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<br />3017099 12/20/2002 0 0004.0J~ "Suki" Tsukamoto
<br />3 01 4 R 21.00 D. .,
<br />, 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
<br />delivered to the PUBLIC TRUSTEE, the State as holder of the note; or lhe holder of said certificate of
<br />purchase on request, and on refusal, the delivery oUhe Property may be enforced by the PUBLIC
<br />TRUSTEE, the State as holder.of the note, or the holder of said certificate of purchase by an appropriate
<br />civil suit or proceeding, and the PUBLIC TRUSTEE, or the holder of said note or certificate of purchase, or
<br />any thereof, shall be entitled 10 a Receiver for said Property, and of the rents, issues and profits
<br />thereof, after such default, including the time covered by foreclosure proceedings and the period of
<br />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
<br />value thereof, and such Receiver may be appointed by any court of competent jurisdiction upon ex
<br />parte application and without notice" notice being hereby expressly waived - and all rents, issues and
<br />profits, income and revenue therefrom shall be applied by such Receiver to the payment of the
<br />indebtedness hereby secured, according to the law and the orders and directions of the court,
<br />And, that in case 'of default in any of said payments,of principal or interest, according to the
<br />tenor and effect of said promissory note or any part thereof, or of a breach or violation of any of the
<br />covenants or agreements contained herein and in the Contract, by the GRANTOR, its successors or
<br />assigns, then and in that case the whole of said principal sum hereby secured, and the interest thereon
<br />to the time of the sale, may at once, at the option of the legal hoider thereof, become due and payable,
<br />and the said Property be sold in the manner and with the same effect as if said indebtedness had
<br />matured, and that if foreclosure be made by the PUBLIC TRUSTEE, an attomey's fee in a reasonable
<br />amount for selVices in the supelVision of said foreclosure proceedings shall be allowed by the PUBLIC
<br />TRUSTEE as a part of lhe cost of foreclosure, and if foreclosure be made through the courts a
<br />reasonable attorney's fee shall be taxed by the court as a part of the cost of such foreciosure
<br />proceedings,
<br />It is further understood and agreed, that if a release or a partial release of this Deed of Trust
<br />is required, the GRANTOR, its successors or assigns will pay the expense thereof; that all the covenants
<br />"and'agreements contained herein .and in the Contract shall extend to and be binding upon the
<br />, s\lcae1l$'~of"flssigns pf the respective parties hereto; and that the singular number shall include the
<br />, "piurifj,\th~ ~ui'~the sin'guiar, and the use of any gender shall be applicable to all genders,
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<br />,", /'.;,Q EQe~a~~e,day and date first written above,
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<br />City of Greeley, Colorado
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<br />By ./)U
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<br />Jerry Wones, Mayor
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<br />By
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<br />"./ "SC~}e qf.~oiorado )
<br />." ..i;.,\.~'''' ",':4)-: -', 101,1 ) SS,
<br />" ~,., ... C~unty<<>(',. WIJ.L )
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<br />~'\ I;j) The)fere@i~g instrument was acknowledged before me this hJ:L... day of 2000,
<br />\\ ~..... c;~by,\~rfYl.iJ':fones as Mayo~ anc! Betsy Holder as City Clerk of the City of Greel y, Colorado.
<br />,\ <'0.... Witf)e~y hand and official seal.
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<br />'\":;~'''''.ill\~~~clmmission expires Pi 1>> Iloo4 Notary Public
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