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RECEPTION#: 668>t20,09/30/2020 at 02:01:45 PM, Pgs 7 of 9, Janice K. Vos Caudill, Pitkin County, CO
<br /> DWR Division 5
<br /> Received
<br /> 8/10/2021
<br /> # 10014521
<br /> DEED OF TRUST
<br /> (Continued) Page 7
<br /> La rider's reasonable attorneys'fees not in excess of fifteen percent (15%) of the unpaid debt after de cult and referral to an
<br /> all anney not Lender's salaried employee whether or not there is a lawsuit, including reasonable attorneys' fees and expenses for
<br /> be ikruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), a peas, and any anticipated
<br /> post-judgment collection services, the cost of searching records,obtaining Mile reports(including foreclosure reports), surveyors'
<br /> rel iorts, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law. Grantor also will
<br /> pa any court costs, In addition to all other sums provided by law.
<br /> RIS his of Trustee. To the extent permitted by applicable law,Trustee shall have all of the rights and cluties of Lender as set forth
<br /> in his section.
<br /> NOTIC S. 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, and shall be effective when actually delivered, when actually received telefacsimile (unless
<br /> otherwi a required by law), when deposited with a nationally recognized overnight courier, or, if mailed,w ien deposited in the United
<br /> States all, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this
<br /> Deed o Trust. All copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent
<br /> to Lend is address, as shown near the beginning of this Deed of Trust. Any person may change his or lu r ad ress for notices under
<br /> this De of Trust by giving formal written notice to the other person or persons, specifying that the l,urpcse of the notice Is to
<br /> change he person's address. For notice purposes, Grantor agrees to keep Lender informed at all times ol Grantor's current address.
<br /> Unless thenvise provided or required by law, if there is more than one Grantor, any notice given by Lencle r to ny Grantor is deemed
<br /> to be n tice given to all Grantors. It will be Grantor's responsibility to tell the others of the notice from Len Jer.
<br /> MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br /> Amendments. What is written in this Deed of Trust and in the Related Documents is Grantor's en Ire agreement with Lender
<br /> concerning the matters covered by this Deed of Trust. To be effective, any change or amendment to his eed of Trust must be
<br /> in writing and must be signed by whoever will be bound or obligated by the change or amendment.
<br /> Cal tion Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not o be used to interpret
<br /> or define the provisions of this Deed of Trust.
<br /> Mei ger. There shall be no merger of the interest or estate created by this Deed of Trust with any of er Ir terest or estate in the
<br /> Property at any time held by or for the benefit of Lender in any capacity,without the written consent o Lender.
<br /> Go erning Law. This Deed of Trust will be governed by federal law applicable to Lender and, to thi t ext Brit not preempted by
<br /> federal law, the laws of the State Of Colorado without regard to Its conflicts of law provisions. Th a Died of Trust has been
<br /> accepted by Lender in the State of Colorado.
<br /> Choice of Venue. if there is a lawsuit, Grantor agrees upon Lender's request to submit to the.jurisdiction Df the courts of PIWn
<br /> County, State of Colorado.
<br /> Joint and Several Liability. All obligations of Borrower and Grantor under this Deed of Trust shall b joint and several, and all
<br /> references to Grantor shall mean each and every Grantor, and all references to Borrower shall mean eactl and every Borrower.
<br /> Thi$means that each Grantor signing below is responsible for all obligations In this Deed of Trust.
<br /> No Valver by Lender. Grantor understands Lender will not give up any of Lender's rights under this D ied f Trust unless Lender
<br /> doe so In writing. The fact that Lender delays or omits to exercise any right will not mean that Len r has given up that right.
<br /> If L near does agree in wrlting to give up one of Lender's rights, that does not mean Grantor will no ha a to comply with the
<br /> oth r provisions of this Deed of Trust. Grantor also understands that if Lender does consent to a re ues, that does not mean
<br /> that Grantor will not have to get Lender's consent again if the situation happens again. Grantor fur her understands that just
<br /> bec use Lender consents to one or more of Grantor's requests,that does not mean Lender will be re uIrec to consent to any of
<br /> Gra rides future requests. Grantor waives presentment, demand for payment, protest, and notice f di honor. In the event
<br /> Len er institutes legal Process to obtain possession of the Property and to the extent permitted by law,Grater hereby knowingly
<br /> and voluntarily waives any right to a hearing prior to a court order granting Lender the right to take p sse s,on
<br /> of the Properly.
<br /> Grantor waives all rights of exemption from execution or simllar law In the Property, and Grantor agm that the rights of Lender
<br /> in the Property under this Deed of Trust are prior to Grantor's rights while this Deed of Trust remains in effect.
<br /> Sev rabllity. If a court finds that any provision of this Deed of Trust is not valid or should not be enfo ed,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 wl I en orce the rest of the
<br /> prov slons of this Deed of Trust even If a provision of this Deed of Trust may be found to be invalid or u ienforceable.
<br /> Sue seers and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Grant is interest, this Deed of
<br /> Trus shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property
<br /> bec mes vested in a person other than Grantor, Lender, without notice to Grantor, may deal with ran is successors with
<br /> refer nce to this Deed of Trust and the Indebtedness by way of forbearance or extension without r leas ng Grantor from the
<br /> oblIC items of this Deed of Trust or liability under the Indebtedness.
<br /> Tinu is of the Essence. Time is of the essence in the performance of this Deed of Trust.
<br /> We III Jury. All parties to this Deed of Trust hereby waive the right to any jury trial in any action, pr,oeei'Ing, or counterclaim
<br /> brou ht by any party against any other party.
<br /> Walv ar of Homestead Exemption. Grantor hereby releases and waives all rights and benefits of the horn ste d exemption laws of
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