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<br />'"'l <br /> <br />!" <br /> <br />any thereof, shall be entitled to a Receiver for said Property, and of the rents, issues and profits <br />thereof, after such default, including the time covered by foreclosure proceedings and the period of <br />redemption, if any there be, and shall be entitled thereto as a matter of right without regard to the <br />solvency or 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 upon ex <br />parte application and without notice - notice being hereby expressly waived. and all rents, issues and <br />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. <br /> <br />And, that in case of default in any of said payments of principal or interest, according to the <br />tenor and effect of said promissory note or any part thereof, or of a breach or violation of any of the <br />covenants or agreements contained' herein and in the Contract, by the GRANTOR, its personal <br />representatives or assigns, then and in that case the whole of said principal sum hereby secured, and <br />the interest thereon to th'e 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 effect as if <br />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 shall be <br />allowed by the PUBLIC TRUSTEE as a part of the cost of foreclosure, and if foreclosure be made through <br />the courts a reasonable attorney's fee shall be taxed by the court as a part of the cost of such <br />foreclosure proceedings. <br /> <br />It is further understood and agreed, that if a release or a partial release of this Deed of Trust <br />is required, the GRANTOR, its successors or assigns will pay the expense thereof; that all the covenants <br />. .. e en 0 an e binding upon the heirs 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 />Ex~cuted the day and date first written above, <br /> <br />TheConsolidated Mutual Water Company, a <br />Colorado nonprofit corp~tion / _ / <br /> <br />BY~/~ ~d~ -, <br /> <br />(SEAL) Walter S. Welton, President <br /> <br /> <br />ATIESTd , " , <br /> <br />By :l1cu.l) t.""'7 <br />' . Secretary-Treasurer <br /> <br />State of Colorado <br /> <br />) <br />) S8 <br />) <br /> <br />County of Jefferson <br /> <br />". ~ <br />The foregoing instrument was acknowledged before me this .a:::day 'P<-. 1999, by <br />\Naller S. Welton as President and /flAdJ< S. ~fv as Seere ry.Treasurer of The <br />,.:..'~~()ti.~~ld~t,~d Mutual Water Company. Witness my hand a'n~ ~ <br /> <br />:-' ,:', , C~~iTcU <br />. . My ,;;ominission expires: JOHN J. ElOYLE <br />" .J, 12700W.27lhAVE. <br />. "'; LAKEWOOD, COLORADO 00215 <br />-...... -.' . : . . ~ COMMISSION EXPIRES APR. 2'4 2000 <br />