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<br />JIJlJ.lJJ.IJ I) IIII UL~~v':..
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<br />the State of Colorado, or as any exemption under and by virtue of any act of the United States Congress, now
<br />existing or which may hereafter be passed in relation thereto and that the same is free and clear of all liens and
<br />encumbrances whatever, and the above bargained Properly in the quiet and peaceable possession of the PUBLIC
<br />TRUSTEE, its successors Bnd assigns, against all and every person or persons lawfully ciaimlng or to claim the whole
<br />or any part thereof, the GRANTOR shall and will Warrant and Forever Defend.
<br />Until payment in full of the indebtedness, the GRANTOR shall timely pay all taxes and assessments levied on
<br />the Properly; any and all amounts due on account of principal and Interest or other sums on any senior
<br />encumbrances, if any; and will keep the Properly insured In accordance with the requirements of the Contract.
<br />Should the GRANTOR fail to insure the Properly in accordance with the Contract or to pay taxes or assessments as
<br />the same fall due, or to pay any amounts payable upon senior encumbrances, if any, the beneficiary may make any
<br />such payments or procure any such insurance, and all monies so paid with interest thereon at the rate of ten percent
<br />(10%) per annum shall be added to and become a part of the indebtedness secured by this Deed of Trust and may
<br />be paid out of the proceeds of the sale of the Properly if not paid by the GRANTOR, In addition, and at its option, the
<br />beneficiary may declare the indebtedness secured hereby and this Deed of Trust to be in default for failure to procure
<br />insurance or make any further payments required by this paragraph. In the event of the sale or transfer of the
<br />Properly, the beneficiary, at its option, may declare the entire balance of the note immediately due and payable,
<br />And that in case of any default, whereby the right of foreclosure occurs hereunder, the PUBLIC TRUSTEE,
<br />the State as holder of the note, or the holder of a certificate of purchase, shall at once become entitled to the
<br />possession, use and enjoyment of the Properly aforesaid, and to the rents, issues and profits thereof, from the
<br />accruing of such right and during the pendency of foreclosure proceedings and the period of redemption, if any there
<br />be, and such possession shall at once be delivered to the PUBLIC TRUSTEE, the State as holder of the note, or the
<br />holder of said certificate of purchase on request, and on refusal, the delivery of the Properly may be enforced by the
<br />PUBLIC TRUSTEE, the State as holder of the note, or the holder of said certificate of purchase by an appropriate civil
<br />suit or proceeding, and the PUBLIC TRUSTEE, or the holder of said note or certificate of purchase, or any thereof, shall
<br />be entitled to a Receiver for said Properly, and of the rents, issues and profits thereof, after such default, Including the
<br />time covered by foreciosure proceedings and the period of redemption, if any there be, and shall be entitled thereto
<br />as a matter of right without regard to the solvency or insolvency of the GRANTOR or of the then owner of said Properly
<br />and without regard to the value thereof, and such Receiver may be appointed by any court of competent jurisdiction
<br />upon ex parte application and without notice - notice being hereby expressly waived - and all rents, issues and profits,
<br />income and revenue therefrom shall be applied by such Receiver to the payment of the indebtedness hereby
<br />secured, according to the law and the orders and directions of the court.
<br />And, that in case of default in any of said payments of principal or interest, according to the tenor and effect
<br />of said promissory note or any part thereof, or of a breach or violation of any of the covenants or agreements
<br />contained herein and in the Contract, by the GRANTOR, its successors or assigns, then and in that case the whole of
<br />said principal sum hereby secured, and the interest thereon to the time of the sale, may at once, at the option of the
<br />legal holder thereof, become due and payable, and the said Properly be sold in the manner and with the same effect
<br />as if S\il:l indebtedness had matured, and that if foreclosure be made by the PUBLIC TRUSTEE, an attorney's fee in a
<br />reasona5\lt,.amo..unt for services in the supervision of said foreclosure proceedings shall be allowed by the PUBLIC
<br />TRUSTEE a'Sl'l~Hlart of the cost of foreclosure, and if foreclosure be made through the courts a reasonable attorney's
<br />fee shall be ta~;1:)Y the court as a part of the cost of such foreclosure proceedings. .
<br />. ." It is fU~..:.: nderstood and agreed, that if a release or a partial release of this Deed of Trust is required,
<br />/... tlq~..GRANTOR, its ~U"" ssors or assigns will pay the expense thereof; that all the covenants and agreements
<br />,\. ,'bpntained hereih and 1(1~. Contract shall extend to and be binding upon the successors or assigns of the respective
<br />. I" '" ,pa.rtie6:M.reto; ant! tpat,tti . ular number shall include the plural, the plural the singular, and the use of any gender
<br />l '" / sh'a.!1 be applicable t<:t {III gen . sf.. .
<br />. - i (/!' E~cU;ep tfue day and:j;late first written above.
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<br />ATTEST
<br />
<br />
<br />The Left Hand Ditch Company, a Colorado nonprofit
<br />corporatio'/J/.2 /J
<br />By UL~~4
<br />
<br />Richard Behrmann, President
<br />
<br />State of Colorado )
<br />
<br />County of ~~ l 55. sf
<br />
<br />The foregoing instrument was acknowledged before me this :1} day of
<br />as President and John M. Schlagel as Corporate Secretary of the Left Hand Ditc
<br />official seal.
<br />
<br />My Commission expires 4-2G-2Q02
<br />My commission expires
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