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thence 47. 98 feet along the arc of a 159. 70 foot radius
<br /> curve to the right, which arc subtends a chord bearing
<br /> S. $4055' 35" E. 47.80 feet to the said west line
<br /> of the Weaver Addition,
<br /> thence S. 00025. 00" E. 144 . 07 feet along said west line of
<br /> the Weaver Addition to the true point of beginning,
<br /> containing 6.12 acres more or less, together with all
<br /> improvements thereon.
<br /> TO HAVE AND TO HOLD the same together with all appurtenances ,
<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 filing said
<br /> notice and demand at public auction for cash, at any proper place
<br /> designated in the Notice of Sale. Out of the proceeds of said
<br /> sale, said Trustee shall retain or pay first all fees, charges
<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 due 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 beneficiary 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 for
<br /> general taxes for current year, reservations, restrictions,
<br /> easements and special assessments of record, and that Grantor
<br /> will keep all buildings fully insured for fire and extended
<br /> coverage, and will pay all taxes and assessments against said
<br /> property and amounts due on prior encumbrances (if any) , and, if
<br /> Grantor shall fail to pay insurance premiums, taxes or amounts
<br /> due on any prior encumbrance, the beneficiary may pay the same
<br /> and all amounts so paid 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 time of payment of this Deed of Trust for purposes of
<br /> C.R.S. 1973, 38 40-106 and similar provisions of subsequent laws,
<br /> is May 31, 2028, which is the final date by which reclamation is
<br /> expected to be completed under the reclamation bond first above-
<br /> described.
<br /> Grantor covenants that Grantor will not directly or indirectly
<br /> engage in any mining operation upon said property or allow others
<br /> to do so, without the prior written consent 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 affecting this Deed of Trust or the title to said property,
<br /> the Grantor agrees 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 provided by law.
<br /> IT IS AGREED that, in case of default in payment of any of
<br /> said bonds or a breach of any of the covenants or conditions
<br /> therein or in this Deed of Trust, then the principal sum hereby
<br /> secured, and interest thereon, may, at the option of the beneficiary,
<br />
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