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<br />refusal, the delivery of the Property may be enforced by the PUBLIC TRUSTEE, the State as holder of the
<br />note, or the holder of said certificate of purchase by an appropriate civil suit or proceeding, and the
<br />PUBLIC TRUSTEE, or the holder of said note or certificate of purchase, or any thereof, shall be entitled to
<br />a Receiver for said Property, and of the rents, issues and profits thereof, after such default, including the
<br />time covered by foreclosure proceedings and the period of redemption, if any there be, and shall be
<br />entitled thereto as a matter of right without regard to the solvency or insolvency of the GRANTOR or of
<br />the then owner of said Property and without regard to the value thereof, and such Receiver may be
<br />appointed by any court of competent jurisdiction upon ex parte application and without notice - notice
<br />being hereby expressly waived - and all rents, issues and profits, income and revenue therefrom shall
<br />be applied by such Receiver to the payment of the indebtedness hereby secured, according to the law
<br />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 tenor
<br />and effect of said promissory note or any part thereof, or of a breach or violation of any of the covenants
<br />or agreements contained herein and in the Contract, by the GRANTOR, its personal representatives 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 holder 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 services in the supervision of said foreclosure proceedings shall be allowed by the PUBLIC
<br />TRUSTEE as a part of the cost of foreclosure, and if foreclosure be made through the courts a
<br />reasonable attomey's fee shall be taxed by the court as a part of the cost of such foreclosure
<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 ttie Contract shall extend to and be binding upon the heirs or
<br />assigns of the respective parties hereto; and that the singular number shall include the plural, the plural
<br />the singular, and the use of any gender shall be applicable to all genders.
<br />
<br />. . ,.,.~~4~;d_ the day and date first written above.
<br />"\\""';~1t1MM~~k_,, The Chi~cott Ditch Company, a Colorado nonprofit
<br />.,/ ....~......".~.,.,_ ,,;~.::...;-;.,<\ corporatlonr~ 4/ /.'., ~
<br />.' ....." ~'r~~'A'~,,=~ j(.~" / -
<br />;' ~!~)~I\IW' ~ ~l{~'\ ~ By _/ " %'t/ .
<br />i u!lo.ft i ,I. :::'" Glen Ermel, PreSident
<br />. ;&~,' l ',;~.
<br />~.';} :.:;;;:
<br />\EVl~ . ''.~
<br />\, .,,,':', ~.:. qate Secretary
<br />ifi~~1g~~""
<br />L~
<br />
<br />)
<br />) S$
<br />County of EI Paso )
<br />
<br />The foregoing instrument was acknowledged before me thisS day of_N.cudA. 2000, by
<br />Glen Ermel as President and by 'ic" \e as Corp Secr tary, ~~_
<br />Ditch Company. Witness my hand an official seal.- 1/\ ^
<br />ue L\:;e--
<br />
<br />J. Patciek Kelly El Pase Cty CO
<br />03/31/2000 01 ~51'
<br />,,09;." $0.00
<br />Ree $15.00
<br />
<br />200034505
<br />
<br />
<br />My commission eXPires:4~~\ ')::<'. dG-u:s
<br />
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