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<br />BOOK2302
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<br />PAGE12
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<br />GRANTOR, or any or them. The holder or said Dote may purchase Property or any part thereof, and it shall
<br />not be obligatory upon the purchaser at any such sale to see to the application of the purchase.
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<br />And the GRANTOR, tor itself and its successors or assigns, covenants and agrees to and with the
<br />PUBUC TRUSTEE, that at the time DC the unsealing of and delivery of tbese presents, it is well seized of the
<br />Property In tee simple, and has good rlghlt tull power and lawful authority to grant, bargain, sell and convey
<br />the same in the manner and form as aforesaid; hereby fully and absolutely waiving and releasing all rights
<br />and claims it may have in or to said Property 88 a Homestead Exemption, or other exemption, under and by
<br />virtue 01 any act or the General Assembly or the State or Colorado, or as any exemption under and by virtue
<br />01 any act or the United States Congress, now existing or which may hereafter be passed in relation thereto
<br />and that tbe same is free and clear of all liens and encumbrances wbatever, and the above bargained Property
<br />in the quiet and peaceable possession of the PUBUC TRUSTEE, its successors and assigns, against all and
<br />eve.,. person or persons lawfully claiming or to claim the whole or any part thereof, tbe GRANTOR shall and
<br />will Warrant and Forever Defend.
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<br />Until payment in fun of tbe indebtedness, the GRANTOR sball timely pay all taxes and assessments
<br />levied on the Property; any and all amounts due on account of princlpal and Interest or otber sums on any
<br />senior encumbrances, if any; and will keep the Property insured in accordance with the requirements of the
<br />Contract. Should the GRANTOR fail to insure the Property in accordance with tbe Contract or to pay taxes
<br />or assessments as tbe same faU due, or to pay any amounts payable upon senior encumbrances, if any, tbe
<br />beneficiary may make any such payments or procure any such insurance, and all monies 80 paid with interest
<br />thereon at tbe rate often percent (10%) per annum shall be added to and become a part oUhe indebtedness
<br />secured by this Deed of Trust and may be paid out of the proceeds of the sale 01 the Property if not paid by
<br />the GRANTOR. In addition, and at Its option, the beneficiary may d<<lare the indebtedness secured hereby
<br />and this Deed of Trust to be In default for fatlure to procure Insurance or make any further payments
<br />required by tbls paragraph. In tbe event of the sale or transfer of the Property, tbe beneficiary, at its option,
<br />may declare tbe entire balance of tbe note immediately due and payable.
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<br />And tbat in a case of any default, whereby tbe right of foreclosure occurs bereunder, the PUBliC
<br />TRUSTEE, the State as holder 01 the note, or the holder of a certificate of purchase, shall at once become
<br />entitled to tbe possession, use and enjoyment of the Property aforesaid, and to tbe rents, issues and profits
<br />tbereof, from the accMdng of sucb rigbt and during tbe pendency of foreclosure proceedings and the period
<br />of redemption, if any tbere be, and sucb possession shall at once be delivered to tbe PUBUC TRUSTEE, the
<br />State as bolder of the note, or the holder of said certificate of purchase on request, and on rel\JsaI. the
<br />delivery of tbe Property may be enforced by tbe PUBUC TRUSTEE, tbe State, as holder of tbe note, or the
<br />holder of said certificate of purchase by an appropriate civil suit or proceeding, and the PUBUC TRUSTEE,
<br />or tbe bolder of said note or certificate of purchase, or any thereof, shall be entitled to a Receiver for said
<br />Property, and of tbe rents, Issues and profits tbereof, after sucb default, including the time covered by
<br />foreclosure proceedings and the period 01 redemption, if any there be, and shall be entitled thereto as a matter
<br />of right without regard to tbe solvency or insolvency of the GRANTOR or of the then owner of said Property
<br />and without regard to tbe value thereof, and such Receiver may be appointed by any court oC competent
<br />Jurisdiction upon ex parte application and without notice. notice being hereby expressly waived ~ and all
<br />rents, issues and profits, income and revenue tberefrom shall be applied by sucb Receiver to the payment of
<br />the indebtedness bereby secured, according to the law and the orders and directions of the Court.
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<br />And, tbat 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 tbe GRANTOR, its successors or assigns, tben and in
<br />tbat case, tbe wbole of said principal sum hereby secured and the interest thereon to tbe time of the sale, may
<br />at once, at the option of the legal holder thereof, become due and payable, and the said Property be sold in
<br />the manner and with the same effect as If said indebtedness had matured, and that if foreclosure be made
<br />by the PUBUC TRUSTEE, an attorney's fee in a reasonable amount for senrlces in the supenrision of said
<br />foreclosure proc:eedings .hall be allowed by the PUBUC TRUSTEE a. a part of the cost of foreclosure, and
<br />if foreclosure be made through the courts a reasonable attorney's fee sban be taxed by tbe court liS a part of
<br />the cost of sucb loreclosure proceedings.
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<br />It is furtber understood and agreed that - if a release or a partial release of this .Deed of Trust is
<br />required, tbe GRANTOR, its successors or assigns, will pay the expense thereof; that aU the covenants and
<br />agreements contained herein and In the Contract shall extend to and be binding upon the successors or
<br />assigns of the respective parties hereto; and that tbe singular number sball Include the plural, the plural the
<br />singular, and the use or any gender Ilhall be applicable to uU gClnders.
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<br />Executed the day and date first written above.
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<br />:");:::..'{'~"'" .<~ ,,--am M. Zilm, Secfi~
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<br />WEST DMDE WATER CONSERVANCY D1STRICI'
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<br />A/"t?~ ~
<br />Kelly Couey, President
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<br />By
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