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� �151683 <br />.r� <br />= � <br />, , -SCOTT DOYLE, �RECORDE�, ��1��PiE1� COUNTY CO <br />" �-�-RCP7N# 2003-0058308 06/13/2003 10:18:00 <br />PAGES - j 2 FEE $11.00 DOC $0.00 <br />Deed of Trust <br />DATE: <br />� GRANTOR: <br />✓BENEFICIARY: <br />A�6 2 2 ��� <br />�09gIRdp Weter Conservation Hoan! <br />� <br />r <br />� � <br />� � <br />� o <br />� <br />d Q <br />V <br />� � <br />� <br />V� > <br />cn o� <br />� � <br />� <br />March 1, 2003 <br />SOUTH SIDE DITGH COMPANY <br />COLORADO WATER CONSERVATION. BOARD <br />COUNTY: LARIMER <br />PRINCIPAL LOAN AMOUNT:. $72,720 <br />LOAN CONTRACT Loan Contract No. C150129, dated March 1, 2003 <br />TERnns: Interest of 3.1 % per annum and repayment period of 30 years <br />Co��arERa�: A one hundred percent (100%) undivided interest in the Project financed <br />with the CWCB loan, located in Larimer Gounty, Colorado, including (1) <br />the headgate off the Big Thompson River focated at the NW/C of <br />Section 12, Township 5 North Range 70 West of the 6�' P.M., bears <br />North 11 °41' W 1,757.5 feet (2) the South Side ditch that is starts at the <br />headgate and travels in a general south east direction from said <br />headgate for a distance of approximately 11 miles and all the associated <br />hydraulic structures. <br />This indenture is between the GftaNTOR, and the Public Trustee of the above referenced <br />COUNTY, State of COforado ("PUBUC TRUSTEE"), . <br />Factual Recitals <br />1. The GFtaNTOR has executed a Promissory Note of even date and amount, set forth in the LoAN <br />CONTRACT, for a loan in the PRINCIPAL LOAN AMOUNT to be repaid to the BENEFfCIARY, with terms as <br />shown above and in accordance with the Promissory Note or until loan is paid in full. <br />2. The Gr�rvTOR is desirous of securing payment of the PRitvc►Pai. LoArv AMOUtv'r and interest of said <br />Prorimissory Note to the BENEFICIARY. <br />The GRaNTOR, in consideration of the premises and for the purpose aforesaid, does hereby grant, <br />bargain, sell and convey unto the said PuB��c TRUSTEE in trust forever the above described Co��,TER,4�. <br />To have and to hold the same, together with all appurtenances, in trust nevertheless, that i� <br />case of default in the payment of said Promissory Note, or any part thereof, or the interest thereon, or in <br />the perFormance of any covenants hereinafter set forth or in said Promissory Note or LoAN CorvrRacT, <br />then upon the BEtvEFiciaRY filing notice of election and demand for sale Sald PUBLIC TRUSTEE after <br />advertising notice of said sale weekly for not less than four weeks in somE newspaper of general <br />circulation in said CourvN, shall sell said Co��rE�� in the manner provided by law in effect at the time <br />of filing said notice and demand, at public auction•for cash, at any proper place designated in the notice of � <br />sale. Out of the proceeds of said sale, the PuB�ic TRUSTEE shall retain or pay first all fees, charges and <br />costs and all moneys advanced for taxes, insurance and assessments, or on any prior encumbrance, with <br />interest thereon and pay the principal and interest due on said Promissory Note, rendering the�overplus, if <br />a�y, unto the GRaNTOR; and after the expiration of the time of redemption thG PUBLIC TRUSTEE Sh811 <br />execute and deliver to the purchaser a deed to the Co�i.aTERa� sold. The BENEFic�ARY may purchase <br />said Co��aTEr�� or any part thereof at such sale. <br />The G�NTOR covenants that at the time of the delivery of these presents, it is well seized of the <br />COLLATERAL in fee simple and has full power and lawful authority to grant, bargain, sell and convey the <br />same in the manner and form as aforesaid. The Gw4►vTOR fully waives and releases all rights and claims <br />��6�r����� <br />Appendix 5 to Loan Contract C150129 <br />