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<br />" <br /> <br />"/~ <br /> <br />note, or the holder of said certificate of purchase by an appropriate civil suit or proceeding, and the <br />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 <br />time covered by foreclosure proceedings and the period of redemption, if any there be, and shall be <br />entitled thereto as a matter of right without regard to the solvency or insolvency 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 <br />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 <br />such Receiver to the payment of the indebtedness hereby secured, according to the law and the orders <br />. 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 <br />and effect of said promissory note or any part thereof, or of a breach or violation of any of the covenants <br />or agreements contained herein and in the Contract, by the GRANTOR, its personal representatives or <br />assigns, then and in that case the whole of said principal sum hereby secured, and the interest thereon to <br />the time of the sale, may at once, at the option of the legal holder thereof, become due and payable, and <br />the said Property be sold in the manner and with the same effect as if said indebtedness had matured, <br />and that if foreclosure be made by the PUBLIC TRUSTEE, an attomey's fee in a reasonable amount for <br />services in tn~J;lJP~rvis.ic;m of said foreclosure proceedings shall be allowed by the PUBLIC TRUSTEE as a <br />part of the cost of foreclosure, arid if foreclosu-re-be made'Through 'tile courts a reasonable attorneys fee <br />shall 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 <br />required, the GRANTOR, its successors or.assigns will pay the expense thereof; that all the covenants and <br />agreements contained herein and in the Contract shall extend to and be binding upon the heirs or assigns <br />of the. respective parties hereto; and that the singular number shall include the plural, the plural the <br />Ji~~!~': and the use of any gender shall be applicable to all genders. . . <br /> <br />. #1".~V/l. Tt~~ted the day and date first written above. <br />t"-{\;"C ......,.. ,~', <br />W:,i:-"(:-O\''-.~;'. ~\I.. AU Tunnel Water Company, a Colorado nonprofit <br />fi'!.. .-"'-~f~';~ ~-1&'."~ 'I.' . II~- . <br />-::i~t"S'~'';'~'-{*~~~~~'. . corporation <br /> <br />. ri\;fi}~ljJVf!Jl:' By ~ ~ <br />~.'~*~~;:;;~:':::':;;:~"~// i Fred Walker, President <br />~~I;\~ -"::ct' ~(@ <br />'~r>~~}," ":,\:_:-."" jo:;~ !". <br /> <br />By '//4 a. -1, /' <br />Corporate Secretary <br /> <br />State of Colorado <br />Countyof cf~ <br /> <br />) <br />) <br />) <br /> <br />SS <br /> <br />The foregoing instrument <br />by Fred Walker as President and <br />Witness my hand and official sea. <br /> <br /> <br />. h' //'1/ ~~ <br />ed before me t IS.,LL uay of 2001, <br /> <br />as Secretary of The Tunnel W er Company. <br />. , <br /> <br /> <br />/-/1 '215 <br />. <br />