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expected to be completed under the Financial Warranty first above described, or until <br />such time as a replacement financial warranty is submitted and accepted by the Board. <br />Grantor covenants that Grantor will not directly or indirectly engage in any <br />mining operation upon said property, or allow others to do so, without the prior written <br />consent of the beneficiary, and that so doing would be an event of default under this Deed <br />of Trust. <br />Should the beneficiary hereunder be made a party to any action affecting this <br />Deed of Trust or the title to said property, the Grantor agrees that all court costs and a <br />reasonable attorney's fee paid by the beneficiary shall become additional indebtedness <br />due hereunder and the Grantor does hereby release and waive all claims in said property <br />as a homestead exemption or other exemption now or hereafter provided by law. <br />IT IS AGREED that, in case of default in payment of said Financial Warranties or <br />a breach of any of the covenants or conditions therein or in this Deed of Trust, then the <br />principal sum hereby secured, and interest thereon, may, at the option of the beneficiary, <br />become due and payable at once, anything in said Warranties to the contrary <br />notwithstanding, and possession of said property will thereupon be delivered to the <br />beneficiary, and on failure to deliver such possession, the beneficiary shall be entitled to <br />receiver for said property, who may be appointed by any court of competent jurisdiction. <br />Whenever used herein, the singular number shall include the plural, the plural the <br />singular, and the use of any gender shall be applicable to all genders. All of the <br />covenants herein shall be binding upon the respective heirs, personal representatives, <br />successors and assigns of the parties hereto. <br />This Deed of Trust may be amended by Grantor from time to time, with the <br />written concurrence of the beneficiary, to describe additional Financial Warranties which <br />are to be secured by the Deed of Trust and to delete Financial Warranties which this Deed <br />of Trust no longer secures. <br />Should any provision of this Deed of Trust be found to violate the statutes or <br />court decisions of the State of Colorado, or of the United States, such provision shall be <br />deemed to be amended to comply with and conform to such statutes and decisions. <br />(FSPT /DRAFT /10/3/2002 04:02 PM /CF13 DEED OF TRUST. INCIDENTAL RIGHTS (84012):1) <br />