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<br />\ \II\\1I1I\IIIIIIIIIIIIII~IIIII~J~IJJJ1~1!111\\111I1 <br /> <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, <br />" ,I' '\' .'"..... ....' .' ". ' <br />,", /'.;,Q EQe~a~~e,day and date first written above, <br />Ie.., i.... ~_. '<' \ ,<.. <br /> <br />( '/,.' ; ..' '~t o. , . <br />. '.,; \ <br />:<; ! ,.11 ~ t' A t, j ,:. 1 <br />\ r<" \ ~\.,/( . '" A'Ln::::t ;' <br />\ ~ \. t: I!'~~""""'! ,..' '-0 .' ~ i' <br />\ ~ ..<~~,:(/t: t.. ~ :.... (.... +" <br />C'C, ..~....,....\) \.~.r' <br />~.c., .,'. <br />. ',;)"X "~p/':" <br /> <br />City of Greeley, Colorado <br /> <br />~~ <br />By ./)U <br /> <br />Jerry Wones, Mayor <br /> <br />By <br /> <br /> <br />"./ "SC~}e qf.~oiorado ) <br />." ..i;.,\.~'''' ",':4)-: -', 101,1 ) SS, <br />" ~,., ... C~unty<<>(',. WIJ.L ) <br />, . Co 10 \"" J <br />,0: <:::,- ...... ,.AI, 1J'1'!- ~ <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. <br /><:....:".JD'(i.. ..' \\ tJ~,.." <br />'\":;~'''''.ill\~~~clmmission expires Pi 1>> Iloo4 Notary Public <br /> <br />