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r Best Co RECEIVED
<br /> PY Available
<br /> OCT 102017
<br /> DEED OF TRUST
<br /> (Continued) PEER RESOURCES
<br /> STATE ENGINEER COLO.
<br /> law or in equity.
<br /> Sale of the Property. In exercising its rights and remedies, Lender shall be from to designate on w before It files an a notice of RECEIVED
<br /> election and demand with the Trustee,that the Trustee sell all or y part of the Property together or separately,in ane sale or by D
<br /> separate sales. Lender swell be entitled to bid at any public sale on all or any portion of the Property. Upon any sale of the L,1
<br /> Property,whether made under a power of sale granted in this Deed of Trust or pursuant to judicial proceedings, if fhe holder of
<br /> the Note is a purchaser at such sale, it shall be entitled to use and apply all, or any portion of, the Indebtedness for or in OCT settlement or payment of all, or any portion of the pur se cha price of the Property purchased,end, In such case,thin Deed of 42017
<br /> Trust, the Not., and any documents evidencing expenditures secured by this Dead of Trust shall be presented to the Person
<br /> conducting the sale In order that the amount of Indebtedness so used or applied may be credited thereon as having been paid.
<br /> Attorneys'Fees:Expenses. It Lender fora.[....or institutes any suit or action to enforce any of the terms of this Dead of Twat,STER RE6OURC-
<br /> S
<br /> Lender shall be entitled to recover such sum as the court may adjudge reasonable sitattorneys'fees at trial and upon any appeal. ATE ENGINEER Mama,or not any court action is invohied,and to the extent for prohibited by law,all reasonable expanses Lender incurs that in COI O
<br /> Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of
<br /> the Indebtedness payable on demand and shall bear Interest at the Note race from the data of the expenditure until repaid.
<br /> Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's
<br /> attorneys' fees whether or not there is a lawsuit,including attorneys'fees ad expenses far bankruptcy proceedings(including
<br /> efforts to modify or vacate any automatic stay or injunction),appeals,and any anticipated poat-judgment collection services.the
<br /> cost of searching records, obtaining title reports linc[uding foreclosure reports), suveywa' reports, and appraisal fees, title
<br /> insurance,and fee.for the Trustee,to the extent Permitted by applicable law. Grantor also will pay any court coats,in addition
<br /> to all other sums provided by law.
<br /> Rights of Trustee. To the extent permitted by applicable law,Trustee shall have all of the fights and duties of Lender as set forth
<br /> in this section.
<br /> NOTICES. Any notice required to be given under this Deed of Trust Including without limitation any notice of default and any notice
<br /> of sale shall be given in writing, end shall be effective when actually delivered, when actually received by telefacsimi[e (unless
<br /> otherwise required by law),when deposited with a nationally recognized overnight courier,or,if mailed,when deposited in the United
<br /> States mail, as first clai certified or registered mail Postage prepaid, direated to the addressee shown near the beginning of this
<br /> Deed of Trust. All copies of notices of foreclosure from the holder of any Ilen which has priority over this Deed of Trust shall be sent
<br /> to Lender's address,as shown near the beginning of this Deed of Twat. Any person may change his or her address for notices under
<br /> this Dead of Trust by giving formal written notice to the other Person or persons, specifying that the purpose of the notice is to
<br /> change the person's address. For notice purposes,Grantor agrees to keep Lender Informed at all times of Grantor's currant address.
<br /> Unless otherwise provided or required by law,if there is more than one Grantor,any notice given by Lender to any Grantor is deemed
<br /> to be notice given to all Grantor', It will be Grantor's responsibility to fell the others of the notice from Lender.
<br /> MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a pan of this Deed of Trust
<br /> Amendments. What is written in this Deed of Trust and N the Retated Documents is Grantor's entire agreement with Lender
<br /> concerning the manors covered by this Deed of Trust. To be effective,any charge or amendment to this Deed of Trust must be
<br /> in writing and must be signed by whoever will be bound or obligated by the change or amendment.
<br /> Caption Headings. Caption headings In this Deed of Trust are for convenience purposea only and are rot to be used to interpret
<br /> or define the provisions of this Dead of Trust.
<br /> Merger. There shall be no merger of the interest or estate created by this Deed at Trust with any other interest or estate In the
<br /> Property at any time held by or for the benefit of Lender in any capacity,without the written consent of Lender.
<br /> Governing Law. This Deed of Trust still be governed by fe l law applicable to Lender and,so the extent not preempted by
<br /> federal law,the Iowa of the State of Colorado without regard to its conlgen of law provisions. This Dead of Trust has been
<br /> accepted by Lender in the Stab of Colorado.
<br /> Choke of Venue. If there is a lawsuit,Grantor agree.upon Lender's request to submit to the jurisdiction of the courts of La Plata
<br /> County,State of Colorado.
<br /> Joint and Several Liability. All obligations of Grantor under this Dead of Trust shall be joint and several.and all references to
<br /> Grantor shall mean each and every Grantor. This means the each Grantor signing below la responsible for all obligations in this
<br /> Dead of Twat.
<br /> No Waiver by Lender. Grantor understands Lander will not give up any of Lender's rights under this Deed of Trust unless Lender
<br /> does so in writing. The fact that Lender delays or omits to exercise any right will not mean that Lender has given up that right.
<br /> If Lender does agree in writing to give up one of Lender's rights,that does not mean Grantor will not have to comply with the
<br /> other provisions of this Dead of Trust. Grantor also understands Nat if Lender does consent to a request,that does not mean
<br /> ue Grantor will not have to get Lender's consent again if me situation happens again. Grantor fuller understands that lust
<br /> because Lefler consent.to one or more of Grantor's requests,that does not mean Lender will be required to consent to any of
<br /> Grantor's twure requests. Grantor waives presentment, demand for payment, protest, and notice of disfavor, In the event
<br /> Lender institutes legal process to obtain possession of the Property and to the extent permitted by law,Grantor hereby knowingly
<br /> and voluntarily waives any right to a hearing prior to a court order granting Lender that right to take possession of the Property.
<br /> Grantor waives all rights of exemption from execution or similar law In the Property,ad Grantor agrees that the rights of Lender
<br /> In the Property under the Deed of Trust are prior to Grantor's rights while this Deed of Trust remains in effect.
<br /> ScyerabNty. It a court find.that any provision of this Dead of Trust he not valid or should not be enforced,that fact by itself will
<br /> not mean that the rest of this Deed of Trust will not be valid or enforced. Therefore, a court will enforce the rest of the
<br /> provisions of this Deed of Trust even B a Provision of this Dead of Twat may be found m be invalid or unenforceable.
<br /> Successwe and Assigns. Subject to any limitations stated in this Deed of Trust on Transfer of Grantor's Interest,this Deed of
<br /> Trust shall be binding upon and inure to the benefit of the parties, their successors and assign.. If ownership of the Property,
<br /> becomes vested in a person other than Grantor. Lender, without notice to Grantor, may deal with Gmmor's successors with
<br /> reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Grantor from the
<br /> obligations of this Deed of Trust w liability under the Indebtedness.
<br /> Time is of the Essence. Time is of the essence in the Performance of this Deed of Trust.
<br /> Waive.key. All panties to MI,Deed of Trust hereby wall"tore right to any Any trial in any action,proceeding.or countercWm
<br /> brought by any Perry against sny,other party.
<br /> Waver of Homestead Exemption. Grantor hereby releases and waives all rights end benefits of the homestead exemption laws of
<br /> the State of Colorado as to all Indebtedness secured by this Deed of Trust.
<br /> DEFINITIONS. The following words shall have the following meanings when used in this Dead of Trust:
<br /> Berarkiii The word'Beneficiary'means Bank of Colorado,and its successor.and assigns.
<br /> Borrower. The word 'Borrower' mean. Julie Diane Anderson ad Robert Bruce Anderson ad includes all co-signers and
<br /> co-makers signing the Note and ed their successors and assigns. _uu_._nn..00ta....._... .. ..- ..
<br /> Dead of Trust. The words'Deed of Trust' mean this Deed of T 19I an QW&"CHWQL ad Trustee,end Includes without
<br /> limitation all assignment and security!merest provisions relating ttFY,.�eps��el��,ager;y pwQ��?eslta.- • 1
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