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TO HAVE AND TO HOLD the same together with all apburtenances,
<br />in trust nevertheless, that in case of default in the payment of
<br />said bond or any of said bonds, or any part thereof, or interest
<br />thereon, or in the performance of any covenant or condition set
<br />forth in any such bond or hereinafter set forth, then upon the
<br />beneficiary (bondholder) filing notice of election and demand for
<br />sale, said Public Trustee, after advertising notice of said sale
<br />weekly, for not less than four (4) weeks in some newspaper of
<br />general circulation in said county, shall sell said property in
<br />the manner provided by law in effect at the time of filinc said
<br />notice and demand at public auction for cash, at any prover place
<br />designated in the Notice of Sale. Out of the proceeds o° said
<br />sale, said Trustee shall retain or pay first all fees, c'raraes
<br />and costs and all monies advanced for taxes, insurance and assess-
<br />ments, or on any prior encumbrance, with interest thereon, and
<br />pay the principal and any other amounts hue on any or all of such
<br />bonds as may then be in default, rendering the overplus (if any)
<br />unto the Grantor; and, after the expiration of the time of
<br />redemption, said Trustee shall execute and deliver to the purchaser
<br />a deed to the property sold. The beneficiar}> may purchase said
<br />property or any part thereof at such sale.
<br />The Grantor covenants that, at the time of delivery of these
<br />presents, Grantor is seized of said property in fee simple, and
<br />that said property is free of encumbrances, except liens fcr
<br />general taxes for current year, reservations, restrictions,
<br />easements and special assessments of record, and that Grantor
<br />will keep all buiidincs fully insured for fire and extended
<br />coverage, and will pay all taxes and assessments acainst said
<br />property and amounts due on prior encumbrances (if ary), and, if
<br />Grantor shall fail to pay insurance premiums, taxes cr amounts
<br />due on any prior encumbrance, the beneficiary may pay the same
<br />and all amounts so Raid shall become additional indebtedness due
<br />hereunder; and, in case of foreclosure, Grantor will pay benefi-
<br />ciary`s reasonable attorney's fees.
<br />The tlme Of payment Of th15 Deed Of TrL'St fCr bL'rb05°S Of
<br />C.R.S. 1973, 38-40-100' and similar provisicns of subsecuent laws,
<br />is *;ay 31. 2028, which is the 'final date by which reclamation is
<br />exbected to be com_oleted under the reclamation bond first above-
<br />described.
<br />Granter covenants that Grantor will not cirectlp er indirectly
<br />engage in any r,.ininc operation upon said property or allow others
<br />t0 d0 50, wlthOllt the Pr10_T WrlttEn cor_sent of the beneficiary,
<br />and that so doing would be an event of default under this Deed of
<br />Trust.
<br />Should the beneficiary hereunder be made a party to any
<br />action affect'-ng th15 Deed Of TYL'St Or the titlE t0 Said DrOD2_tV,
<br />the Grantor acrees that all court costs and a reasonable attorney's
<br />fee paid by the beneficiary shall become additional indebtedness
<br />due hereunder and the Grantor does hereby release and waive all
<br />claims in said property as a homestead exemption or other exemption
<br />now or hereafter brovided by law.
<br />IT IS AGREED that, in Case of default 1n payment of any cf
<br />said bonds or a breach of any of the covenants or conditions
<br />therein or in this Deed of Trust, then the principal sw-a hereby
<br />secured, and interest thereon, may, at the option of the beneficiary,
<br />become due and payable at once, anything fir. said bonds to the
<br />contrary notwithstanding, and possession of said property will
<br />thereupon be delivered to the beneficiary, and on failure to
<br />deliver such possession, the beneficiary shall be entitled to a
<br />receiver for said property, who may be appointed by any court of
<br />competent jurisdiction.
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