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<br />ReCCll<i;,r.
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<br />Recorded at
<br />Reception No.
<br />
<br />o'clock
<br />
<br />._M.,
<br />
<br />DEED OF TRUST
<br />
<br />8 I:) I:) K 22 39
<br />
<br />FA
<br />
<br />178
<br />
<br />THIS DEED OF TRUST, Dated J U 1 y 1 4 ,
<br />Elmwood Lateral Ditch Co.,
<br />
<br />1994
<br />
<br />, between
<br />
<br />the grantor herein, whose address is
<br />
<br />1720
<br />
<br />K
<br />
<br />3/4
<br />
<br />Road
<br />
<br />1759841 0943AM 06/10/96
<br />l'll NIKI1 ~Re~f1.f!f CI)lJN
<br />AND RELEASED
<br />
<br />~. Co
<br />
<br />Inc.
<br />
<br />of the
<br />Fruita * County of Mesa and State of Colorado, and
<br />the PUBLIC TRUSTEE of the County or City and County in which the property described
<br />below is situated, in the State of Colorado,
<br />Witness:
<br />The grantor, t~ s~cure a promisso~y note or notes, hereinafter referred to in the singular, dated J..1J,.l.Y...1 ~...,J 1 &999...1.4.._ ._. .'
<br />for the total pnnclpal sum of eIghty thousand------------------mtH.W~,
<br />payable to the order of Colorado Water Conservation Board, a Division of the State ofColo
<br />the beneficiary herein, whose address is 1313 Sherman Street, Denver, Colorado
<br />
<br />,riA y 0 8 2006
<br />
<br />ado
<br />
<br />with interest thereon from the date then;of at the rate of - three -
<br />over a term of twenty (20) years
<br />
<br />, after the date thereof,
<br />percent per annum, principal and interest payable
<br />
<br />does hereby grant and convey unto said Public Trustee the following described property, situate in the ------------ County
<br />of Mesa , State of Colorado, to wit:
<br />
<br />All portions of the Elmwood Lateral Ditch (consisting of approximately
<br />2.2 miles) beginning , near 1340 17~ Road, located in sections 5, 7 and
<br />8, TIS, R1W, Ute Principal Meridian, Mesa County, Colorado, and all
<br />appurtenant structures thereto.
<br />
<br />also known by street and number as N/A
<br />
<br />TO HAVE AND TO HOLD the same together with all appurtenances, in trust nevertheless, that in case of default in the payment of said note or any part thereof or interest
<br />thereon, or in (he performance of any covenants heI1linafter set forth, then upon the beneficiary (note holder) filing notice of election and demand for sale. said Public Trustee,
<br />after advertisirjg notice of said sale weekly, for not le~s than four weeks, in some newspaper of general circulation in said county, shall sell said property in the manner provided
<br />by law in effect at the time of filing said notice and demand, at public auction for cash, at any proper place designated in the notice of sale. Out of the proceeds of said sale said
<br />Trustee shall retain or pay first all fees, charges and cbsts and all moneys advanced for taxes, insurance and assessments, oron any prior encumbrance, with interest thereon, and
<br />pay (he principal and interest due on said note, rendebng the overplus (if any) unto the grantor; and after the expiration ofthe time of redemption, said Trustee shall execute and
<br />deliver to the purchaser a deed to the property sol& The beneficiary may purchase said property or any part thereof at such sale.
<br />The grantor covenants that at the time of deliver~ of these presents, he is seized of said property in fee simple, and that said property is free of encumbrances, except
<br />
<br />none
<br />
<br />The grantor also covenants that he will keep all buildings insured with a company approved by the beneficiary for fire and extended coverag<;.in an amount equal to the unpaid
<br />balance of said note with loss payable to the beneficiary, will deliver a copy of the policy to the beneficiary and will pay all taxes and assessments against said property and
<br />amounts due on prior encumbrances. If grantor shaal fail to pay insurance premiums, taxes or amounts due on prior encumbrance, the beneficiary may.pay the same and all
<br />amounts shall become additional indebtedness due!hereunder; and in case of foreclosure, he will pay an attorney's fee of one hundred aollars.
<br />
<br />Should the beneficiary hereunder be made a party to any action affecting this deed of trust or the title to said property. the grantor agrees that all court costs and a reasonable
<br />attorney's fee paid by the beneficiary shaU become additional indebtedness due hereunder; and the grantor does hereby release and waive all claims in said property as a
<br />homestead exemption or other exemption now or h~reafter provided by law.
<br />It is agreed that in case of default in payment of said principal or interest or a breach of any of the covenants herein, then said principal sum hereby secured and interest thereon
<br />may at the option of the beneficiary become due an~ payable at once, anything in said note to the contrary notwithstanding and possession of said property will thereupon be
<br />delivered to the beneficiary, and on failure to deliver such possession the beneficiary shall be entitled to a receiver for said property, who may be appointed by any court of
<br />competent jursidiction. ,.
<br />Whenever used herein the singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. All of the covenants
<br />herein shal be binding upon the respective heirs, personal representatives, successors and assigns of the parties hereto.
<br />
<br />Execu d the day d. ear first above written.
<br />
<br />
<br />Ditch CO., Inc.
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