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<br />for said Property, and of the rents, issues and profits thereof, after such default, including the time covered <br />by foreclosure 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 of said <br />Property and without regard to the value thereof. and such Receiver may be appointed by any court of <br />competent jurisdiction upon ex parte application and without notice - notice being hereby expressly waived <br />- and all rents, issues and profits, income and revenue therefrom shall be applied by such Receiver to the <br />payment of the indebtedness hereby secured, according to the law and the orders and directions of the <br />court. <br /> <br />And, that in case of default in any of said payments of principal or interest, according to the tenor <br />and effect of said promissory note or any part thereof, or of a breach or violation of any of the covenants or <br />agreements contained herein and in the Contract, by the GRANTOR, its personal representatives or <br />assigns, then and in that case the whole of said principal sum hereby secured, and the interest thereon to <br />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, <br />and that if foreclosure be made by the PUBLIC TRUSTEE, an attorney's fee in a reasonable amount for <br />services in the supervision of said foreclosure proceedings shall be allowed by the PUBLIC TRUSTEE as a <br />part of the cost of foreclosure, and if foreclosure be made through the courts a reasonable attorney's fee <br />shall be 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 Trust is <br />required, the GRANTOR, its successors or assigns will pay the expense thereof; that all the covenants and <br />agreements contained herein and in the Contract shall extend to and be binding upon the heirs or assigns <br />of the respective parties hereto; and that the singular number shall include the plural, the plural the <br />singular, and the use of any gender shall be applicable to all genders, <br /> <br />, Executed the day and date first written above. <br /> <br /> <br />,.~ .> <br /> <br />Woodchuck Ditch Company, a Colorado <br />nonprofit corporation <br /> <br />By ~ 2~4?~-;n <br />(j &ie Zimmerman, President <br /> <br />State of Colorado <br />County of _y..-O\ d-r <br /> <br />1111111111111111111111111111111111111111111111111111111 <br /> <br />541909 03/13/2001 12:17P Kay Welnland <br />3 of 3 R 15.00 D 0.00 Routt County, CO <br /> <br />SS <br /> <br />The foregoing instrument was acknowiedged before me thi~ day of <br />by Joe Zimmerman as President and rQ-\<::.,~ UJi.JL\\f lxY'\ as Corporate Secreta <br />Woodchuck Ditch Company. Witness my hand a ij official s . <br /> <br /> <br />200', <br />of the <br /> <br />" . My CommIssion Expires 05'15 <br />My commiSSion expires: I f2002 <br /> <br />f o;r ;..... TIJ. ....... <.~~~ <br />g '! ,,:/J I?r \, ,t.. <br />- .. \ \ ~ <br />~ : ....:rJ'v-<~.. : ! <br />~ t b \~: F <br />;. tJ' "0 I ~ :, '. \ ) ..'" 0 ~ <br />s )lo .... '~l'.: q ~ <br />~I.... ~l' "0- ',.,.'Y- .$ <br />"'. it --. ~ c;"' ...".. <br />....",. tl( t. ".,'-- ,,-' <br />.'./".,....., ' <br />