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<br /> <br />11111111111I11111111111 <br /> <br />533020 03/20/2000 01:04P B851 P637 LMcCracken <br />3 or 3 R 15.00 D 0.00 Delta Cty, CO Clerk & Rec <br /> <br />proceedings and the period of redemption, if any 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 PUB~JC <br />TRUSTEE, the State as holder of the n6te, or the holder of said certificate of purchase by an appropriate <br />civil suitor 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 inMlvency of the GRANTOR or of the then owrier of said Property and without regard to <br />the value thereof, and such Receiver may be appoil'lted by any court of competent jurisdiction upon ex <br />parte application and without notice - notice being hereby expressly waived - and. all rents, issues. and <br />profits, income and revenue therefrom shall be applied by such Receiver to the payment of the <br />indebtedness hereby secured, according to the law and the orders and directions of the court. <br /> <br />And, that incase 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 th~ court as a part of the cost of such foreclosure <br />proceedings. <br /> <br />It is further understood and agreed, that if ~ 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 arid in the COntract shall extend to and be binding upon the <br />successors or assigns of the respective parties hereto; and that the singular riumber shall include the <br />pluralcth$'p!(JraIJ,Di'! singular; and the use of any gender shall be applicable to all genders. . <br /> <br />:ax:~_nd date first written above. <br /> <br />..Leroux Cre <br />~ <br />By <br /> <br /> <br /> <br />SS, <br /> <br />County of <br /> <br />/:1~ /,,-{ <br />. <br /> <br />The foregoing instrument was acknowledgedbefor~ me this .5. day of 7~ ..v.. . .z d' ~ (' <br />by Thomas M. Alvey, as President and Susan P. Alvey as Corporate Secretary of the Leroux Creek <br />Water Users' Association. Witness my hand and official s <br /> <br />fst & Bridge Street <br />HotchkiSs,CO <br />My Commission Expires <br />September, 29, 2000 <br /> <br /> <br />My commission expires <br />