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<br />Recept~on Number 3~686& <br />Marlene L. r>rui. t.t., Sa{ <br /> <br />~ of 3 <br />File Date 9/~9/96, 03:00 PM Page <br />=he County Cler~ and Reco r <br /> <br />Deed of Trust <br /> <br />This indenture, made this II day of S".a..(e~., ~/r 1996, between Remy Labrouche and RuthA. Labrouche whose <br />address is 1525 P Road, Lorna, CO 81524, hereinaft~ referred to as GRANTOR, and the Public Trustee of the County of Saguache, State of <br />Colorado, hereinafter referred to as PUBLIC TRUSTEE, <br /> <br />Witnesseth, that whereas, GRANTOR has executed a promissory note, set forth in Contract HC 153741 ("Contract"l for a loan in the <br />principal sum of $632,000 to be repaid to the STATE OF COLORADO for the use and benefit of the Department of Natural Resources, Water <br />Conservation Board, whose address is 1313 Sherman Street, Room 721, Denver, Colorado 80203, with interest thereon from the date of first <br />disbursement of funds under the Contract at the effective interest rate of 3~4 % per annum, payable in 20 annual installments, in accordance <br />with the Promissory Note Provision of said Contract, or until loan is paid in full. <br /> <br />And whereas, the GRANTOR is desirous of securing payment of the principal and interest of said promissory note to the State of Colorado. <br /> <br />Now, therefore, the GRANTOR, in consideration of the premises and for the purpose aforesaid, does hereby grant, bargain, sell and convey <br />unto the said PUBLIC TRUSTEE in trust forever, to wit: (1) approximately 680 acres of irrigated land in the Razor Creek Basin, described as follows: <br />All the real property, together with improvements, if any, situate, lying and being in the County of Saguache and State of Colorado, to wit: <br />Township 47 North, Range 3 East, N.M.P.M. <br />. Section 5: SW/4 NW/4, NW/4 SW/4, S/2 SW/4 <br />. Section 6: N/2 SE/4, E/2 NE/4, Lot 2, SWI4 NE/4 <br />. Section 8: E/2 NW/4, SW/4 NE/4, W/2 SE/4, SE/4 SE/4 <br />EXCEPTING FROM said Section 8, that property conveyed to the Vouga Reservoir Association, a non.profit association organized under the <br />laws of Colorado, as described in Warranty Deed recorded in Book 247 at page 472 and in Book 247 at page 358. <br />AND FURTHER EXCEPTING from said Section 8, that property conveyed to the Vouga Reservoir Association described in Warranty Deed <br />recorded in Book 398 at page 244. <br />Township 48 North, Range 3 East, N.M.P.M. <br />. Section 31: EI2 SE/4 <br />also known by street and number as 42162 County Road 14 PP, Saguache, Saguache County, Colorado 81149. <br /> <br />and (2) the direct flow water rights used to irrigate the 680 acres, described as follows: <br />All springs, water and water rights, ditches and ditch rights, applied for, adjudicated, appropriated, decreed or vested, wells and well <br />permits, and reservoir rights, which are appurtenant to that land which is more fully described in EXHIBIT A which is attached hereto and <br />by reference incorporated herein and/or the grazing rights utilized in conjunction with said land; specifically including, but not limited to, <br />those water rights which are more fully described as follows: <br />Township 47 North, Range 3 East, N.M.P.M. <br />. Section 5: SW/4 NW/4, NW/4 SW/4, S/2 SW/4 <br />. Section 6: N/2 SE/4, E/2 NE/4, Lot 2, SW/4 NE/4 <br />. Section 8: E/2 NW/4, SW/4 NE/4, W/2 SE/4, SE/4 SE/4 <br />EXCEPTING FROM said Section 8, that property conveyed to the Vouga Reservoir Association, a non.profit association organized under the <br />laws of Colorado, as described in Warranty Deed recorded in Book 247 at page 472 and in Book 247 at page 358. <br />AND FURTHER EXCEPTING from said Section 8, that property conveyed to the Vouga Reservoir Association described in Warranty Deed <br />recorded in Book 398 at page 244. <br />Township 48 i~orth, Range 3 East, N.M.P.M. <br />. Section 31: E/2 SE/4 <br />County of Saguache, State of Colorado, and <br />All interest in the Anna Ditch No. 1 and a like interest in the 1.6 c.f.S. of water allowed to flow therein under Priority No. 72, and in the <br />6.4 c.f.s. of water allowed to flow therein under Priority No. 237; all interest in the Anna ~itch No.2 and in the .8 c.f.s. of water allowed <br />to flow therein under Priority No. 72, and in the 3.2 c.f.s. of water allowed to flow therein under Priority No. 237; all interest in the Anna <br />~itch No.3 and in the .8 c.f.s. of water allowed to flow therein under Priority no. 72, and in the 3.2 c.f.s. of water allowed to flow therein <br />under Priority No. 237; all interest in the Ernest Vouga Ditch and a like interest in the 8.0 c.f.s. of water allowed to flow therein under <br />Priority No. 343; all interest in the Ernest Vouga Pipeline and a like interest in the .16 c.f.s. of water allowed to flow therein under Priority <br />No. 359; all interest in the Tommie Ditch and in the 2.0 c.f.s. of water allowed to flow therein, as awarded in Case NO. 88 CW 46, Water <br />Division 4, Colorado, dated September 19, 1988, with an appropriation date of April 29, 1988, adjudication date of 1988. <br />(collectively or hereinafter referred to as the "Property"l. <br /> <br />To have and to hold the same, together with all and singular the privileges and appurtenances thereunto belonging: In Trust nevertheless, <br />that in case of default in the payment of said note, or any part thereof, or in the payment of the interest thereon, according to the tenor and <br />effect of said note or in the payment of any prior encumbrances, principal or interest, if any, or in case default shall be made in or in case of <br />violation or breach of any of the terms, conditions, covenants or agreements contained in the Contract, the beneficiary hereunder may declare <br />a violation of any of the covenants contained in the Contract and elect to advertise said Property for sale, and demand such sale by filing a <br />notice of such election and demand for sale with the PUBLIC TRUSTEE. Upon receipt of such notice of election and demand for sale, the PUBLIC <br />TRUSTEE shall cause a copy of the same to be recorded in the recorder's office of the county in which said Property is situated, it shall and may <br /> <br />APPENDIX 82 <br />