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<br />by foreclosure proceedings and the period of redemption, if any there be, and shall be entitled thereto as a
<br />matter of right without regard to the solvency or insolvency of the GRANTOR or of the then owner of said
<br />Property and without regard to the vaiue thereof, and such Receiver may be appointed by any court of
<br />competent jurisdiction upon ex parte application and without notice - notice being hereby expressly waived
<br />_ and all rents, issues and profits, income and revenue therefrom shall be applied by such Receiver to the
<br />payment of the indebtedness hereby secur'itd, according to the law and the orders and directions of the
<br />court.
<br />
<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 or
<br />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 to
<br />the time of the saie, may at once, at the option of the iegai holder thereof, become due and payable, and
<br />the said Property be sold in the manner and with the same effect as if said indebtedness had matured,
<br />and that if foreclosure be made by the PUBLIC TRUSTEE, an attorney's fee in a reasonable amount for
<br />services in the supervision of said foreclosure proceedings shall be allowed by the PUBLIC TRUSTEE as a
<br />part of the cost of foreclosure, and if foreclosure be made through the courts a reasonable attorney's fee
<br />Shall be taxed by the court as a part of the cost of such foreclosure proceedings.
<br />
<br />It is further understood and agreed, that if a reiease 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 and
<br />agreements contained herein and in the Contract shall extend to and be binding upon the heirs or assigns
<br />of the respective parties hereto; and that the singular number shall include the plural, the plural the
<br />singular, and the use of any gender shall be applicable to all genders.
<br />
<br />Executed the day and date first written above.
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<br />Highland Ditch Company, a Colorado nonprofit
<br />corporation
<br />
<br />By 6< "..eNA+ ,x,~ J,
<br />
<br />Robert Schlagel, President
<br />
<br />
<br />State of Colorado
<br />
<br />County of We. \ d
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<br />
<br />The foregoing instrument was ackno~!\l(,\i..g,\'I,~. before me this \;E day of 5""y-J-r""h-l..- 2000, by Robert
<br />Schlagel as President and Tom ,~Wdfu.ftaj;.. Corporate Secretary of the Highland Ditch Company.
<br />Witness my hand and official seat /'~,AR;-"":--"~ 0' j ~ .
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<br />My commission expires: MY;~~:~::::~~.:~~~RES
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