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2017-05-31_REVISION - M1995034
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2017-05-31_REVISION - M1995034
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Last modified
6/16/2021 2:12:44 PM
Creation date
6/7/2017 10:02:42 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1995034
IBM Index Class Name
Revision
Doc Date
5/31/2017
Doc Name
Application
From
Absmeier Landscaping & Construction, LLC
To
DRMS
Type & Sequence
SO1
Email Name
SJM
WHE
Media Type
D
Archive
No
Tags
DRMS Re-OCR
Description:
Signifies Re-OCR Process Performed
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215 several. The captions and headings of the paragraphs in this Deed of Trust are for convenience only <br /> 216 and are not to be used to interpret or define the provisions hereof. <br /> 217 16. Notice. Except for any notice required by law to be given in another manner, (a)any <br /> 218 notice to Borrower provided for in this Deed of Trust shall be in writing and shall be given and be <br /> 219 effective upon (1)delivery to Borrower or(2)mailing such notice by first class U.S. mail, addressed to <br /> 220 Borrower at Borrower's address stated herein or at such other address as Borrower may designate by <br /> 221 notice to Lender as provided herein, and (b)any notice to Lender shall be in writing and shall be given <br /> 222 and be effective upon (1)delivery to Lender or(2)mailing such notice by first class U.S. mail,to <br /> 223 Lender's address stated herein or to such other address as Lender may designate by notice to <br /> 224 Borrower as provided herein.Any notice provided for in this Deed of Trust shall be deemed to have <br /> 225 been given to Borrower or Lender when given in any manner designated herein. <br /> 226 17. Governing Law; Severability. The Note and this Deed of Trust shall be governed <br /> 227 by the law of Colorado. In the event that any provision or clause of this Deed of Trust or the Note <br /> 228 conflicts with the law, such conflict shall not affect other provisions of this Deed of Trust or the Note <br /> 229 which can be given effect without the conflicting provision, and to this end the provisions of the Deed <br /> 230 of Trust and Note are declared to be severable. <br /> 231 18. Acceleration; Foreclosure; Other Remedies. Except as provided in paragraph 24 <br /> 232 (Transfer of the Property; Assumption), upon Borrower's breach of any covenant or agreement of <br /> 233 Borrower in this Deed of Trust, or upon any default in a prior lien upon the Property, (unless Borrower <br /> 234 has exercised Borrower's rights under paragraph 6 above), at Lender's option, all of the sums secured <br /> 235 by this Deed of Trust shall be immediately due and payable (Acceleration).To exercise this option, <br /> 236 Lender may invoke the power of sale and any other remedies permitted by law. Lender shall be <br /> 237 entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this <br /> 238 Deed of Trust, including, but not limited to, reasonable attorneys fees. <br /> 239 If Lender invokes the power of sale, Lender shall give written notice to Trustee of such <br /> 240 election.Trustee shall give such notice to Borrower of Borrower's rights as is provided by law. Trustee <br /> 241 shall record a copy of such notice as required by law. Trustee shall advertise the time and place of <br /> 242 the sale of the Property,for not less than four weeks in a newspaper of general circulation in each <br /> 243 county in which the Property is situated, and shall mail copies of such notice of sale to Borrower and <br /> 244 other persons as prescribed by law.After the lapse of such time as may be required by law,Trustee, <br /> 245 without demand on Borrower, shall sell the Property at public auction to the highest bidder for cash at <br /> 246 the time and place (which may be on the Property or any part thereof as permitted by law)in one or <br /> 247 more parcels as Trustee may think best and in such order as Trustee may determine, Lender or <br /> 248 Lender's designee may purchase the Property at any sale. It shall not be obligatory upon the <br /> 249 purchaser at any such sale to see to the application of the purchase money. <br /> 250 Trustee shall apply the proceeds of the sale in the following order: (a)to all reasonable costs <br /> 251 and expenses of the sale, including, but not limited to, reasonable Trustee's and attorney's fees and <br /> 252 costs of title evidence; (b)to all sums secured by this Deed of Trust; and (c)the excess, if any, to the <br /> 253 person or persons legally entitled thereto. <br /> 254 19. Borrower's Right to Cure Default. Whenever foreclosure is commenced for <br /> 255 nonpayment of any sums due hereunder, the owners of the Property or parties liable hereon shall be <br /> 256 entitled to cure said defaults by paying all delinquent principal and interest payments due as of the <br /> 257 date of cure, costs, expenses, late charges,attorney's fees and other fees all in the manner provided <br /> 258 <br /> 259 force and effect payment,this <br /> ugh no Acceeed of Trust and the leration ation had occurred,obligations <br /> 'andtthe foreclosure proby ceedings d nl remain in full <br /> law. Upon such gs shall be <br /> 260 discontinued. <br /> 261 20. Assignment of Rents; Appointment of Receiver; Lender in Possession. As <br /> 262 additional security hereunder, Borrower hereby assigns to Lender the rents of the Property; however, <br /> 263 Brrower shall, prior to paragraph <br /> 264 oroabandonmentt of the Property, have heration r right to collec8t and retain lsuch ore tsoas they Remedies)ther <br /> y become due <br /> 265 and payable. <br /> 266 Lender or the holder of the Trustee's certificate of purchase shall be entitled to a receiver for <br /> 267 the Property after Acceleration under paragraph 18(Acceleration; Foreclosure; Other Remedies), and <br /> 268 shall also be so entitled during the time covered by foreclosure proceedings and the period of <br /> 269 redemption, if any; and shall be entitled thereto as a matter of right without regard to the solvency or <br /> 270 insolvency of Borrower or of the then owner of the Property,and without regard to the value thereof. <br /> Page 5 of 7 <br />
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