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<br />naming the beneficiary as mortgagee and shall further provide that the insurance may not be canceled upon less than ten days written notice
<br />to the beneficiary. At the option of the beneficiary, the original policy or policies of insurance shaH be delivered to the beneficiary as further
<br />security for the indebtedness. Should the GRANTOR fail to insure and deliver the policies or to pay taxes or assessments as the same fall
<br />due, or to pay any amounts payable upon senior encumbrances, if any, the beneficiary may make any such payments or procure any such
<br />insurance, and all monies so paid with interest thereon at the rate of ten per cent (10%) per annum shaH be added to an become a part of
<br />the 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 the GRANTOR.
<br />In addition, and at its option, the beneficiary may declare the indebtedness secured hereby and this Deed of Trust to be in default for failure
<br />to procure insurance or make any further payments required by this paragraph.
<br />
<br />AND THAT IN CASE OF ANY DEFAULT, whereby the right of foreclosure occurs hereunder, the PUBLIC TRUSTEE or the holder of said
<br />note or certificate of purchase, shall at once become entitled to the possession, use and enjoyment of the property aforesaid, and to the
<br />rents, issues and profits thereof, from the accruing of such right and during the pendency of foreclosure proceedings and the period of
<br />redemption, if any there be: and such possession shall at once be delivered to the PUBLIC TRUSTEE or the holder of said note or certificate
<br />of purchase on request and on refusal, the delivery of such possession may be enforced by the PUBLIC TRUSTEE or the holder of said note
<br />or certificate of purchase by an appropriate civil suit or proceeding, and the PUBLIC TRUSTEE, or the holder of said note or certificate of
<br />purchase, or any thereof, shall be entitled 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 there be, and shall be entitled thereto as a matter
<br />of right without regard to the solvency or insolvency of the GRANTOR or of the then owner of said property and without regard to the value
<br />thereof, and such Receiver may be 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 applied by such Receiver to the
<br />payment of the indebtedness hereby secured, according to the law and the orders and directions of the court.
<br />
<br />AND, that in case of default in any of said payments or principal or interest, according to the tenor and effect of said promissory note
<br />afores-aid, or any of them, or any part thereof, or of a breach or violation of any of the covenants or agreements herein, by the GRANTOR,
<br />its personal repressntatives or assigns, then and in that case the whole of said principal sum hereby secured, and the interest thereon to
<br />the time of the saie, may at once, at the option of the iegal hoider thereof, become due and payabie, and the said properlY be sold in the
<br />manner and with the same effect as if said indebtedness had matured, and that if foreclosure be made by the PUBLIC TRUSTEE, an attorney's
<br />fee in a reasonable amount for services in the supervision of said foreclosure proceedings shaH 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 attorney's fee shall be taxed by the court as a part
<br />of the cost of such foreclosure proceedings.
<br />
<br />IT IS 'FURTHER UNDERSTOOD AND AGREED, that if a release of this Deed of Trust is required, the GRANTOR will pay the expense
<br />thereof; that all the covenants and agreements herein contained shall extend to and be binding upon the heirs, personal representatives,
<br />successors and assigns of the respective parties hereto; and that the singular number shall include the plural, the plura,l the singular, and
<br />the use of any gender shall be applicable to all genders.
<br />
<br />Executed this '2.-1- day of J1I /1J-ttH ~
<br />
<br />,1994.
<br />
<br />~t~
<br />\2g, Ul (~A \/'.-Ct l"", -T'I?E:E>l riW
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<br />t7 ;J.:>v<'-"S 14.-\"-<-'\ 5e<--
<br />
<br />ATTEST:
<br />
<br />(SEAL)
<br />
<br />State of Colorado. }
<br />'.: ss
<br />County of Gar~ti;,l? . . r.
<br />/ ~,\..,),')!..r:.,:,;v'!1 .
<br />The fo.~egoing')~stfu~ifh~' was acknowledged before me this 27th day of.
<br />
<br />H~\{g'hey~;;;~s"'j:,r~si~~t, ,and by James Rathell, as
<br />seal: :::; " i .1 " _,: t;':: "-,,,
<br />~,~.:;:,~'; -: 'L ~ \ \ '-'If ()'~
<br />-... I 'J ", C:;,'
<br />
<br />~ \, .~) ~.,,_~;~t{;:" Notary Public
<br />
<br />My commission., ek'~irts"-('!6\~-"
<br />'~!'.:_l !~; . .',
<br />10/31/95'.:" .
<br />
<br />
<br />November
<br />
<br />, 1994. by Reid
<br />
<br />. Witness my hand and
<br />
<br />Rebecca L. Norton
<br />
<br />No.
<br />
<br />DEED OF TRUST FROM
<br />TO THE PUBLIC TRUSTEE
<br />
<br />For The Use Of
<br />
<br />State of Colorado
<br />
<br />} SS
<br />
<br />County of
<br />I hereby certify that this instrument was filed for record in my office at o'clock _.M.,
<br />_, 19_, and is duly recorded in book , page Film No. _ Reception No. _.
<br />
<br /><rl
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<br />
<br />Clerk and Recorder
<br />
<br />Deputy
<br />
<br />Fees, $
<br />
<br />b~;n;n
<br />
<br />J:l-o~o
<br />
<br />p-'r<::~
<br />
<br />Uo/lU/~o U4:14P PG <::
<br />
<br />OF <::
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