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-_J 51v- in accordance with § 16(Notice)by Lender to Borrower requesting payment thereof. Provided however,if the loan secured by this Deed of Trust is subject to RESPA or other laws regulating Escrow Accounts, such deficiency, surplus on any other required adjustment shall be paid,credited or adjusted in compliance with such applicable laws.Upon payment in full of all sums secured by this Deed of Trust, Lender shall simultaneously refund to Borrower any Funds held by Lender. If under § 18 (Acceleration; Foreclosure; Other Remedies) the Property is sold or the Property is otherwise acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender,whichever occurs first,any Funds held by Lender at the time of application as a credit against the sums secured by this Deed of Trust. 24. Transfer of the Property; Assumption. The following events shall be referred to herein as a"Transfer": (i)a transfer or conveyance of title(or any portion thereof, legal or equitable)of the Property(or any part thereof or interest therein); (ii)the execution of a contract or agreement creating a right to title(or any portion thereof; legal or equitable)in the Property(or any part thereof or interest therein); (iii) or an agreement granting a possessory right in the Property (or any portion thereof), in excess of 3 years;(iv) a sale or transfer of, or the execution of a contract or agreement creating a right to acquire or receive,more than fifty percent(50%)of the controlling interest or more than fifty percent(501/6)of the beneficial interest in Borrower, and(v) the reorganization, liquidation or dissolution of Borrower. Not to be included as a Transfer are (x) the creation of a lien or encumbrance subordinate to this Deed of Trust; (y)the creation of a purchase money security interest for household appliances,or (z)a transfer by devise,descent or by operation of the law upon the death of joint tenant. At the election of Lender,in the event of each and every Transfer: 24.1. All sums secured by this Deed of Trust shall become immediately due and payable(Acceleration). 24.2.If a Transfer occurs and should Lender not exercise Lender's option pursuant to this §24 to Accelerate, Transferee shall be deemed to have assumed all of the obligations of Borrower under this Deed of Trust including all sums secured hereby whether or not the instrument evidencing such conveyance, contract or grant expressly so provides. This covenant shall run with the Property and remain in full force and effect until said sums are paid in full. Lender may without notice to Borrower deal with Transferee in the same manner as with Borrower with reference to said sums including the payment or credit to Transferee of undisbursed reserve Funds on payment in full of said sums, without in any way altering or discharging Borrower's liability hereunder for the obligations hereby secured. 243.Should Lender not elect to Accelerate upon the occurrence of such Transfer then,subject to§24.2 above, the mere fact of a lapse of time or the acceptance of payment subsequent to any of such events, whether or not Lender had actual or constructive notice of such Transfer, shall not be deemed a waiver of Lender's right to make such election nor shall Lender be estopped therefrom by virtue thereof. The issuance on behalf of the Lender of a routine statement showing the status of the loan, whether or not Lender had actual or constructive notice of such Transfer,shall not be a waiver or estoppel of Lender's said rights. 25. Borrower's Copy. Borrower acknowledges receipt of a copy of the Note and this Deed of Trust. ROBINSON SONS INC B'-: �DANIEL P.ROBINSON, �� STATE OF COLORADO ) ) Ss, COUNTY OF LAS ANIMAS ) The foregoing instrument was acknowledged before me this day of ,e;2e/2,� by DANIEL P.ROBINSON, ,ROBINSON SONS INC W' y d �Icise� f4oiary Public: / My commission expires:./2 Z ✓a Order Number:29265 TD72-8-10. DEED OF TRUST(DUE ON TRANSFER—STRICT)