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<br />\ <br /> <br />':\;-. <br />'''''' <br /> <br />648732 <br /> <br />8-1250 P-473 <br /> <br />06/10/96 12:00P PG 2 <br /> <br />OF 3 <br /> <br />ADd the grantor covenauU and agrees to and with the Public Trustee, that at the time oCthe enscaling of and dcli~ry of these presents he is well seized of <br />the said land and tenefneDts in fee simple, and hu.&ood right, full power and lawful authority to grant, bargain, sell and convey the same in the manner and <br />form as aforesaid; here,y fully and absolutely W81ving and releasing all rights and claims he may have in 01" to said lands, tenements, and property as a <br />Homestead Exemption, or other exemption, under and by virtue of MY act oflhe General Assembly of the State of CoIomdo, or as any e~emption under <br />and by virtue orany act of the United Stllte5 Congre:ss, now existing or which may hereafter be passed in relation thereto and that the same are free and dear <br />ofallliensandencumbranceswbatc~r.except d~ed to ewes recorded 1/13/82 Book 672, p. 734 <br />and liens, reservations and encumbrances of record <br /> <br />and the above bar'pined property in the quiet and Ptaceable possession of the Public Trustee, againn all and every person or peoons lawfully cwming or to <br />cl::.i.m the whole er 1Ul}'p&..'1 thereof, the pntor sha1I. and will Wamlnt and Forewr Defend. <br />Utrti.I payment in full of the indebtedness, the &rantor &hall timely pay all taxes and assessments levied on the property; any and all amounts due on <br />accouQtofprincipalandintemtorothersutDSODrmyseniorcncumbrances,ifllll.)'II t ~".._~ ,,' F _'. _Lll J 'JI..b' lJ <br />.Q.' "11i' .,.!. " !. "_II ~.l .l. ~..:.~~. rJ_b.~.r..I_JI.. f:.. "f-J <br />~~: t., '"l~''' 1"-'" ...L.... .. _.1 . .:. .. :..:~ fJ.<di,,'f " ll,": I. II'lL. AI/_ <br />i"!'!!'! Ii ').I:JII1 'J. 1)1>,'11 .!,. l 1,__ ......._",:.::1"~.d1I'liiii\,......l~.,I-:J..I~...~~~"._,~:.b.. <br />jJe.I;I:j ~ ..L '. 11111 . . ltil' ~.~' .... .' f' l ^'" l :..: 1 F I:.,., .....Ii :.. f' . .LA; <br />." .... L "'. .. ~L '. - . . .. . . Should thearantorfaitto' . ... .L.... . pay taxes or asseumcnts as <br />the aame f'all due. or to pay any artUl\IJltS payablt ,l.1pon ~~ encumbrances, if any. the beneficiary may make any such payments r . I <br />-.....c. and all monies 10 paid with intcmt thetton at the rate of B lib per annum shall be added to and become a part of the indebtedness secured11b- <br />by this Deed ofTrustand maybe paid out of the proceeds of the sale of the property ifnot paid by the grantor. In addition, and at its option, the beneficiary <br />may declare the indebtedness secured hereby and this Deed ofThlst to be in default for failure to ' make any of the payments required <br />by thit paragraph. ,... <br />If aD or any part oftbe property or an interest therein is sold or transferred by the grantor without beneficiary's prior written consent, excluding (a) the <br />creation of a lien or encumbrance S\1bordinate to this Deed of'Ihlst, (b) the creation ofa purchase money security interest for household appliances. (c) a <br />transfer by devise, descent or by operation of law upon the death of a joint tenant or (d) the grant of any leasehold interest of three yean or less not <br />containinB an option to purchase, beneficiary may, at beneficiary's option, declare all the sums secured by this I:>ecd of'Ih1st to be immediately due and <br />payable. Beneficiary Ilhall bI'ie waived such option to accelerate if, prior to thc sale or transfer. beneficiary and the person to whom the property is to be sold <br />or transferred reach agreement in writins that the Credit of such penon is satisfactory to beneficiary and that the interest payable on the sums secured by <br />this Deed of1hlst shall be at such rate u beneficillly shall request. <br />ANDTI-tAT IN CASE OF ANY DEFAULT wbmby thc righl of foreclosure occurs hereunder, the holder of laid note or cenificate ofpurcbase shall at <br />once beeome entitle<1 to the possession. use and enioyment of the property aforesaid. and to the rents. issues and profits thereof, from the accruing of such <br />right and during the pendency oHoreclosure Proceedings and the period of redemption, ifany there be: and such possession shall at once be delivered to the <br />holder of said note ar certificate of pun:hue on ~uest, and on refusal, the delivery of such PlJsscssion may be eoforced by the holder of said note or <br />certificate ofpurchue by any appropriate civil 5Uit or proceeding, and the holder of said note or cutiticate o(puT!;hase. or any thereof, shall be entitled to a <br />Receiver for said property, and oftbe rents, issues and profits thereof, after such default. including the time covered by foreclosure proceedings and the <br />period of redemptioll, if illY there be, and shall be entitled thereto as a matter of right without regard to the solvency or illSOlvency of the grantor or of the <br />then owner of said property and without regard to the value thereof, and such Receiver may be appointed by any coun of competenl jurisdiction upon ex <br />parte application and without notice _ notice beit1g bereby expressly waived - and all rents, issues and profits. income and revenue therefrom shall be <br />applied by such Receiwr to the payment of the indebtedDess hmby secured. according to the law and the orden and directions of the court. <br />AND, that in case of default io any of said ~ts of principal or interest, according to !he tenor and effect of said promissory note or any pan <br />thereo( or ofa breach or violation of any ofthc covenanuor agreements herein, by the grantor, then and in that Case the whole of said principal sum hereby <br />secured and 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 the said property <br />be sold in the manner and with the same effect as it said indebtedness bad ffia~. and that iHoreclosure be ffiftde by the Public Trustee. an attorney's fee <br />offPteommY reasonable amount. :aoJf.ffi <br />forservicesinthesupervisionofsaidforeclosurePtoceedingsshallbeallowedbythePuhlicTrusteeasapartoftlJecostofforeclosure.andirroredosurebe <br />made through the courts a reasonable attorney's f~ shall be wed by the coun as a pan of the cost or such rore~losure proceedings. <br /> <br />It Is Further Undentood Bnd Aareed, that iral'elease ofmis deed or lrust is required. the grJnlOr will pa~ the espcnse thereof; that all the covcnen\5 and <br />agrecmel'l,ts herein contained sh.a1l extend to and be binding upon the hein. pcl"5Onal reprt'scntal;ves. successors and assigns of the respec1ive parties hereto; <br />and ~~t,:~~,~~,~~~rshall include the pluta!. the plural the SIngular. Ind the use of any gender shall be ~pplicahle to all genders. <br />\ ~'" ,,; ~ 11, \\ ': r:, ' II,.;, - <br />.::"Ex~)eq .:.:,.4 2 F'ebruary .199'\ <br />, ''', ' . . " BEi\VER PfRK \oJA'l'ER INC. <br />"j~ ~ ,to t .' <br />ff ::,', -:.~' ' I <br />~ \ $e -'I I i_ I <br />'''/ >""'" '!," ,... '(' ./-r-n-,/ fA ) <br />~.' ,,(,,:. ~1;\_,.-,'it(.:?"~'i''''' BY ,1,': 1 ,UJ1..A'\. <br />"~1~~'~~'~~~f~~{')'::-,1::!! Pt'ed Green, President <br />:l",,'lc~:)q\l!~~:l."~~ 1~;,:"" . <br />',~~;. f l.. 'D.I\ t~,,". '';'\'1 <br />l~<;' .0..,.,,;'1/;....'-'" sUte of Colorado 1" <br />~.. ~.. . County of Fr~mont . <br />\,\\\\lllh!1111 <br />. :-,....'\\\ r,r>.RET S::~"I <br />The foregoing instrument was acknowledged be~.dft\''''''.'!OM day of <br />by Fred Green as preSi~I)y"~QJ~~?'illdefur <br />, Water, Inc, ~ : ~ :: ~ <br />Witness my band and sea1 ~ \ pIg <br />MycormmSStoncxplteS 8/4/97 ~tO:'" USL\V.o;'" ~ <br />~;~" ...~,-,$' <br />~-il'f"""'...~"'v~ <br />I'III/h OF COlO",,"'" <br />N_&nd Addreuor~CraIilllNewlyc_tcdLeplDelf;ri~(,1~5-I06 S,CR.S) <br /> <br />February <br />as Secretary <br /> <br />.19 94 <br />of Beaver Park <br /> <br />'tv, k-"-",," , t <br />d <br /> <br />, <br />~&- <br /> <br />Notary Pub~c <br /> <br /> " , <br /> . 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