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<br />THUSTEE. the State as holder of the note. or the holder of a certificate of purchase. shall at once'
<br />become entitled to the possession, use and enjoyment of the Property aforesaid, and to the, rents, '
<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 a~y there be, and ,such possession shall at once be
<br />delivered to the PUBLIC TRUSTEE. the State as holder of the note, or the holder of said certificate of
<br />purchase on request, and on refusal, the delivery of the 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 to 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
<br />the value thereof, and such Receiver may be appointed by any court of competent jurisdictiori upon ex
<br />parte application and without notice - notice being hereby expressly waived - and all rents, issues and
<br />profits, income and re'venue therefrom shall be applied by such Receiver to the payment of the
<br />indebtedness hereby secured, according to the lavV and the orders 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
<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
<br />thereon to the time of the sale, may at once. at the option of the legal holder thereof, become due
<br />and payable, and the said Property be sold in the manner and with the same effect as if said
<br />indebtedness had matured, and that if foreclosure be made by the PUBLIC TRUSTEE, an attorney's fee in
<br />a reasonable amount for services in the supervision of said foreclosure proceedings shall be allowed by
<br />the PUBLIC TRUSTEE as a part of the cost of foreclosure, and if foreclosure be made through the courts
<br />a reasonable attorney's fee shall be taxed by tI1e court as a part of the cost of such foreclosure
<br />proceedings.
<br />
<br />It is further understood and agreed, that if a release or a partial reiease of this Deed of Trust is
<br />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 />successors or assigns of the respective parties hereto; and that the singular number shall include the
<br />plural. the plural the singular, acD the use of any gender shall be applicable to all genders.
<br />
<br />Executed the day and date first written above.
<br />
<br />Beaver Reser~Oir cOL
<br />
<br />By ~l4 /
<br />lis Harris, President
<br />
<br />County of
<br />
<br />< l)elf4
<br />
<br />SS.
<br />
<br />The foregoing instrument was acknowledged before me this/..7#-day of ~ 2000, by Ellis
<br />Harris as president and James Briscoe as corporate secret~. ":'itness my h~~ official seal.
<br />
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