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<br />,', <br />. ;,.0. <br />/ <br /> <br /> <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 /> <br />~ "rfL. r !) UdJjf-- <br /> <br />l\(ota"y.P'J,lblic <br />\" " <br />....< )1\. 'v 10' '., <br />../.... ~......"......._< ;', <br />,..... '. ",.:!- <br />:."'...~oTARr..,'" ' <br />i <(, ... : <br />- . . <br />; .....PUB\.\C. <br /> <br />.. ~.", d.'. ,,' ..'0 <br />" . 1"... .... <br />", .,,. .......... c". <br />"''''; ( or ..o\. <br />.'.,.,..,........,' <br />'" <br /> <br />My commission expires <br /> <br />d'I~-Od--"" <br /> <br />, <br />