Laserfiche WebLink
<br />holder of said certificate of purchase by an appropriate civil suit or procbcding, and the PUBLIC TRUSTEE, or <br />the holder of said note or certificate of purchase, or any thereof, shall be entitled to a Receiver for said <br />Property, and of the rents, issues and profits thereof, after such default, including the time covered by <br />foreclosure proceedings and the period of redemption, if any there be. and shall be entitled thereto as a <br />matter of right without regard to'the solvency or insolvency of the GRANTOR or of the then owner of said <br />Property and without regard to the value thereof, and such Receiver may be appointed by any court of <br />competent jurisdiction upon ex parte application and without notice - notice being hereby expressly waived <br />- 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 <br />court. <br /> <br />And, that in case of default in any of said payments of principal or interest, according to the tenor <br />and effect of said promissory note or any part thereof, or of a breach or violation of any of the covenants or <br />agreements contained herein and in the Contract, by the GRANTOR, its personal representatives or assigns, <br />then and in that case the whole of said principal sum hereby secured, and the interest thereon to the time <br />of the sale, may at once, at the option of the legal holder thereof, become due and payable, and the said <br />Property be sold in the manner and with the same effect as if said indebtedness had matured, and that if <br />foreclosure be made by the PUBLIC TRUSTEE, an attomey'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 <br />foreclosure, and if foreclosure be made through the courts a reasonable attomey's fee shall be taxed by <br />the court as a part of the cost of such foreclosure proceedings. <br /> <br />It is further understood and agreed, that if a release or a partial release of this Deed of Trust is <br />required, the GRANTOR, its successors or assigns will pay the expense thereof; that all the covenants and <br />agreements contained herein and in the Contract shall extend to and be binding upon the heirs or assigns <br />of the respective parties hereto; and that the singular number shall include the plural, the plural the <br />singular, and the use of any gender shall be applicable to all genders. <br /> <br />Executed the day and date first written above., <br /> <br />Arkansas Groundwater Users Association, a <br />Colorado nonprofit corporation <br /> <br />By ~$l/W~ <br /> <br />rd G. Walter, Vice-President <br /> <br />A TTEST(SEAL): <br /> <br />By ~~rP <br /> <br />Keith Beattie, Corporate Secretary <br /> <br />County of Otero <br /> <br />) <br />) <br />) <br /> <br />SS <br /> <br />State of Colorado <br /> <br /> <br />.in!>trument was acknowledged before me this 6th day of March 1998, by Clifford G. Walter <br />, ,.. if the Arkansas Groundwater Users Association. Witness my hand and official seal. <br /> <br />, <br /> <br />/ <br />/ ~ -<".t' c;;7 ::------- <br /> <br />Notarv Public <br /> <br />-"..;/:,..~-,,/ <br />