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for taxes , insurance and assessments , or on an Ofin 6y"� fAuszt <br /> with interest thereon, and Y prior encumbrance, ' <br /> pay the principal and any other amounts <br /> due on any or all of such financial warranties as may then be in <br /> default, rendering the overplus (if any) unto the grantor; and ," * <br /> after the expiration of the time of redemption, said trustee "� � <br /> shall execute and deliver to the purchaser a deed to the property <br /> sold. The beneficiary may purchase said property or any part <br /> thereof at such sale. <br /> The grantor convenants 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 , ease- <br /> ments and special assessments of record and that grantor will <br /> keep all buildings fully insured for fire and extended coverage, <br /> and will pay all taxes and assessments against said property and <br /> amounts due on prior encumbrances (if any) and if grantor shall <br /> fail to pay insurance premiums, taxes or amounts due on an <br /> encumbrance, the beneficiaryY prior <br /> may pay the same and all amounts so <br /> paid shall become additional indebtedness due hereunder; and in <br /> case of foreclosure, grantor will pay beneficiary' s reasonable <br /> 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 April 15, 2018 , which is the final date by which reclamation <br /> is expected to be completed under the financial warranty first <br /> above 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 financial warranties or a breach of any of the covenants or <br /> conditions therein or in this deed of trust , then the principal <br /> sum hereby secured, and interest thereon, nay at the option of <br /> the beneficiary become due and payable at cnce, anything in said <br /> warranties to the contrary notwithstanding, and possession of <br /> said property will thereupon be delivered to the beneficiary, and <br /> on failure to deliver such possession the ieneficiary shall be <br /> entitled to a receiver for said property, who may be appointed by <br /> any court of competent jurisdiction. <br /> Whenever used herein the singular number shall include the <br /> plural , the plural the singular, and the use of any gender shall <br /> be applicable to all genders. All of the covenants herein shall <br /> 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 <br /> time with the written concurrence of, the beneficiary, to describe <br /> additional financial warranties which are to be secured by the <br /> deed of trust and to delete financial warranties which this deed <br /> of trust no longer secures. <br /> Page 2 of 3 Pages <br />