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<br />2505134 B-1560 P-605 08/08/96 02:03P PG 2
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<br />OF 3
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<br />to the GRANTOR at the address herein given and to such person or persons appearing to have acquired a suqsequent record
<br />interest in said Property at the address given in the recorded instrument; where only the county and state is give;, as the
<br />address then such notice shall be mailed to the county seat, and to make and give to the purchaser of the Property at such
<br />sale, a certificate in writing describing the Property purchased, and the sum paid therefor, and the time when the purchaser
<br />lor other person entitled thereto) shall be entitled to the deed therefor, unless the same shall be redeemed as is provided by
<br />law; and said PUBLIC TRUSTEE shall, upon demand by the person holding the said certificate of purchase, when said demand
<br />is made, or upon demand by the person entitled to a deed to and for the Property purchased, at the time such demand is
<br />made, the time for redemption having expired, make and execute to such person a deed to the Property purchased, which
<br />said deed shall be in the ordinary form of a conveyance, and shall be signed, acknowledged and delivered by the said PUBLIC
<br />TRUSTEE and shall convey and quitclaim to such person entitled to such deed, the Property purchased as aforesaid and all
<br />the right, title, interest, benefit and equity of redemption of the GRANTOR, its successors and assigns made therein, and shaH
<br />recite the sum for which the said Property was sold and shall refer to the power of sale therein contained, and to the sale
<br />made by virtue thereof; and in case of an assignment of such certificate of purchase, or in case of the redemption of the
<br />Property, by a subsequent encumbrancer, such assignment or redemption shall also be referred to in such deed; but the
<br />notice of sale need not be set out in such deed and the PUBLIC TRUSTEE shall, out of the proceeds or avails of such sale, after
<br />first paying and retaining all fees, charges and costs of making said sale, pay to the beneficiary hereunder the principal and
<br />interest due on said note according to the tenor and effect thereof, and all moneys advanced by such beneficiary or legal
<br />holder of said note for insurance, taxes and assessments, with interest thereon at ten per cent per annum, rendering the
<br />surplus, if any, unto the GRANTOR, its legal representatives or assigns; which sale and said deed so made shall be a perpetual
<br />bar, both in law and equity, against the GRANTOR. its successors and assigns, and all other persons claiming the Property,
<br />or any part thereof, by, from, through or under the GRAN rOR, or any of them. The holder of said note may purchase Property
<br />or any part thereof; and it shall not be obligatory upon the purchaser at any such sale to see to the application of the
<br />purchase money.
<br />And the GRANTOR, for itself and its successors or assigns covenants and agrees to and with the PUBLIC TRUSTEE, that at
<br />the time of the unsealing of and delivery of these presents it is well seized of the Property in fee simple, and has good right,
<br />full power and lawful authority to grant, bargain, sell and convey the same i" the manner and form as aforesaid; hereby fully
<br />and absolutely waiving and releasing all rights and claims it may have in or to said Property as a Homestead Exemption, or
<br />other exemption, under and by virtue of any act of the General Assembly of the State of Colorado, or as any exemption under
<br />and by virtue of any act of the United States Congress, now existing or which may hereafter be passed in relation thereto
<br />and that the same is free and clear of all liens and encumbrances whatever, and the above bargained Property in the quiet
<br />and peaceable possession of the PUBLIC TRUSTEE, its successors and assigns, against all and every person or persons lawfully
<br />claiming or to claim the whole or any part thereof, the GRANTOR shall and will Warrant and Forever Defend.
<br />Until payment in full of the indebtedness, the GRANTOR shall timely pay all taxes and assessments levied on the Property;
<br />any and all amounts due on account of principal and interest or other sums on any senior encumbrances, if any; and will keep
<br />the Property insured in accordance with the requirements of the Contract. Should the GRANTOR fail to insure the Property
<br />in accordance with the Contract or to pay taxes or assessments as the same fall due, or to pay any amounts payable upon
<br />senior encumbrances, if any, the beneficiary may make any such payments or procure any such insurance, and all monies
<br />so paid with interest thereon at the rate of ten percent (10%) per annum shall be added to and become a part of the
<br />indebtedness secured by this Deed of Trust and may be paid out of the proceeds of the sale of the Property if not paid by
<br />the GRANTOR. In addition, and at its option, the beneficiary may declare the indebtedness secured hereby and this Oeed of
<br />Trust to be in default for failure to procure insurance or make any further payments required by this paragraph.
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<br />And that in case of any default. whereby the right of foreclosure occurs hereunder, the PUBLIC TRUSTEE, the
<br />State as holder of the note, or the holder of a certificate of purchase, shall at once become entitled to the possession, use
<br />and enjoyment of the Property aforesaid, and to the rents, issues and profits thereof, from the accruing of such right and
<br />during the pendency of foreclosure proceedings and the period of redemption, if any there be, and such possession shall at
<br />once be delivered to the PUBLIC TRUSTEE, the State as holder of the note, or the holder of said certificate of purchase on
<br />request and on refusal, the delivery of the Property may be enforced by the PUBLIC TRUSTEE, the State as holder of the note,
<br />or the holder of said certificate of purchase by an appropriate civil suit or proceeding, and the PUBLIC TRUSTEE, or the holder
<br />of said note or certificate of purchase, or any thereof, shall be entitled to a Receiver for said Property, and of the rents, issues
<br />and profits thereof, after such default, including the time covered by foreclosure proceedings and the period of redemption,
<br />if any there be, and shall be entitled thereto as a matter of right without regard to the solvency or insolvency of the GRANTOR
<br />or of the then owner of said Property and without regard to the value thereof, and such Receiver may be appointed by any
<br />court of competent jurisdiction upon ex parte application and without notice. notice being hereby expressly waived. and
<br />all rents, issues and profits, income and revenue therefrom shall be applied by such Receiver to the payment of the
<br />indebtedness hereby secured, according to the law 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 and effect of said
<br />promissory note or any part thereof. or of a breach or violation of any of the covenants or agreements contained herein and
<br />in the Contract, by the GRANTOR, its personal representatives or assigns, then and in that case the whole of said principal
<br />sum hereby secured, and the interest thereon to the time of the sale, may at once, at the option of the legal holder thereof,
<br />become due and payable, and the said Property be sold in the manner and with the same elfect as if said indebtedness had
<br />matured, and that if foreclosure be made by the PUBLIC 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 of foreclosure, and
<br />if foreclosure be made through the courts a reasonable attorney's fee shall be taxed by the court as a part of the cost of such
<br />foreclosure proceedings.
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