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<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:
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<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
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<br />Appendix 5 to Loan Contract C150129
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