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<br />55801308/21/2002 10:10A B938 P209 LMcCracken
<br />3 of 3 R 15.00 D 0.00 Della Cly, CO Clerk & Rec
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<br />the PUBLIC TRUSTEE, the State as holder of the note, or the holder of said certificate of purchase
<br />by an appropriate civil suit or proceeding, and the PUBLIC TRUSTEE, or the holder of said note or
<br />certificate of purchase, or any thereof, shall be entitled to a Receiver for said Property, and of the
<br />rents, issues and profits thereof, after such default, including the time covered by foreclosure
<br />proceedings and the period of redemption, if any there be, and shall be entitled thereto as a
<br />matter of right withDut regard to the solvency or insolvency of the GRANTOR or of the then owner
<br />of said Property and without regard to the value there'of: and such Receiver may be appointed by
<br />any court of competent jurisdiction upon ex parte application and without notice - notice being
<br />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
<br />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
<br />the tenor and effect of said promissory note or any part thereof, or of a breach or violation of any
<br />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 hereby
<br />secured, and the interest thereon to the time of the sale, may at once, at the option of the legal
<br />holder thereof, become due and payable, and the said Property be sold in the mar\l)er and with
<br />the same effect as if said indebtedness had matured, and that if foreclosure be made by the
<br />PUBLIC TRUSTEE, an attorney's fee in a reasonable amount for services in the supervision of said
<br />foreclosure proceedings shall be allowed by the PUBLIC TRUSTEE as a part of the cost of
<br />foreclosure, and if foreclosure be made through the courts a reasonable attorney's fee shall be
<br />taxed by the court as a part of the cost of such foreclosure proceedings.
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<br />It is further understood and agreed, that if a release or a partial release of this Deed of
<br />Trust is required, the GRANTOR, its successors or assigns will pay the expense thereof; that ali
<br />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 number
<br />shall include the plural, the plural the singular, and the use of any gender shall be applicable to all
<br />genders.
<br />.. .'"
<br />, i ,Executed the day and date first written above.
<br />" . ~'\.~ A' ';!":'''~~~''~: ~~;;~,ljr
<br />~.. '<.'f;.( .;!};:;.;.,;)~:;~~~;;ii!! Cedar Mesa Ditch and Reservoir Company, a
<br />r-[;}'jd..: ...... ".:.,{,.'.'~:':~\Y, Colorado onprofil corporation
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<br />By
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<br />Robert E. Phillips, Corporate Secr
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<br />State of Colorado )
<br />i\ ) SS
<br />County of .JJ.e.--1*--. ) (:t--z.... .
<br />The foregoing instrument was acknowledged before me this Laay of 2002,
<br />by Herschel G. Burgess as President and Robert E. ,P '''ips as Secreta of the Cedar Mesa
<br />Ditch and Reservoir Company. Witness my hand and ff' ial seal'. . /),
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<br />My commission expires: -/ L-- . ~ ~
<br />. Notary Public
<br />NOTARY PUBLIC
<br />STATE OF CGL\HlADO
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<br />.
<br />My Commission Expires 311112003
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