on any senior encumbrances, if any; and will keep the Property
<br />insured in accordance with the requirements of the Contract. Should the GRANTOR fail to insure the Property in accordance with the
<br />Contract or to pay taxes or assessments as the same fall due, or to pay any amounts payable upon senior encumbrances, if any, the
<br />beneficiary may make any such payments or procure any such insurance, and all monies so paid with interest thereon at the rate of ten
<br />percent (10%) per annum shall be added to and become a part of the indebtedness secured by this Deed of Trust and may be paid out
<br />of the proceeds of the sale .ofthe Property if not paid by the GRANTOR. In addition, and at its option, the beneficiary may declare the .
<br />indebtedness secured hereby and this Deed of Trust to be in default for failure to procure insurance or make any further payments
<br />required by this paragraph. In the event of the sale or transfer of the Property by the GRANTOR, the beneficiary, at its option, may
<br />declare the entire balance of the note immediately due and payable. .
<br />
<br />And that in case of any default, whereby the right of foreclosure occurs hereunder, the PUBLIC TRUSTEE, the State as holder of the
<br />note, or the holder of a certificate of purchase, shall at once become entitled to the possession, use and enjoyment of the Property
<br />aforesaid, and to the rents, issues and profits thereof, from the accruing of such right and during the pendency of foreclosure
<br />proceedings and the period of redemption, if any there be, and such possession shall at once be delivered to the PUBLIC TRUSTEE, the
<br />State as holder of the note, or the holder of said certificate of purchase on request and on refusal, the delivery of the Property may be
<br />enforced by the PuBLIC TRUSTEE; the State as holder of the note, or the holder of said -certificate of ' purchase by an-appropriate d~i1
<br />suit or proceeding, and the PUBLIC TRUSTEE, or the holder of said note or certificate of purchase, or any thereof, shall be entitled to a
<br />Receiver for 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 to the
<br />solvency or insolvency of the GRANTOR or of the then owner of said Property and without regard to the value thereof, and such
<br />Receiver may be appointed by any court of competent jurisdiction upon ex parte application and without notice - notice being hereby
<br />expressly waived - and all rents, issues and profits, income and revenue therefrom shall be applied by such Receiver to the payment of
<br />the indebtedness hereby 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 effect of said promissory
<br />note Or any part thereof, or of a breach or violation ofany of the covenants or agreements contained herein and in the Contract, by the
<br />GRANTOR, its personal representatives or assigns; then and in that case the whole of said principal sum hereby secured, and the interest.
<br />thereon to the time of the sale, may at once, at the option of the legal holder thereof, become due and payable, and the said Property be
<br />sold in the manner and with the same effect as if said indebtedness had matured, and that if foreclosure be made by the PUBLIC
<br />TRUSTEE, an attorney's fee in a reasonable amount for services in the supervision of said foreclosure proceedings shall be allowed by
<br />the PUBLIC TRUSTEE as a part of the cost of foreclosure, and if foreclosure be made through the courts a reasonable attorney's fee shall
<br />be taxed 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 or a partial release of this Deed of Trust is required, the GRANTOR, its
<br />succe~sor ..1l(~~::mJ.} pay the expense thereof; that all the covenants and agreements contained herein and in the Contract shall
<br />exten . i."dl:~Jje.ll~g"..pon the heirs or assigns of the respective partie. s hereto; and that the singular number shall include the
<br />plur ~}PI~the s'~, and the use of any gender shall be applicable to all genders.
<br />~. .~ .
<br />~cute e.dal~~ 'ia. te first written above.
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<br />A TrEST: .' I
<br />Belinda Riggs, Corporat
<br />
<br />
<br />GRANTOR: Aristocrat Rancttte Water pr7~ec , Inc.
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<br />By: V . ~
<br />Clete Larson, President
<br />
<br />
<br />, 1 111111 11111 111111 lIlt 111111111111111111111111111111111
<br />. 2662699. 12/23/1998 04:26P W.ld County CO
<br />,2 of 2 R 11.00 D0.00 JA Sukl Tsukamoto
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<br />. County of
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<br />State of Colorado
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<br />The foregoing instnune '. ,~",~wledged bef;;;'e me thisc:l~day
<br />
<br />Riggs as Corporate e!ilfli",Wltness.my hand and officml seal.
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<br />December 1998 by Clete Larson as President and Belinda
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<br />J:eIlV€ '(' I G.o, B-tl'2-V .3
<br />A-+k1 -sa 114L II,' tl. VI .
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