<br />Recept~on Number 3~686&
<br />Marlene L. r>rui. t.t., Sa{
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<br />~ of 3
<br />File Date 9/~9/96, 03:00 PM Page
<br />=he County Cler~ and Reco r
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<br />Deed of Trust
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<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,
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<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.
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<br />And whereas, the GRANTOR is desirous of securing payment of the principal and interest of said promissory note to the State of Colorado.
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<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.
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<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.
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<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
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<br />APPENDIX 82
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