|
<br />11111111111I1111111111111111111111111111111111111111111,
<br />
<br />802007 08/20/2002 11:46A 81121 P498 F. JOHNSON
<br />3 of 3 R 1!.00 D 0,00 "orlAn County, CO
<br />
<br />the PU8LIC TRUSTEE, the State as holder of the note, or the holder of said certificate of purchase
<br />by an appropriate civil suit or proceeding, and the PUBLIC TRUSTEE, or the holder of said note or
<br />certificate of purchase, or any thereof, shall be entitled to a Receiver for said Property, and of the
<br />rents, issues and profits thereof, after such default, including the time covered by foreclosure
<br />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
<br />of said Property and without regard to the value thereof, and such Receiver may be appointed by
<br />any court of competent jurisdiction upon ex parte application and without notice - notice being
<br />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
<br />the law and the orders and directions of the court.
<br />
<br />And, that in case of default in any of said payments of principal or interest, according to
<br />the tenor and effect of said promissory note or any part thereof, or of a breach or violation of any
<br />of the covenants or agreements contained herein and in the Contract, by the GRANTOR, its
<br />personal representatives or assigns, then and in that case the whole of said principal sum hereby
<br />secured, and the interest thereon to the time of the sale, may at once, at the option of the legal
<br />holder thereof, become due and payable, and the said Property be sold in the manner and with
<br />the same effect as if said indebtedness had matured, and that if foreclosure be made by the
<br />PUBLIC TRUSTEE, an attorney's fee in a reasonable amount for services in the supervision of said
<br />foreclosure proceedings shall be allowed by the PUBLIC TRUSTEE as a part of the cost of
<br />foreclosure, and if foreclosure be made through the courts a reasonable attorney's fee shall be
<br />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 release or a partial release of this Deed of
<br />Trust is required, the GRANTOR, its successors or assigns will pay the expense thereof; that all
<br />the covenants and agreements contained herein and in the Contract shall extend to and be
<br />binding upon the heirs or assigns of the respective parties hereto; and that the singular number
<br />shall include the plural, the plural the singular, and the use of any gender shall be applicable to all
<br />genders ,
<br />
<br />..J:xecuted the day and date first written above,
<br />
<br />,/",,~~__~ {J , Upper Platte and Beaver Canai Company, a
<br />
<br />i ,<:(~".,.;i!, ;:\~,,~:1-?.t- Colorado nonprofit corporation
<br />; <.; ."r' "':y,,\ <"
<br />'''-'(:;'';''--''' '\~ ~
<br />~,D- \~~t,'q ~t i' e;.....,.' '~
<br />~' 't<J~';'-' ", ,., ,-
<br />,_- "'I"''J) _"'",.. .J....
<br />"~ .,'. ,.. , , B '
<br />1"...."1"""'"'''''' "jh Y
<br />\, '$-\."" ',' , , .', "/:e, Philip Mortensen, President,
<br />................ " ~;
<br />., A. r',~ES1i. ., .,/",1
<br />\, 1:0;'.,';-'::.\ ';
<br />, r./. "~I .,'11.
<br />
<br />"io,
<br />
<br />
<br />rate Secretary
<br />
<br />By
<br />
<br />State of Colorado }
<br />
<br />County of '-7r[ th ,'>f'ILA' ? SS ~""""'''',
<br />~ ."~~~.SM~t;,,,,,,,
<br />The foregoing instrument was acknowledged before me thisd ~~ of 7~A,"\.2002,
<br />by Philip Mortensen as President and Larry Johnson as secretarj o~..~tI~~ and
<br />Beaver Canal Company, Witness my hand and official seacXl. ! ~l -,. i ~
<br />'" . p ''"' :0:
<br />My commission expires: G. ~ o. u, i 4 ~'" .. ~/
<br />N~,.. ()W~O\.o""""
<br />1", \\"
<br />"""1111"'"
<br />
|