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<br />257-185
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<br />B-52-1
<br />
<br />P-9:~ 06/10/96 11:02A PG 2
<br />
<br />('-.
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<br />form as aforesaid; hereby fully and absolutely waiving and releasing all rights and claims it may have in or to said Property
<br />as a Homestead Exemption, or other exemption, under and by virtue of any act of the General Assembly of the State of
<br />Colorado. or as any exemption under and by virtue of any act of the United States Congress, now existing' or which may
<br />hereafter be passed in relation thereto and that the same is free and clear of all_Jiens and encumbrances whatever, and the
<br />above bargained Property in the quiet and peaceable possession of the PUBLIC TRUSTEE, its heirs and assigns, against all and
<br />every person or persons lawfully claiming or to claim the whole or any part thereof, the GRANTOR shall and will Warrant and
<br />Forever Defend.
<br />Until payment in full of the indebtedness. the GRANTOR shall timely pay all taxes and assessments levied on the
<br />Property; any and all amounts due on account of principal and interest or other sums on any senior encumbrances, if any;
<br />and will keep the Property insured in accordance with the requirements of the Contract. Should the GRANTOR fail to insure
<br />the Property in accordance with the Contract or to pay taxes or assessments as the same fall due, or to pay any amounts
<br />payable upon senior encumbrances, if any, the beneficiary may make any such payments or procure any such insurance, and
<br />all monies so paid with interest thereon at the rate of ten percent (10%1 per annum shall be added to and become a part of
<br />the indebtedness secured by this Deed of Trust and may be paid out of the proceeds of the sale of the Property if not paid
<br />by the GRANTOR. In addition. and at its option. the beneficiary may declare the indebtedness secured hereby and this Deed
<br />of Trust to be in default for failure to procure insurance or make any further payments required by this paragraph.
<br />
<br />A1Id th4! III CIISe of IOlJ. Ilifmdt. whereby the right of foreclosure occurs hereunder, the PUBLIC TRUSTEE, the State as
<br />holder of the note, or the holder of a certificate of purchase, shall at once become entitled to the possession. use and
<br />enjoyment of the Property aforesaid, and to the rents, issues and profits thereof, from the accruing of such right and during
<br />the pendency of foreclosure proceedings and the period of redemption. if any there be, and such possession shall at once
<br />be delivered to the PuBLIC TRUSTEE. the State as holder of the note. or the holder of said certificate of purchase on request
<br />and on refusal, the delivery of the Property may be enforced by the PUBLIC TRUSTEE, the State as holder of the note, or the
<br />holder of said certificate of purchase by an appropriate civil suit or proceeding. and the PUBLIC TRUSTEE. or the holder of said
<br />note or certificate of purchase, or any thereof. shall be entitled to a Receiver for said Property. and of the rents, issues and
<br />profits thereof. after such default. including the time covered by foreclosure proceedings and the period of redemption, if any
<br />there be, and shall be entitled thereto as a matter of right without regard to the solvency or insolvency of the GRANTOR or
<br />of the then owner of said Property and without regard to the value thereof. and such Receiver may be appointed by any court
<br />of competent jurisdiction upon ex parte application and without notice - notice being hereby expressly waived - and all rents.
<br />issues and profits, income and revenue therefrom shall be applied by such Receiver to the payment of the indebtedness
<br />hereby secured. according to the law and the orders and directions of the court.
<br />
<br />A1Id, that in case of default in aQY of said payments of principal or interest. according to the tenor and effect of said
<br />promissory note or any part thereof, or of a breach or violation of any of the covenants or agreements contained herein and
<br />in the Contract. by the GRANTOR, its personal representatives or assigns, then and in that case the whole of said principal sum
<br />hereby secured. and the interest thereon to the time of the sale. may at once, at the option of the legal holder thereof,
<br />become due and payable, 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 attorney's fee in a reasonable amount for services in the
<br />supervision of said foreclosure proceedings shall be allowed by the PUBLIC TRUSTEE as a part of the cost of foreclosure, and
<br />if foreclosure be made through the courts a reasonable attorney's fee shall be taxed by the court as a part of the cost of such
<br />foreclosure proceedings.
<br />
<br />. It 15 fiuther lI1lIltrsWod IIJlJ! 1Ijjrwl, that if a release of this Deed of Trust is required, the GRANTOR, its heirs or assigns
<br />will pay the expense thereof; that al1' the covenants and agreements contained herein and in the Contract shall extend to and
<br />be binding ,upon the heirs or assigns of the respective parties hereto; and that the singular number shall include the plural,
<br />the plural the singular, and the use of any gender shall be applicable to all genders.
<br />
<br />Executed this ftYtJ..day of D()UFf1AER) , 1 995.
<br />
<br />re; Q ()
<br />\"'0. '\A~ \'-
<br />Caryl R. Car . I
<br />
<br />County of
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<br />BREVARD
<br />
<br />} 55
<br />
<br />'1~
<br />\}\.VL&J1J
<br />\.
<br />
<br />State of
<br />
<br />FLORIDA
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<br />The fore90ing instrument was acknowledged before me this dO day of
<br />
<br />;J 0 lJ c YIL 682...
<br />
<br />, 1995.
<br />
<br />by
<br />
<br />(J At?, Y /...
<br />
<br />1(-
<br />
<br />e. t7 R.P-- C LL-
<br />
<br />Witness my hand and official seal.
<br />
<br />My commission expires
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<br />\1.V PIJ OFFICI.l NOT.RV SE.l
<br />o"flo- 8(/ JEAN M CURRAN
<br /><' W~.rf <; COMMISSION NUMBER
<br />1), 1~' <: CC21 H8~
<br />~~ ~#.iP f? IN COMMISSI01'ol cXP..
<br />,. ~ AUG. 2fi~!.;L~E_
<br />.....----~
<br />
<br />11- r:
<br />
<br />Notary PUbliV JEAN M. CURRAN
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