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PROJC01305
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PROJC01305
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Last modified
8/1/2013 11:35:12 AM
Creation date
10/6/2006 12:20:22 AM
Metadata
Fields
Template:
Loan Projects
Contract/PO #
C150019
Contractor Name
Pine River Canal Company
Contract Type
Loan
Water District
31
County
La Plata
Bill Number
SB 99-173
Loan Projects - Doc Type
Contract Documents
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<br />'\ <br /> <br />- ,. r'l ::- ~ <br />I U.J U ,) 'f <br /> <br />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 />entitled 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 be <br />applied by such Receiver to the payment of the indebtedness hereby secured, according to the law and <br />the orders and directions of the court. <br /> <br />And, that in case of default in any of said payments of principal or interest, according to the tenor and <br />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 successors or assigns, then and in <br />that case the whole of said principal sum hereby secured, and the interest thereon to the time of the <br />sale, may at once, at the option of the legal holder thereof, become due and payable, and the said <br />Property be sold in the manner and with the same effect as if said indebtedness had matured, and that if <br />foreclosure be made by the PU8L1C TRUSTEE. an attorney's fee in a reasonable amount for services in the <br />supervision of said foreclosure proceedings shall be allowed by the PUBLIC TRUSTEE as a part of the cost <br />of foreclosure, and if foreclosure be made through the courts a reasonable attorney's fee shall be taxed <br />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 expen'se thereof; that all 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 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 />Executed the day and date first written above. <br /> <br />Pine River Canal Company <br /> <br /> <br />By <br /> <br /> <br />State of C~ <br />' ~~- <br />County of /:, ~d.../ <br /> <br />55. <br /> <br />The foregoing instrument was acknowledged before me this ~::s day of <br />John Beaty as President and James W. Sutton as Corporate Secretary of t <br />Witness my hand and official seal. .' <br /> <br /> <br />Notary Public"" -,;, ':-. '.' <br />..~ .; ,,''''':':: ~..- <br />"... "'.0'" / <br />"~"'I ':' -. I j\~/ <br />'-lil!"~...t"''''''' <br /> <br />My commission expires <br />/47uL/- /7" ;7/: U /-' <br />/ /" <br />
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