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<br />!76923 07/31/2000 01:20P B1014 P92 S, SISNROY
<br />3 of 3 R 1!.00 D 0.00 Otero County, CO
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<br />note, or the holder of said certificate of purchase by an appropriate civil suit or proceeding, and the
<br />PUBLIC TRUSTEE, or the holder of said note or certificate of purchase, or any thereof, shall be entitied to
<br />a Receiver for said Property, and of the rents, issues and profits thereof, after such default, including the
<br />time covered by foreclosure proceedings and the period of redemption, if any there be, and shall be
<br />entitied thereto as a matter of right without regard to the solvency or insolvency of the GRANTOR or of
<br />the then owner of said Property and without regard to the value thereof, and such Receiver may be
<br />appointed by any court of competent jurisdiction upon ex parte application and without notice - notice
<br />being hereby expressly waived - and all rents, issues and profits, income and revenue therefrom shall
<br />be applied by such Receiver to the payment of the indebtedness hereby secured, according to the law
<br />and the orders and directions of the court.
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<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
<br />or 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
<br />to the time of the sale, may at once, at the option of the legal holder thereof, become due and payable,
<br />and the said Property be soid in the manner and with the same effect as if said indebtedness had
<br />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
<br />TRUSTEE as a part of the cost of foreclosure, and if foreclosure be made through the courts a
<br />reasonable attorney's fee shall be taxed by the court as a part of the cost of 'such foreclosure
<br />proceedings.
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<br />It is further understood and agreed,. that if a release or a partial release of this Deed of Trust
<br />" is required, the GRANTOR, its successors or assigns will pay the expense thereof; that all the covenants
<br />'and agreements contained herein and in the Contract shall extend to and be binding upon the heirs or
<br />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.
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<br />, E;~Ei9\lted the day and date first written above.
<br />",'" 1,.
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<br />.:,. .\) ::.'.:.',> I,. Otero Oit
<br />f" ((;,:.", ',' . ": ' corporati
<br />:1/;;/ (SEAL}
<br />...,"g5> f. ~:'j (;,,-~~ )L.~.~~'I,': ':;! ~ By
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<br />.. II.ATrEST : ':, .' ,
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<br />. , \ \ " '.' 'Corporate Secretary
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<br />State of Colorado
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<br />County of Otero
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<br />The foregoing instrument was acknowledged before me thiS 4,-4 day of /l1~ II 2000, by
<br />ROQ:eW,Mi: Val(JElz as President and ?::off. (/ Cq'1#on as Secretary of the Otero Ditch
<br />COhi3any. WitnEis'S_my hand and official seal. ~
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<br />;~~(S~,)~~\), .. ':~'~ $' ;: ~ ~
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<br />~ ~I:"', /)U D \..\(~',' c , 1/0/:'2.00 (j ~ Notary Public
<br />My commission ,expires: _7 (
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