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200507874 and expenses, contractors' fees, expert witness fees and expenses, copying charges, costs for title searches and examinations, title insurance premiums and expenses, filing and recording fees, all costs, fees and expenses incurred by Lender to maintain, preserve and protect the Property, reasonable legal fees, and any other costs or fees authorized in the Loan Agreement or by statute, with interest thereon from the date incurred until paid, and then to Lender for the payment of the Debt in such manner and order of priority as Lender shall elect in its sole and absolute discretion, rendering the overplus, if any, unto Borrower or its successor or assigns. Such sale or sales and said deed or deeds so made shall be a perpetual bar, both in law and equity, against Borrower and its successors and assigns, and all other persons claiming the said Property, or any part thereof, by, through, from, or under Borrower. The holder of the Note may purchase the Property or any part thereof. It shall not be obligatory upon the purchaser or purchasers at any such sale to see to the application of the purchase money. Nothing herein dealing with foreclosure procedures or specifying particular actions to be taken by Lender or by the Trustee shall be deemed to contradict or add to the requirements and procedures (now or hereafter existing) of Colorado law applicable to this Security Instrument at the time of foreclosure, and any such conflict or inconsistency shall be resolved in favor of Colorado law; (ii) Pay any sums in any form or manner deemed expedient by Lender to protect the security of this instrument or to cure any Event of Default; make any payment herein authorized to be made according to any bill, statement, or estimate furnished or procured from the appropriate public officer or other party claiming payment without inquiry into the accuracy or validity thereof, and the receipt of any such public officer or party in the hands of Lender shall be conclusive proof of the right of Lender to make such payment (whether or not the validity or amount thereof be ultimately determined as false or incorrect), and Lender shall have no liability for payments so made. All amounts so paid, with interest thereon from the date incurred until paid shall be added to and become a part of the Debt and be immediately due and payable to Lender; and (iii) Declare the Debt, including all monies advanced by Lender under the terms hereof, to be due and payable. Section 18.39. Certain Matters Relating to Pro2gijy Located in the State of Idaho. With respect to the Property which is located in the State of Idaho, notwithstanding anything contained herein to the contrary: (a) Size and Location of Land. The Property is either located within the limits of an incorporated city or village, or does not exceed forty (40) acres in size. (b) Lender's Right to Foreclose. Lender's right to foreclose under any Loan Document is subject to applicable law, including the provisions of Idaho Code § 45 -1506, including but not limited to subsection (12) thereof, which provides for cure of default and reinstatement of this Security Instrument under certain conditions. (c) Sale Proceeds. The proceeds of foreclosure shall be distributed as provided for in Section 13.02(b) of this Security Instrument, except as otherwise required pursuant to Idaho Code § 45 -1507 and other applicable law. (d) Sale of Secured Pro e . All notices of sale of the Property shall comply with the provisions of Idaho Code § 45 -1506 if the Property is sold in a trustee's sale and Idaho Code § 6 -101, § 11 -302 and other applicable law if this Security Instrument is foreclosed through a judicial proceeding. (e) Successor Trustee. Lender's appointment of a successor trustee under Section 18.33 shall conform to the procedures set forth in Idaho Code § 45- 1504(2). (f) Fixture Filing. This Security Instrument is effective from the date of its recording as a financing statement filed as a fixture filing, in which Borrower is "Debtor" and Lender is "Secured Party." The respective addresses of Debtor and Secured Party are set forth in the first paragraph of this Security Instrument. 87