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0 <br />fo <br />5) <br />n na -i <br />,I - = <br />ID 0 ar <br />(b <br />net <br />00 Co z <br />86-103284 <br />(*)a the Propertycorfaftfusessfirrairroll a condom:-umurill. 9000nflatilliv, Mali by the Clan CIOMMIUMel <br />"M <br />fron and by the byte". rot" and regulations, of he homeowners association <br />fry to "Wrion from changing t"is sorting of the Property. without me wi,ther, consent of me Beneficiary. <br />(9) to pay when Cale bit* midjoblednese secured by any prior encumbrance, <br />in) 10 laireffunfor the Beneficial lot any amounts which the Beneficiary advances in Water to Cure defaults by the Debtor with respect to the payment of <br />tax", eassearisents, insurance premiums. and amounts due On Pfm*1%CuMb#Amc4S, and 10 Pay Interest On the amount advanced at lhedeloull mar- <br />t. rile : .the Debtor hereby authorities the Beneficiary to cure any such defaults by the Debtor. <br />it a foreclosure proceeding is commenced, to pay allolthecoallsol the proesedingurtcluding but not noce"shlytimilod to public trustee's to". Pupil- <br />call costs, the cost of obtaining title evidence. and reasonable S115"MY4 less and to roomburst, the Beneficiary for any of Initaixe, tumm paid by the <br />Beneficiary together with interest at Ills, default interest rate, <br />to Surrender possession of the Property P"Cellully at Such fail as the DMOI-S fight of possession 01 the Property terminal". <br />(it) of the Property consists in Palo cr entirely of the Debtor's interest as a lessee. to comply with and Satisfy malmnely mannerall of thetabisgaillions Under <br />the Its". <br />D~ wd AcCithilitif#M. The Debtor will be considered to have defoullaid under this Deed of Trust if the Debtor (0 defaults on the notes) or other <br />Instruffitimlevidencing the Indebtedness or fill, falls loperfmin or observe any other-Covitharil of term of this Deed of Trust. or (tit) is adiuddested a ba• <br />rufat of Taker o general inesignmefflim the benefit of his creditors. in the event of any such default. the Beneficiary may declare the ervilrabillancal the <br />indiallsodriessimm"Iffelly due end payable (i.e, may "accohneW theIndetatieflness) and may then take the following r~ialaviomw the Beneficiary <br />may take immediate possession and control of the Property and repair and maintain of at the expense of the Debtor: the Beneficiary may collect and re. <br />Give arty and all rents, issues, and profits from the Properly . and the Beneficiary may apply for the appointment of a receiver and shall be entitled to such <br />appointment as a .8110, of right, without regard to the solvency or insolvency of the Debtor and without regard to the value of the Property and its ade- <br />qualcy as security for the Indebtedness: the receiver may be appointed by a court of competent jurisdiction upon an parts appl#Calion and without notice, <br />notice being expressly waived by the Debtor, In addition, the Beneficiary may institute foreclosure as provided in the next paragraph. <br />FortiCkiiiiiijifflit. It the Debtor defaults under this Dead at Trust, and whether or not IfteSenallciary, elects to ac,;xilerate the Indebtedness Jos allowed un- <br />der the preceding paragraph) the Beneficiary may institute the rate of the Property by making the demand and giving the notices required by Colorado <br />hill The sale may be hold pursuant either to a coun foreclot;uresurtor loan administrative proceeding conducted bythe Public Truster. The sale shall be <br />scheduled and conducted and notice of the sale and of the rights to cure delatills and 10 redeem Slash be given. all as provided by Colorado low, Unless <br />Colorado law provided otherwise, notice of sale shall be advertised weekly for not less than four weeks in some newspaper of general circulation in the <br />county where the Prop" is located The safe shall be public and shall be held at the front door of the courl house in which the Property is located, mat <br />such other lawful place as provided bylaw The Property Shall be sold to the highest bidder The Beneficiary may becomes purchowalthopropertyal <br />the sale. The Property shall be sold in separate parcels or as one parcel, as the Public Trustee determines would be most advantageous The Public Trus- <br />tee shall issue a!] certificates and deeds as authorized and requi red by Colorado law The Public T•uslee shall deal with the proceeds of the sale as pro- <br />victed by Colorado law and noputchaser s"ll beollf-gaTea to seFfolhe apphr.-,leon of those proc"ris The sale sma.i forever bar the Debtor from Claiming <br />any interest in the Properly si,blect to all r.qhls at IeCerriPhOn PTO —Jed by Colorado law <br />Ap~on offunds. Amounts payable by, osurors under hazard insurance policies covering 'he Property, whether paid to the Debtor or the some. <br />ticiary, shall befused restore or repair the Property unless, in the feartionableludgerneril aline Beneficiary, itwould be necessary to apply all or a portion <br />of the proceeds 10 the Indebtedness in order to protect the secunly of the Beneficiary In order to enable the Beneficiary to exercise his rights undo, this <br />paragraph. the Debtor shall promptly inform the Beneficiary as to the tact of any loss of damage to the Property, the amount of available insurance pro- <br />coeds, the cost of restoration or repair. and as to sit other information reasonably requested by the Beneficiary Any insurance proceeds which areto be <br />paid on the Indebtedness. following the Beneficial reasonable determination that such payment is necessary to protect his security. and any amounts <br />received by the Beneficiary or by a receiver from condemning authorities or from persons paving rent or royalties after a default, shall be applied in the <br />following manner in the following order (3) as a payment to the Beneficial V to reimburse him for costs. including reasonable attorneys fees. incurred to <br />collect such amounts. fill as a payment in satisfaction of any past -due payments on the Indebtedness. (tit) ass pro-payment on the Indebtedness: and <br />(m) as a refund to the Debtor, to the extent That the Indebtedness has been fully paid Any amounts applied as a partial pre-paymentol the Indebtedness <br />shall not defer or alter the timing and amounts of installments of Indebtedness thereafter falling due. except to the extent that the installments last falling <br />due are satisfied by vrnue of any Partial pre-payment <br />SUbtiSqUilint Pildlefe. All reiliffeences, in this Deed of Trust to the Beneficiary include not only the Beneficiary named under Specild: Terms above. <br />but also any person or entity who becomes the owner of the motels! a: other evidence of the Indebtedness after the date of this Deed of Trust. the felt,- <br />ence also includes the holder of a certificate of purCMase,ssued in conjunction with a foreclosure sale under this Deed at Trust If any person other than <br />the Debtor acquires any interest in the property in the future that person Shall be subject to all of tne covenants. obligations. and festrictionsof this Dead <br />of Trust to the same extent as the Debtor. and accordingly all relefences,ri this Deed of Trust to tile "Debtor" include that person, this snail not. however. <br />release the original Debtor Or any intervening Debtor from obligation on this Deed of Trust and on the note or other instrument evidencing the Indebted- <br />me". to the extent that those obligations otherwise ex;St <br />Due an Sil". it all or any part of the Property or any interest in the Property is sold or transferred in a transaction which is a "prohibited sale ortrans- <br />fer", Itle Beneficiary may. at his option treat this Deed of Trust as b•9 in default and may accelerate the Indebtedness as provided above O the aerreb- <br />Clary is prohibited by Colorado law from declaring the default and acceleration the Beneficiary may nevertheless require theiransferee to accept a lawful <br />interest rate increase. the refusal or failure of the transferee to accept ,n writing the lawful interest rate increase shall constitute in ilsell a default under this <br />DeedofTruSI A "prohibited sale or transfer is any sale or transfer tnc ludo ng one in which the conveyance of title is deterred. and including the granting <br />of an option to purchase e,efClSable at a future date butnot,nciudinq hi the create ion of a lien or encumbrance Subordinate to this Deed of Trust, (ulihe <br />transfer of title by ceiiisecir descent. or by operation at law upon the death of a joint tenant J-1 the grant of any leasehold sriterestal three years or less not <br />containing an option to purchase at Irv) a sale or oiner transfer to which the Brrelic.ary consents in willing Notwithstanding any other-ta'o"s,on of In,$ <br />paragraph, the Beneficiary shall nave no right to declare a deaUll,f the Beneficiary and the transferee mutually agree in writing to the assumption olithe <br />Indebtedness by the transferee I This paragraph is optional and is to be crossed-ow .1 not agreed to I <br />MismNantifous Provisl0fill. The following miscellaneous provisions snail apply <br />(a) any fo,obea,anCe by the Beneficiary in e.e,,.,,,ng an,, ­gm, Or eme,tv shali n01 affect to—ghts of the Beneficiary with respect to subsequent defaults <br />a, violations. <br />flat all e,ned,es plov -ael by In,, Doe,,10 T,,,,, are (1,st�,cT and Cummuldlr.Y to a", 11qhl o, lelrieoy P'the, 1,nde, this Deed of 7"is! or available by <br />any law orstalule o­Ci,eS­0,, <br />1c) it two or more persons have signed as Debtor imey are jointly and severally obligated. <br />id) in the even! mat amv provision or clause of This Deed of Trust $,ncohfhct with aopi-cable law the conflict Shall not alfoCl Other prov,s,ons at this Deed <br />at Trust which can be given effect without the confl,crint; provision <br />(e) !,r, wocedural p,ov.Vo S of this Deed of T rust small be deemed to be awfornal,caily amended as necessary to conlom to any Colorado Statute,, role <br />of court. now existing of adopted alter the care at th-i Deed of Trust to the extent that such statute or -le of court Provides procedures which are in <br />C W,m those set fitfl—I I "', DPIel or - ,;,I a". 1, P slawte or , tie of court Is applicable to the Security transaction wfi,ch,S the <br />subject of this Deed of Trust <br />tll 'I the Debtor and the Berel c a,, nave agreed ir acid.vonal terms and conditions respecting tmis sectudy transaction, including as an example an <br />agreement 10 establish a fund to inii, used to P.Iv taxes and insurance Premiums of an agreement providing for Partial releases of this Deed of Trusi, <br />then any such supplimental agreement -1whafaing signed and acknowledged. shall be given effect and it any at is provisions conflict wren those set <br />forth in INS Deed of Trust the p1­S-a,,.s f the , oCt—enta, agreement shall control if this Deed at Trust has been recorded, the si.,Ppl,rhental <br />agreement - to be effective, also must be —aided <br />(9) wordS,n this Deedol Trust aenol,,,q the Singular shall tie read as denoting (me plural and Mrasf:W,ne pronouns Shall be read as feminine o—eule, pro- <br />nouns lf the circumstances -,u <br />Inj paragraph headings ale for tine -der o­­-e,,cv and snap ^of be cons,oe,eo tri detelm:m,ng ine meaning of if',$ ns!furrehl <br />Date Of this Deed of Trust s if v) /-a(, <br />Executed by the Deblofisf as of Ine aocet, Cale <br />$W~o QMu@o for Corporation. ParInershfis or Association: <br />Nan- a$ Cc, )orautir, Pa,l­,Sh,p a, Assi­tl <br />By — <br />By — <br />Ar.si <br />:TATE, OF COLORADO <br />"'OUNTY OF <br />dior at <br />!i,en "Q­irs as president <br />a- i- <br />or <br />Oeblo, <br />