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<br />RCPTN # 96041325 OF'10/96 16:30:00 # PAGES
<br />1'1 'RODENBERGE:R R~;CORD,"~",; LARIMER COUN'ry CO STAr
<br />
<br />2 ~'Kl<~
<br />DOC FEE -
<br />
<br />:pLL.UU
<br />$.00
<br />
<br />If
<br />
<br />DEED OF TRUST
<br />
<br />THIS INDENTURE, Made this
<br />
<br />8th
<br />
<br />day of
<br />
<br />March
<br />
<br />,1994
<br />
<br />, between
<br />
<br />c-
<br />
<br />-- -:;;;
<br />I P )
<br />;J ./
<br />
<br />
<br />The Windsor Reservoir and Canal Company
<br />whose address is P.O. Box 206, Eaton, CO 80615
<br />
<br />hereinafter referred to as grantor, and the Public Trustee of the .County of
<br />Larimer , State of Colorado, hereinafter referred to as Public Trustee,
<br />WITNESSETH, THAT, WHEREAS,
<br />The Windsor Reservoir and Canal Company
<br />
<br />has executed a promissory note or notes, hereinafter referred to in the singular, dated Ma r c h 8, 1994 , for the
<br />
<br />principal sum of Three Hundred 1:housand and no / 100-------- ($300,000.00) ----------- Dollars,
<br />
<br />p~aWerotheoro~of The State of Colorado for the use and benefit of the Colorado ~
<br />Water Conservation Board ~
<br />
<br />whose address is 1313 Sherman Street, Room 721, Denver, CO 80203
<br />after the date hereof, with interest thereon from the date thereof
<br />atthe rate of 4.25% percentperannum,payable in equal annual installments of $17,879.47 each
<br />for 30 years.
<br />
<br />AND WHEREAS, the grantor is desirous of securing payment of the principal and interest of said promissory note in whose hands soever the said
<br />note may be.
<br />NOW THEREFORE, the grantor, in consid~ation of the premises and for the purpose aforesaid, does hereby grant, bargain, sell and convey unto
<br />the said Public Trustee in trust forever, the following described property, situate in the County of
<br />Larimer ,State of Colorado, to wit:
<br />
<br />All portions of the Poudre Valley Canal which lie within Section 13,
<br />T 8 N, R 70 W, 6th P.M., and all appurtenant structures thereto.
<br />
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<br />also known by street and number as n fa
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<br />TO HAVE AND TO HOLD the same, together with all and sU;guIar the privileges and appurtenances thereunto belonging: In trust nevertheless, that
<br />in case of default in the payment of said note o~ any part th~eof, or in the p~ment of the interest thereon according to the tenor and effect of said note, or in
<br />the payment of any prior encumbrances, principal or interest, if any, or in case default shall be made in or in case of violation or breach of any of the terms,
<br />conditions, covenants or agreements herein contained, the beneficiary hereund~ or the legal holder of the indebtedness secured hereby may declare a
<br />violation of any of the covenants herein contained and may elect to advertise said property for sale, and demand such sale by filing a notice of election and
<br />demand for sale with the Public Trustee. Upon receipt of such notice of election and demand for sale, the Public Trustee shall cause a copy of the same to be
<br />recorded in the recorder's office of the county in which said property is situated. The Public Trustee shiill then give public notice of the time and place of sale
<br />by advertisement to be published for four weeks (once each week for five successive weeks) in some newspaper of general circulation at that time published
<br />in the county or counties in which said property is located. A copy of such notice shall be mailed within ten days after the date of the first publication thereof
<br />to the grantor at the address given herein, to such persons appearing to have acquired a subsequent record interest in said property at the address given in the
<br />recorded instrument, and to any oth~ persons as may be provided by law. It shall and may then be lawful for the Public Trustee to sell said property for the
<br />highest and best price the same will bring in cash and to dispose of the same (en masse or in separate parcels, as the said Public Trustee may think best),
<br />together with all the right, title and interest of the grantor therein, at public auction at any place as maybe specified by statute and designated in the notice of
<br />sale. The Public Trustee shall make and give tothe purchaser of such property at such sale, a certificate in writin~ containinl!: a descriotion of such orooertv
<br />
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