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<br />.~ <br />\J <br /> <br />successors and assigns, against all and every person or persons lawfully claiming Of to claim the whole or any part tllcreof, the <br />GRANTOR shall and will Warrant and Forever Defend. <br />Until payment in full of the indebtedness, the GRANTOR shall timely pay all taxes an_d 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 lhe 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 of the Property ifnot 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 <br />State 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 i:?e, 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 r.1ay be enforced by the PUBUC TRUSTeE, the ~tat~ as holder of the HOtc:, or the holder of said certificate of purchase by an <br />appropriate civil suit or proceeding, and the PUBLIC TRUSTEE, or the holder of said note or certificate of purchase, or any thereof, shall <br />be entitled to a Receiver for said Property, and of the rents, issues and profits thereof, after such default including the time covered by <br />foreclosure 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 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 lUld directions of the court. <br /> <br />And, that in case of default in any of said payments of princip~1 or interest according to the tenor and effect of said promissory <br />note or any part thereof, or of a breach or violation of any of the cov~nants or agreements contained herein and in the Contract, by the <br />GRANTOR, its personal representatives or assigns, then and in that cas~ 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 legall101der 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 offoreclosure, and ifforeclosure 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 proceedillgs. <br /> <br />X t is further understood and agreed, that if ~ release or a partial release of this Deed of Trust is required, the <br />GRANTOR, its successors or assigns will pay the expense thereof; th~t all the covenants and agreements contained herein and in the <br />Contract shall extend to and be binding upon the heirs or assigns of the respective parties hereto; and that the singular number shall <br />include the plural. the plural the 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 /> <br />My commission expires: <br /> <br />-:j~/CI- -;;<001 <br />. <br /> <br /> <br />.' :j)~;~~~:~ I::~.<~-;~." <br /> <br />: ~.' C' r~ ~"' i<' ;,~ (SEAL) <br /> <br />AIT~~~{/.;; d7fl~ <br /> <br />~",,~',..>lo ~.~:..'1f~/,-- - ti. <br /> <br />State of Colorado ) <br />~ ) SS <br />County of , Y-.^J}J2/'.... ) <br />"'3r& <br />The foregoing instrument was acknowledged before me this C;I day of A <br />official seal. <br /> <br />ril 1997. by Cathy L CI <br />/ <br /> <br />Witness my hand and <br /> <br />2547770 B-1605 P-650 05/13/1997 11:00A PG 2 OF 2 <br />