1984-06-06_GENERAL DOCUMENTS - C1981017

• Permit No: C1981017
• IBM Index Class Name: GENERAL DOCUMENTS
• Doc Date: 6/6/1984
• Doc Name: Bid Documents ‎(IMP)‎ Proposed Forms and Bonds
• Permit Index Doc Type: General Correspondence
• Media Type: D
• Archive: No

thence 47 . 98 feet along the arc of a 159 . 70 foot radius curve
to the right, which arc subtends a chord bearing
S . 84055 ' 35" E. 47 . 80 feet to the said west line of
the Weaver Addition;
thence S . 00025 ' 00" E. 144 .07 feet along said west line of
the Weaver Addition to the true point of beginning,
containing 6 . 12 acres more or less , together with all im-
provements thereon and also known as Street No.
TO HAVE AND TO HOLD the same together with all appurtenances,
in trust nevertheless, that in case of default in the payment of
said financial warranty or any of said financial warranties , or
any part thereof, or interest thereon, or in the performance of
any covenant or condition set forth in any such bond or herein-
after set forth, then upon the beneficiary (bondholder) filing
notice of election and demand for sale, said public trustee,
after advertising notice of said sale weekly, for not less than
four (4) weeks in some newspaper of general circulation in said
county shall sell said property in the manner provided by law in
effect at the time of filing said notice and demand at public
auction for cash, at any proper place designated in the notice
of sale. Out of the proceeds of said sale said trustee shall
retain or pay first all fees , charges and costs and all moneys
advanced for taxes, insurance and assessments , or on any prior
encumbrance, with interest thereon, and pay the principal and
any other amounts due on any or all of such financial warranties
as may then be in default, rendering the overplus (if any) unto
the grantor; and after the expiration of the time of redemption,
said trustee shall execute and deliver to the purchaser a deed
to the property sold. The beneficiary may purchase said
property or any part thereof at such sale.
The grantor covenants that at the time of delivery of these
presents, grantor is seized of said property in fee simple, and
that said property is free of encumbrances , except liens for
general taxes for current year, reservations , restrictions,
easements and special assessments of record and that grantor will
keep all buildings fully insured for fire and extended coverage,
and will pay all taxes and assessments against said property and
amounts due on prior encumbrances (if any) and if grantor shall
fail to pay insurance premiums, taxes or amounts due on any prior
encumbrance, the beneficiary may pay the same and all amounts so
paid shall become additional indebtedness due hereunder; and in
case of foreclosure, grantor will pay beneficiary' s reasonable
attorney' s fees.
The time of payment of this deed of trust for purposes of
C.R.S . 1973, 38-40-106 and similar provisions of subsequent laws ,
is April 15, 2018, which is the final date by which reclamation
is expected to be completed under the financial warranty first
above described.
Grantor covenants that grantor will not directly or indirectly
engage in any mining operation upon said property or allow others
to do so, without the prior written consent of the beneficiary,
and that so doing would be an event of default under this deed
of trust.
Should the beneficiary hereunder be made a party to any
action affecting this deed of trust or the title to said property,
the grantor agrees that all court costs and a reasonable attorney' s
fee paid by the beneficiary shall become additional indebtedness
due hereunder and the grantor does hereby release and waive all
claims in said property as a homestead exemption or other
exemption now or hereafter provided by law.
IT IS AGREED that in case of default in payment of any of
said financial warranties or a breach of any of the covenants or
conditions therein or in this deed of trust, then the principal
sum hereby secured, and interest thereon, may at the option of
the beneficiary become due and payable at once, anything in said
- 2 -