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<br />.... ".. <br />" ":. ~. ~ .,........ <br />(SEAL) t '\ <br />.. ,. '. :: <br />'r ,: ~ <br />.. <br />. C' : <br />"~"''A TTEST:' ,'" <br /> <br />J,.1'" <br /> <br />111111111111111111111111111 11111111111111I1111111111111 <br /> <br />3033"08 02118/2003 12:40P Weld County, CO <br />2 01 2 A 11.00 00.00 Steve Moreno Clerk & Aecol1ler <br /> <br />the COLLATERAL in fee simple, and has full power and lawful authority to grant, bargain, sell and <br />convey the same in the manner and form as aforesaid. The GRANTOR fully waives and releases all <br />rights and claims it may have in or to said COLLATERAL as a Homestead Exemption or other <br />exemption, now or hereafter provided by law. The GRANTOR further covenants that the collateral is <br />free and clear of all liens and encumbrances whatever and that the GRANTOR shall warrant and <br />forever defend the COLLATERAL in the quiet and peaceable possession of the PUBLIC TRUSTEE, its <br />successors and assigns, against all and every person or persons lawfully claiming or to claim the <br />whole or any part thereof. <br /> <br />Until payment in full of the indebtedness, the GRANTOR shall timely pay all taxes and <br />assessments levied on the COLLATERAL; any and all amounts due on account of the principal and <br />interest or other sums on any senior encumbrances, if any; and will keep the COLLATERAL insured in <br />accordance with the requirements of the LOAN eONTRACT. In the event of the sale or transfer of the <br />COLLATERAL, the BENEFICIARY, at its optIon, may declare the entire balance of the note immediately <br />due and payable. <br /> <br />in case of default in any of said payments of the principal or interest, according to the terms of <br />said Promissory Note or LOAN CONTRACT, by the GRANTOR, its successors or assigns, then said <br />principal sum hereby secured, and interest thereon, may at once, at the option of the BENEFICIARY, <br />become due and payable, and the said COLLATERAL be sold in the manner and with the same effect <br />as if said indebtedness had matured, and that if foreclosure be made by the PUBLIC TRUSTEE, an <br />attorney's fee in a reasonable amount for services in the supervision of said foreclosure proceedings <br />shall be allowed by the PUBLIC TRUSTEE as a part of the cost of foreclosure, and if foreclosure be <br />made through the courts a reasonable attomey's fee shall be taxed by the court as a part of the cost <br />of such foreclosure proceedings. <br /> <br />It is further understood and agreed, that if a release or a partial release 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 PromIssory Note and LOAN eONTRACT shall extend to <br />and be binding upon the successors or assigns of the respective parties hereto; and that the singular <br />number shall include the plural, the plural the singular, and the use of any gender shall be applicable <br />to all genders. <br /> <br />Executed the day and date first written above. <br /> <br />The Larimer and Weld Irrigation Company, a Colorado <br />n oration <br /> <br />By <br /> <br /> <br />. <br /> <br /> <br />',.sv:;.... . <br />d' <br />Donn Enge , <br />County of-Be!hl 'N.Jd <br /> <br />ate Secretary <br /> <br />) <br />) SS <br />State of Colorado ) <br /> <br />The foregoing instrument was acknowledged before IT!~.~is':J:a..:tlL day of ~2002, <br />by Barry Anderson and Donn Engel, as President..aqJ>,Gorpoi~~ S.ecretary, respectively, of The <br />Larimer and Weld Irrigation Company. Witnes~ my itel\d'~Gff~iaJ ..""I. <br />\f1)\ rm~ ,~~V()..- Notary Public <br /> <br />My commission expires te.b,~ "ac::cD \_~~: ...:" ..::.;~,~.r~.i <br />.... 1 S. ........ ~.' " <br />Page 2 of 2,. :. ..( j ."..., <br />.."""",. <br />