|
<br />, 11111/'1 111/111111111/11111111111/1111111/111111 "" I11I
<br />794196 08/24/2001 10:14A B1096 peS7 F. JOHNSON
<br />3 of 4 R 20.00 D 0.00 Mor,.n County, CO
<br />
<br />sale of the Property if not paid by the GRANTOR. In addition, and at its option, the beneficiary
<br />may declare the indebtedness secured hereby and this Deed of Trust to be in default for
<br />failure to procure insurance or make any further payments required by this paragraph. In the
<br />event of the sale or transfer of the Property, the beneficiary, at its option, may declare the
<br />entire balance of the note immediately due and payable.
<br />
<br />And that in case of any default, whereby the right of foreclosure occurs hereunder, the
<br />PUBLIC TRUSTEE, the State as holder of the note, or the holder of a certificate of purchase,
<br />shall at once become entitled to the possession, use and enjoyment of the Property aforesaid,
<br />and to the rents, issues and profits thereof, from the accruing of such right and during the
<br />pendency of foreclosure proceedings and the period of redemption, if any there be, and such
<br />possession shall at once be delivered to the PUBLIC TRUSTEE, the State as holder of the note,
<br />or the holder of said certificate of purchase on request and on refusal, the delivery of the
<br />Property may be enforced by the PUBLIC TRUSTEE, the State as holder of the note, or the
<br />holder of said certificate of purchase by an appropriate civil suit or proceeding, and the PUBLIC
<br />TRUSTEE, or the holder of said note or certificate of purchase, or any thereof, shall be entitled
<br />to a Receiver for said Property, and of the rents, issues and profits thereof, after such default,
<br />including the time covered by foreclosure proceedings and the period of redemption, if any
<br />there be, and shall be entitled thereto as a matter of right without regard to the solvency or
<br />insolvency of the GRANTOR or of the then owner of said Property and without regard to the
<br />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
<br />rents, issues and profits, income and revenue therefrom shall be applied by such Receiver to
<br />the payment of the indebtedness hereby secured, according to the law and the orders and
<br />directions of the court.
<br />
<br />And, that in case of default in any of said payments of principal or interest, according to
<br />the tenor and effect of said promissory note or any part thereof, or of a breach or violation of
<br />any of the covenants or agreements contained herein and in the Contract, by the GRANTOR, its
<br />personal representatives or assigns, then and in that case the whole of said principal sum
<br />hereby secured, and the interest thereon to the time of the sale, may at once, at the option of
<br />the legal holder thereof, become due and payable, and the said Property be sold in the
<br />manner and with the same effect as if said indebtedness had matured, and that if foreclosure
<br />be made by the PUBLIC TRUSTEE, an attomey's fee in a reasonable amount for services in the
<br />supervision of said fqreclosure proceedings ,shall be allowed by the PUBLIC TRUSTEE as a part
<br />of the cost of foreclosure, and if foreclosure be made through the courts a reasonable
<br />attomey's fee shall be taxed by the court as a part of the cost of such foreclosure
<br />proceedings.
<br />
<br />It is further understood and agreed, that if a release or a partial release of this Deed
<br />of Trust is required, the GRANTOR, its successors or assigns will pay the expense thereof; that
<br />all the covenants and agreements contained herein and in the Contract shall extend to and be
<br />binding upon the heirs or assigns of the respective parties hereto; and that the singular
<br />number shall include the plural, the plural the singular, and the use of any gender shall be
<br />applicable to all genders.
<br />
|