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<br />t <br />Rec;:ept~an N'WO.ber 31.6867 <br />Marlene L. Pruitt, Sag <br /> <br />F~le Date 09/19/96, 02:52 PM Page 1. o~ 3 <br />he County Clerk and Raco) ~ <br /> <br />Deed of Trust <br /> <br />This indenture, made this lL day of Sf:' fk-nl he (" 1996, between the VOUGA RESERVOIR ASSOCIATION, whose address <br />is clo Remy Labrouche, 1525 P Road, Lorna, CO 815 4, hereinafter referred to as GRANTOR, and the Public Trustee of the County of Saguache, <br />State of 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% % 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: (11 The Vouga Reservoir storage rights consisting of 920 acre-feet described as follows: <br />510 acre.feet. Priority No. 370 in Gunnison County District Court Civil Action No. 5266 provides 510 acre-feet, and 410 acre.feet- Case No. <br />W-3576, Water ~ivision No.4, 410 acre-feet of additional storage, and (2) the Vouga Reservoir site described as follows: Parcel One A. A <br />tract of land located in portions of the Northeast Quarter of the Northwest Quarter, Southeast Quarter of the Northwest Quarter, Southwest <br />Quarter of the Northeast Quarter, and Northwest Quarter of the Southeast Quarter, all in Section 8, Township 47 North, Range 3 East, New <br />Mexico Principal Meridian, Saguache County, State of Colorado, described as follows: Beginning at the Southeast Corner of the Northeast Quarter <br />of the Northwest Quarter of said Section 8; thence East 170 feet; thence South 54030' East 148; thence South 14010' East 375 feet; thence <br />South 38000' East 170 feet; thence South 24000' East 245 feet; thence South 34010 East 198 feet; thence South 12030' East 160 feet; <br />thence South 5030' West 244 feet; thence South 7030' East 285 feet; thence North 23030' West 342 feet; thence North 12020' West 312 <br />feet; thence North 41040' West 72 feet; thence North 81030' West 405 feet; thence North 61000' West 165 feet; thence North 15000' West <br />210 feet; thence North 25045' West 152 feet; thence North 17000' West 175 feet; thence North 42030' West 125 feet; thence North 76000' <br />West 120 feet; thence North 3000' East 100 feet; thence North 54020' West 175 feet; thence North 10000' East 120 feet; thence North 3000' <br />West 132 feet; thence North 53015' West 135 feet; thence North 19015' East 252 feet; thence North 49015' West 350 feet; thence North <br />32045' East 340 feet; thence East 700 feet to the North.South centerline of said Section 8; thence South 1,070 feet to the point of beginning. <br />Containing 35.7 acres more or less; together with the Association's reservoir located thereon. <br /> <br />Parcel Three A. A parcel of land between the new high water line and the original high water line of the Vouga Reservoir in Section 8, Township <br />47 North, Range 3 East of the New Mexico Principal Meridian, County of Saguache, State of Colorado, and more particularly described as follows: <br /> <br />Commencing at the North Quarter Corner of said Section 8; thence South 07030' West 385 feet to a point on the East end of the original <br />dam and being on the original high water line being the True Point of BeQinninQ; thence along the high water line of the new Vouga Reservoi r <br />the following 35 courses and distances; <br /> <br />1. thence North 79023'51" East 33.59 feet; <br />2. hence South 26033'54" East 83.36 feet; <br />3. thence South 11 0 18'36" West 152.97 feet; <br />4. thence South 05042'38" East 1 00.50 feet; <br />5. thence South 48021'59" East 120.42 feet; <br />6. thence South 12005'41" West 143.18 feet; <br />7. thence South 07035'41" East 302.66 feet; <br />8. thence South 48000'46" East 134.54 feet; <br />9. thence South 29058'54" West 300.17 feet; <br />1 O. thence South 77 0 09'08" East 584.64 feet; <br />11. thence South 17006'10" West 272.03 feet; <br />12. thence South 23048'21" East 371.62 feet; <br /> <br />13. thence South 47029'22" East 162.79 feet; <br />14. thence South 08044'46" East 131.53 feet; <br />15. thence South 24046'31" East 143.18 feet; <br />16. thence South 09051'57" East 233.45 feet; <br />17. thence South 20051'16" East 224.72 feet; <br />18. thence South 71033'54" West 94.87 feet; <br />19. thence North 32011'45" West 319.06 feet; <br />20. thence North 61023'22" West 125.30 feet; <br />21. thence North 80032'16" West 121.66 feet; <br />22. thence North 51020'25" West 192.09 feet; <br />23. thence North 18026'06" West 284.60 feet; <br />24. thence North 34059'31" West 244.13 feet; <br /> <br />25. thence North 11018'36" West 101.98 feet; <br />26. thence North 26033'54" West 111.80 feet; <br />27. thence North 45000'00" West 84.85 feet; <br />28. thence North 30015'23" West 277.85 feet; <br />29. thence ~lorth 35015'14" West 186.01 feet; <br />30. thence North 80032'16" West 60.83 feet; <br />31. thence North 08052'50" West 161.94 feet; <br />32. thence North 41020'52" West 166.51 feet; <br />33. thence North 24051'41" West 225.94 feet; <br />34. thence North 59002'10" West 291.55 feet; <br />35. thence North 40027'22" East 301.25 feet <br />to a point on the original high water line of <br />the Vouga Reservoir; <br /> <br />Thence along the high water line of the original Vouga Reservoir the following 31 courses and distances: <br /> <br />1. thence South 42015' East 140 feet; <br />2. thence South 41030' West 165 feet; <br />3. thence South 34030' East 152 feet; <br />4. thence South 22030' East 180 feet; <br />5. thence South 45030' East 150 feet; <br />6. thence South 20015' East 162 feet; <br />7. thence South 01000' West 65 feet; <br />8. thence South 68000' East 11 0 feet; <br />9. thence South 29020' East 320 feet; <br />10. thence South 26000' East 318 feet; <br />11. thence South 00030' West 88 feet; <br />12. thence South 39030' East 515 feet; <br /> <br />13. thence South 86015' East 252 feet; <br />14. thence South 05000' West 85 feet; <br />15. thence South 18045' East 130 feet; <br />16. thence South 35015' East 210 feet; <br />17. thence North 06000' West 175 feet; <br />18. thence North 18000' West 135 feet: <br />19. thence North 29030' East 65 feet; <br />20. thence North 00030' West 172 feet; <br />21. thence North 36000' West 250 feet; <br />22. thence North 23010' West 290 feet; <br />23. thence North 03030' West 185 feet; <br />24. thence North 35015' West 550 feet; <br /> <br />APPENDIX B 1 <br /> <br />25. thence North 42020' West 120 feet; <br />26. thence North 07030' West 302 feet; <br />27. thence North 07000' East 145 feet; <br />28. thence North 47030' West 100 feet; <br />29. thence North 10015' West 148 feet; <br />30. thence North 100 15' East 128 feet; <br />31. thence North 19000' West 88 feet to the <br />point of beginning, containing 7.234 <br />acres, more or less. <br />