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And the grantor, for hirrnelf and its h,...e. personal rcpneseatao tes or warynt catteanit and agreesled ebb the Public Trustee. that at the date of <br />the caseating of and delivery of these presents Ire is welt scam/ of the said land and warm—rd. rev leo simple. and has good right. full linear and lawful <br />authority to gram. bargain, sell mad convey the same in the manner and formes aft•tewld. heathy fully end obsoletely waiving rod releasing all ?Islas end <br />claims he any haws In or to said lands. tenements. and properly us a Homestead Denim ion. or other exemption, under and by virtue of any us of the <br />General Assembly of the Slam of Colorado. or as any exemption under and by sMee of any set of the United Stales Congress. cow eahtiq or which may <br />Emitter be passed in retries thereto and that the same are bee and cleat of ell liens and encumbrances whatever. math <br />12 /31 /1997 08:00 REC FEE: alb. 00 <br />MOFFAT COUNTY. CO. JESSIE ROWLEY — CO CLERK 11 RECOR RECONs 199702 5OF <br />349003 <br />and the above bargained property in the gum and peaceable posseserre of the Public Trustee. his Successors and arigne agates all and every person or <br />persons lawfully claiming or to claim the whole or any pan thereof. the grantor shall end will Warrant and Fenner Defend. <br />Until payment in full of die Indebtedness. the gamer shall timely pay all taus and auaswma is levied on dor property: any end all amounts duo on <br />account of principal and armrest at other sums on any senior encumbrances. If say: and will keep all Impruvenens that may be an alai tenth hunted <br />against any casualty low. Including m lateded *Menge. in a company or communes,nmting the nes worth requitenteres at the bsnefislwy hereof In an <br />aatotaS not leu than the Wen tatat Indebtedness. Each policy shall contain a loss payable clause naming the beneficiary ea mortgagee tad dell further <br />provide that the insurance rosy not be canceled upon less than len days wood,. nodce rs the beeMkiary. At the aptionof the beneficiary. thsotialtd policy <br />of policies of insurance shall be delivered to The beneficiary es further smutty the the Indebtedness. Should the grantor MI to basun and deliver the <br />poi kits or to pry taxes ansessroesusas the same all due. or topsy any servants payable upon seater eneuinbranceS, tf any. the beneficiary may make any <br />sorb payments or procure any such innaaaee, sad all montes so paid with latemat demon at the nee of 96 per annum shad be added to and <br />becot eat ofIts °pelvis, the seemed bythis Deed ofTntuandrosy bepaid owofthe proceeds of the sale ofduproperty ifnot paid bythe grantor. In <br />reqbeneficiary <br />declare <br />to seethed Indebtedneei herby and this Deed of Tent to be In defwls 16r fallen to peoeure <br />insurance or make say of the payments <br />by aparagraph. <br />II ell oe pay pert of lu prepetty man bneresl therein Is sold or tranaWaad by the grantorwithout beneficWsOor written eonsetu. excluding (a) the <br />madam of a lien oreecumbbrraaeeee subordinate to this beednfTrust. (br the eseetion of parchma money meeutity Want for household <br />transfer by devise, descent or by operation of law upon the death oft joint trim or Id) the grant of any Ieaelsold Invest of thee men orrllate noa <br />t <br />cansudna an option to puttees. beneflciery may. et beneficiary's option, declare alt the sums mewed by this Deed W That to be Immediately dor and <br />payable. BenelicIrry shall have waived such option to accelerate if. prior to the sate or transfer, beneficiary sod the person an whom the pmpeny t to be <br />fold or transferred reaches teenswt is writing that the credit of sash person Is atlsfaehory to beneficiary and dislike basest peyebb on the some secured <br />by this Doed of bus: dm11 be st weds me as beneficiary shat( request <br />AND THAT IN CASE OF ANY DEFAULT. Whereby the right of foreclosue occurs hereunder. the Public Trustee or the holder rat said nom or <br />certificate of purchase. shall al once become entitled to the posseaalon. ase and enjoyment of the property afcresatd. and to the rents, ISMS and profits <br />thereof, (min the accruing of such right and during the pendency of foreclosure proceedings and the period of rettngakmt. If any there br and such <br />possession shall at once be delivered to the Public Trustee or the holder of said wee or certihcate of purchase on request. and ten refusal, the delivery of <br />such possession may be enforced by the Public Trusts or the holder of said Mae orcertihate of purchase by any re civil suit or <br />the Public Trustee. or the holder of said tate or eertrllcate ofefProeef the <br />lend <br />purchase. or env these./. shell in entitleddthe Real to eat said property. tad be. <br />tints. <br />Issues and profits thereof,, alta stlelt defaut. including rbc time covered by &sec:losu2 ptcuxedings and perfecter redeaspion. if any there he, and spall <br />be entitled Iherelo as a matter of right without regard to the solvency ur Insolvency of Mc grantor or of the then ow•nsr,f sold property and without regard to <br />the value thereof, and such Receiver maybe appointed by any court of emnpeterejurisdktion upon ea curie apPpiiavton and without mike—nice being <br />hereby expressly trained — sad all rents. issues aril profits. income and revenue thetefmm shall bet applied by such Receive to the ogees of five <br />indebtedness hereby seemed. according to the bre and the orders and directions of the Court. <br />AND, Tnat in case of death in any of said payments of pdnciput or Interest, according W the terror sod eifixinf saidp.amnissory note aforesaid, or any <br />of them. or any part thereof. or of a breach or violation of sty of the :Manana erasreentear hereto, by the grantor, his personal representallves or matens, <br />then and in that case the whole of said principal suet hereby secured, and the interest thereon to the time of the sale, may at owe. at the option of the leg at <br />holder thereof. become out and payable, andthe said property be mild in the manse• end with the same effect as If said indebtedness had mewed. and that <br />if foreclosure be made by the Public Trustee. un untrrcy < nee of the stan sot <br />for services in the supervision of said foreclosure procxdtogs shell be allowed by tic NM u; Truster as a part of the cost of foreclosure, and if foreclosure <br />>x made through the courts s reasonable attorney's fee ;hull be used by rte court ass pan of the cols of such foreclosure proceedings. <br />The ungctar number shall include the plural, the Murat she singular, end the .ter• of any gender shall be applicable to all genders <br />Executed this "3p 1A" day of December t9 97 <br />ATTEST: <br />(SLAW <br />Stet of Colorado <br />County u1 2!o f f at <br />ieS <br />puglas peeh <br />L�� <br />lyzr�. S.‘;( Sheehan <br />"Inc forsgorng tnstmment ores acknowledged before me in the <br />Sum of Colorado this '3 C w day of Dncomber <br />J Douglas Sheehan and Glynda 3. Sheehan. <br />himess my hand and seal. <br />My commission expires ni tvue .I 55, 1 998 <br />I -- <br />I <br />County of Moffat <br />.19 97 , by <br />1 <br />at <br />a <br />3 <br />Meer,. <br />I <br />3 <br />