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<br />~ <br />t <br />"- <br />I:::> <br /> <br />" <br /> <br />b'_":>1<'.2255 <br /> <br />PAGE807 <br /> <br />possession of the PUBLIC TRUSTEE. its successors and assigns, against all and every person or persons lawfully claiming or to claim <br />the whole or any part thereof, the GRANTOR shall and will Warrant and Forever Defend. <br /> <br />)~ <br /> <br />Until payment in full of the indebtedness, the GRANTOR shall timely pay all taxes and assessments levied on the Property; <br />any and all amounts due on account of principal and interest or other sums on any senior encumbrances, if any; and will keep the <br />Property insured in accordance with the requirements of the Contract. Should the GRANTOR fail to insure the Property in accordance <br />with the Contract or to pay taxes or assessments as the same faH due, or to pay any amounts payable upon senior encumbrances, <br />if any, the beneficiary may make any such payments or procure any such insurance, and all monies so paid with interest thereon <br />at the rate of ten percent (10%) per annum shall be added to and becom~ a part of the indebtedness secured by this Deed of Trust <br />and may be paid out of the proceeds of the sale of the Property if not paid by the GRANTOR. In addition, and at its option, the <br />beneficiary may declare tl1e indebtedness secured hereby and this Deed of Trust to be in default for failure to procure insurance <br />or make any further payments required by this paragraph. <br /> <br />'" <br />" <br />IQ <br /> <br />AND THAT IN CASE OF ANY DEFAULT, whereby the right of foreclosure occurs hereunder, the PUBLIC TRUSTEE, the State <br />as holder of the note, or the holder of a certificate of purchase, shall at once become entitled to the possession, use and enjoyment <br />of the Property aforesaid, and to the rents, issues and profits tl1ereof, from the accruing of such right and during the pendency <br />of foreclosure proceedings and the period of redemption, if any there be, and such possession shall at once be delivered to the <br />PUBLIC TRUSTEE, the State as holder of the note, or the holder of said certificate of purchase on request and on refusal, the delivery <br />of the Property may be enforced by the PUBLIC 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 certificate of purchase, or any <br />thereof, shall be entitled to a Receiver for said Propeny, amJ of the rents, issue::; and profits thereof, after such default, including <br />the time covered by foreclosure proceedings and the period of redemption, if any there be, and shall be entitled thereto as a matter <br />of right without regard to the solvency or insolvency of the GRANTOR or of the then owner of said Property and without regard to <br />the value thereof, and such Receiver may be appointed by any court of competent jurisdiction upon ex parte application and <br />without notice - notice being hereby expressly waived - and all rents, issues and profits, income and revenue therefrom shall be <br />D E applied by such Receiver to the payment of the indebtedness hereby secured, according to the law and the orders and directions <br /> <br />t ~ of the court. <br />, r AND, that in case of default in any of said payments Of principal or interest, according to the tenor and effect of said <br />promissory note or any part thereof, or of a breach or violation of any of the covenants or agreements contained herein and in the <br />Contract, by the GRANTOR, its successors or assigns, then and ir'l that case the whole of said principal sum hereby secured, and <br />r the interest thereon to the time of the sale, may at once, at the OPtion of the legal 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, and that if foreclosure be <br />~ made by the PUBLIC TRUSTEE, an attorney's fee in a reasonable amount for services in the superviSion of said foreclosure <br />" proceedings shall be allowed by the PUBLIC TRUSTEE as a part of the cost of foreclosure, and if foreclosure be made through the <br />courts a reasonable attorney's fee shall be taxed by the court as: a part of the cost of such foreclosure proceedings. <br />:/- ~ <br />'f.I- IT IS FURTHER UNOERSTOOO AND AGREEO, that if ~ release of this Oeed of Trust is required, the GRANTOR will pay <br />~ ;' the expense thereof; that all the covenants and agreements contained herein and in the Contract shall extend to and be binding <br />upon the successors and 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 />J0 <br /> <br />~t <br /> <br />~ <br />o <br />) <br />J <br />, <br />~ <br /> <br />Executed the day and date first written above. <br /> <br />(SEAL) <br /> <br />mm,-.l nCJ~\ u"cc-/ <br /> <br />Secretary <br /> <br />By: <br />Jani <br /> <br /> <br /><<-t' <br /> <br />State of Colorado <br />County of tv1 eeo.. <br /> <br />} S S <br /> <br /> <br />, 1996. by <br />ia! seal. <br /> <br />Notary Pllblic <br /> <br />~,,\\\IUII""JIJI. <br />"" :<.CCA l ,/111. <br />#' &,~....._...~...,.(~ <br />*" ~... -.. r ~ <br />~ ...~,QT AR ,:". ~ <br />:::: : \.. r ~ :::::. <br />~ : ~ : ~ <br />~ :. j ~ <br />~ ". ,oUBL\C,"" ~ <br />~ 0';.. ..s;) $ <br />;Z d-. .-SS;t <br />~-'r;.O-......'6~~~i'- <br />JI'.I,h,. f:r.nL .."" <br /> <br />My commission expires <br /> <br />-.Iu..ne 19-, lqqg <br />