|
<br />1111111111111111I11111111111111111111111111111111111111
<br />63438! 03/2!/1999 09:00A 8922 P441 DT
<br />2 o~ 3 R 16.00 D 0.00 N 0.00 ~o..n County CO
<br />
<br />therefor, unless the same shall be redeemed as is provided by law; and said PUBLIC TRUSTEE shall, upon
<br />demand by the person holding the said certificate of purchase, when said demand is made, or upon
<br />demand by the person entitled to a deed to and for the Property purchased, at thetim.e such demand is
<br />made, the time for redemption having expired;. make and execute to such person a deed to th.e Property
<br />purchased, which said deed snail be in thecordinary form cif.'a conveyance, and shall be signed,
<br />acknowledged and delivered by the said PUBLIC TRUSTEEand.'shall convey and quitclaim to such person
<br />entitled to such deed, the Property purchased as aforesaid arid all the right, title, interest, benefit and
<br />equity of redemption of the GRANTOR, its successors and assigns made therein, and shall recite the sum
<br />for which the said Property was sold and shall refer to the power of sale therein contained, and to the sale
<br />made by. virtue thereof; and In case of an assignment of such certificate of purchase, or in case of the
<br />redemption of the Property, by a subsequent encumbrance, such assignment or redemption shall also be
<br />referred to in such deed; but the notice of sale need not be set out in such deed and the PUBLIC TRUSTEE
<br />shall, out of the proceeds or avails of such sale, after first paying and retaining all fees, charges and costs
<br />of making said sale, pay to the beneficiary hereunder the principal and interest due on said note .
<br />. according to the tenor and effect thereQf, and all moneys advanced by such beneficiary or legal holder of
<br />said note for insurance, taxes and assessments. with interest thereon. at ten per cent per annum,
<br />rendering the surplus, if any, untothe GRANTOR, its legal representatives or assigns; which sale and said
<br />deed so made shall be a perpetual bar, both in law and equity, against the GRANTOR, its successors and
<br />assigns, and all other persons claiming the Property, or any part thereof, by, from, through or under the
<br />GRANTOR, or any of them. The holder of said note may purchase Property or any part thereof; and it shall
<br />not be obligatory upon the purchaser atany such sale to 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
<br />PUBLIC TRUSTEE, that.at the time of the unsealing. of and delivery. of these presents it is' well seized of the
<br />Property in fee simple except for thel.and located .in Section 19, Township 11 North, Range4ZWest,6lh
<br />P.M., which Grantor ownssolelyJor pUrposes pf operating the Julesburg Reser,Voir, <;lni:lhas good'right,
<br />full power and lawful authority to grant; bargain, sell and convey the same inthep;anner...and fOi1:p as
<br />aforesaid; hereby fully andabsolut~lywaiving and rele~sing all. rights'and '~Ialnis it~af'hav.e ilJ..?J!O ~aid
<br />Property as a Homestead Exemption, or other exemption, under and by virtue of any,.l:!9l.Qf tne G,"efl~ral
<br />Assembly of the State of Colorado, or as any exemption under and by virtue of any acfof"ttle'Yl11ted
<br />States Congress, now existing or which may hereafter be passed in relation thereto"andtl1atthe san'1e is
<br />free and clear of all liens and encl.\mbrances whatever, and the above bargained Property in the. quiet and
<br />peaceable possession of the PUBLIC TRUSTEE, its successors and assigns, against all and;every person
<br />or persons lawfully claiming or to claim the whole or any part thereof, the GRANTOR shall and will Warrant
<br />and Forever Defend.
<br />
<br />Until payment in full of the indebtedness, the GRANTOR shall timely pay all taxes and assessments
<br />levied on the Property; any and all amounts due on account of principal and interest or other sums on any
<br />senior encumbrances, if any; and will keep the Property insured iriaccordance with. the requirements of
<br />the Contract. Should the GRANTOR fall to insure the Property ili accordance with the Contract of to pay
<br />taxes or assessments as the same fall due; or to pay any amounts payable upon senior encumbrances, if
<br />any, the beneficiary may make any such payments or procure any such insurance, and all monies so paid
<br />with interest thereon at the rate often percent (10%) per annum shall be added to and become a part of
<br />the indebtedness secured by this Deed of Trust and may be paid out of the proceeds of the sale of the
<br />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
<br />make any further payments required by this paragraph. In the event of the sale or transfer of the
<br />Property, the beneficiary, at its option, may declare the entire balance of the note immediately due. and
<br />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, shall at once become
<br />entitled to the possession, use and enjoyment of the Property aforesaid, and to tl1~'is.9j,leS and
<br />profits ~hereof, from t~e a~cruing of such right and during th~ pendency of forec;!Fi$,~$l-~t\j,l!Jr\gs and
<br />the period of redemptton, If any there be, and such possession shall at once b!il.geJ!~~red'.~ t~J?~BLlC
<br />TRUSTEE, the State as holder of the note, or the holder of said certificate of purclj~se,df1.rei:j:ue~'and on
<br />
<br />'.....,.
<br />
|