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<br />th~ Property it not paid by the GRAN.I....... In addition, and at its option, the beneficiary mi:lY declare the indebtedness secured hereby and
<br />thIs Deed of Trust to be in default for failure to procure insurance or make any further payments required by this paragraph.
<br />
<br />AND THAT IN CASE OF ANY DEFAULT, whereby the right of foreclosure occurs hereunder, the PUBLIC TRUSTEE, the State as holder
<br />of the note, or the holder of a certificate of purchase, shall at o(lce become entitled to the possession, use and enjoyment of the Property
<br />aforesaid. and to the rentS. issues and profits thereof, from the .lIccruing of such right and during the pendency of foreclosure proceedings
<br />and the period of redemption. if any there be. and such possession shall at o.nee be delivered to the PU811C TRUSTEE, the State as holder of
<br />the note, or the holder of said certificate of purchase on request and on refusal. the delivery of the Property may be enforced by the PuBLIC
<br />TRUSTEE. the State as holder of the note, or the holder of said certificate of purchase by an appropriate civil suit or procee.ding, and the PUBLIC
<br />TRUSTEE, or the holder of said note or certificate of purchase, or al'lY thereof, shall be entitled to a Receiver for said Property, and of the rents.
<br />issues and profits thereof, after such default, including the time covered by foreclosure proceedings aod 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 of the then owner
<br />of said Property and without regard to the value thereof, and such R~ceiver may be appointed by any court of competent juriSdiction upon
<br />ex parte application and without notice - notice being hereby expressly waived - and all rents, issues and profits. income and revenue
<br />therefrom shall be applied by such Receiver to the payment of the indebtedness hereby secured, according to the law and the orders and
<br />directions of the court.
<br />
<br />AND, that in case of default in any of said payments of principal or interest, according to the tenor and effect of said promissory note
<br />or any part thereof, or of a breach or violation of any of the covef1ants or agreements contained herein arld in the Contract, by the GRANTOR.
<br />its successors or assigns. then and in that case the whole of said principal sum hereby secured, and the interest thereon to the time of the
<br />sale, may at once, at the option of the legal 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 PUBLIC TRUSTeE. an attorney's fee in a reasonable
<br />amount for services in the supervision of said 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 atto!ney's fee shall be taxed by the court as a part of the cost of
<br />such foreclosure proceedings.
<br />
<br />IT IS FURTHER UNDERSTOOD AND AGREED, that if a rel~ase of this Deed of Trust is required, the GRANTOR will pay the expense
<br />thereof; that all the covenants and agreements contained herein ~nd in the Contract shall extend to and be binding upon the successors and
<br />assigns of the respective parties hereto; and that the singular number shall include the plural, the plur81 the singular, and the use of any
<br />gender shall be applicable to all enders. .
<br />IS]'
<br />Executed this ~ day of
<br />
<br />
<br />.1995.
<br />/
<br />
<br />9~ ,>Jfjft/;~
<br />
<br />ATTEST:
<br />
<br />(SEAL)
<br />
<br />~~
<br />} 55
<br />
<br />State of Colorado
<br />
<br />County of MESA
<br />The foregoing instrument was acknowledged before me this -.!.E:1'- day of
<br />MARGARET W. RHODES AND JANICE MULLER
<br />
<br />DECEMBER
<br />
<br />,1995, by_
<br />
<br />No.
<br />
<br />. Witness m.vhand andofticial seal
<br />~\\I\\lIII""I/II'
<br />,*' CCA l 1111.
<br />~~... ... ,.~
<br />* '.. ..;1 ~
<br />f !.~OTARy"" ~
<br />= . ~- . =
<br />~\ y-y-v ii
<br />~ . 'o~'BE'I;. . ~
<br />~ u/-.. I ..~:o..;
<br />'%:~.... ...S:>~
<br />.~ 'If ........OR--~ *
<br />";I",,,/~, OF CO~ ~.,\~....",
<br />'fI~,,, I'~' ~ \' .
<br />
<br />My commission expires
<br />
<br />
<br />JUNE 12, 1999
<br />
<br />OEEO OF TRUST FROM
<br />
<br />TO THE PUBLIC TRUSTEE
<br />For The Use Of
<br />
<br />State of Colofado
<br />
<br />}
<br />
<br />55
<br />
<br />County of
<br />
<br />I hereby certify that this instrument was filed for record in (1ly office at o'clock .M.,
<br />19_, and is duly recorded in book , page Film No. _ Reception No~.
<br />
<br />Clerk arld Recorder
<br />
<br />Deputy
<br />
<br />Fees, $
<br />
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