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<br />Recorded at
<br />Reception No,
<br />
<br />o'clock_ M"
<br />
<br />Recorder
<br />
<br />DEED OF TRUST
<br />
<br />THIS INDENTURE, Made this 11 th day of
<br />
<br />
<br />May
<br />
<br />,19
<br />
<br />The Lower Arkansas Water Management Association
<br />
<br />whose address is
<br />
<br />Box 1161, Lamar, CO 81052
<br />
<br />OJ
<br />to
<br />!'-
<br />C\l
<br />l'
<br />rej1
<br />
<br />hereinafter referred to as grantor, and the Public Trustee of the
<br />
<br />Prowers ,State of Colorado, hereinafter referred to as Public T~~
<br />WITNESSETH, THAT, WHEREAS,
<br />
<br />The Lower Arkansas Water Management Association
<br />has executed a promissory note or notes, hereinafter referred to in the singular, dated Ma y 11, 1 9 9 4
<br />
<br />principal sum of $ 65,000.00
<br />
<br />payable to the order of The Colorado Water Conservation Board
<br />
<br />OOLLEY. PUBUC TRUSttE
<br />ERS COUNTY. CO
<br />
<br />, for the
<br />Dollars,
<br />
<br />whose address is
<br />
<br />1313 Sherman Street, Denver, CO 80203
<br />ten yea r s after the date hereof, with interest thereon from the date thereof
<br />
<br />4.25 percent per p~{able weir alIments.
<br />),i,h ~ ~
<br />~ ~
<br />~.~~
<br />
<br />at the rate of
<br />
<br />i\"
<br />, .
<br />\j.
<br />
<br />
<br />
<br />"
<br />
<br />AND WHEREAS, the grantor is desirous of securing payment of the principal and interest of said promissory note in whose hands, soever the said
<br />note may be.
<br />NOW THEREFORE, the grantor, in consideration of the premises and for the purpose aforesaid, does hereby grant, bargain, sell and convey unto
<br />the said Public Trustee in trust forever, the following described property, situate in the Couhty of
<br />Prowe r s , State of Colorado, to wit:
<br />
<br />ALL WATER RIGHTS, LAND, AND FACILITIES OWNED BY THE GRANTOR AND ASSOCIATED WITH
<br />THE FOLLOWING WELLS:
<br />
<br />NAME
<br />, Flint Well No. 1
<br />'Flint Well No.2
<br />Kelly Well
<br />Baxter Well
<br />State Well
<br />Crum Well
<br />.Hardin Well
<br />bIlanw\MTW~lhQUEST THIS
<br />
<br />NUMBER
<br />24158-RF
<br />24467-F
<br />019743-F
<br />019794-F
<br />20725-F
<br />019793-F
<br />019792-F
<br />N U '1,' to ~l;Jr F
<br />
<br />'~'~':':'.}ST ~s Pl~,RT!jj"LL.Y
<br />
<br />LEGAL DESCRIPTION
<br />NE1/4 NE1/4 SEC 10
<br />NW1/4 NE1/4 SEC 10
<br />NE1/4 NW1/4 SEC 25
<br />NW1/4 NW1/4 SEC 9
<br />SE1/4 SE1! 4 SEC 3 T23S R43W
<br />NW1/4 SE1/4 SEC 10 T23S R42W
<br />NWl/4 NWl/4 SEC 11 T23S R43W
<br />NE1/4 NW1/4 SEC 14 T23S R43W
<br />ALL OF THE 6TH P.M., PROWERS
<br />COUNTY, COLORADO
<br />
<br />T23S R43W
<br />T23S R43W
<br />T22S R44W
<br />T23S R42W
<br />
<br />.iI<J "\ '\ \. .
<br />
<br />~~4-=-~
<br />
<br />.Ut:::RAINE WOOL.LEY, PUBLIC TRUSTid.
<br />
<br />PROWERS COUN'fY c:o
<br />
<br />~~ W.PJ-II. I ~ ~ ()J.i1Y.
<br />
<br />.J..LtAij- tum -II .;(
<br />
<br />also known by street and number as , N /A
<br />
<br />TO HAVE AND TO HOLD the same, together with all and singular the privileges and appurtenances thereunto belonging: In trust nevertheless, that
<br />in case of default in the payment of saidnote or any part thereof, or in the payment of the interest thereon according to the tenor and effect of said note, or in
<br />the payment of any prior encumbrances, principal or interest, if any, or in case default shall be made in or in case of violation or breach of any of the terms,
<br />conditions, covenants or agreements herein contained, the beneficiary hereunder or the legal holder of the indebtedness secured hereby may declare a
<br />violation of any of the covenants herein contained and may elect to advertise said property for sale, and demaIid such sale by filing a notice of election and
<br />demand for sale with the Public Trustee, Upon receipt of such notice of election and demand for sale, the Public Trustee shall cause a copy of the same to be
<br />recorded in the recorder's office of the county in which said property is situated,. The Public Trustee shall then give public notice of the time and place of sale
<br />by advertisement to be published for four weeks (once each week for five successive weeks) in some newspaper of general circulation at that time published
<br />in the county or counties in which said property is located, A copy of such notice shall be mailed within ten days after the date of the first publication thereof
<br />to the grantor at the address given herein, to such persons appealing to have acquired a subsequent record interest in said property at the address given in the
<br />recorded instrument, and to any other persons as may be provided by law, It shall and may then be lawful for the Public Trustee to sell said property for the
<br />highest and best price the same will bring in cash and to dispose of the same (en masse or in separate parcels, as the said Public Trustee may think best),
<br />Lvg~tt.\5i ;;.-ith ~ t~iC i"ighi, title QIid. iiltcr~st cfth~ o:'~:::::.tor tb.e:'ein~ :at ?U~!i-= ~~~Q~~! ~y phce as !!lay b~ s.~edf!ed by s.t~,tlJ~~ ~1)d ~ign~t~d 1!\ the n~tlce 0(
<br />sale, The Public Trustee shall make and give to the purchaser of such property at such sale, a certificate in writing containing; a description of such property
<br />purchased; the sum paid therefor; a statement that said purchaser shall be entitled to a deed therefor, unless the same shall be redeemed as is provided by
<br />law; and in the event of a continuance ofthe sale, a recital that the sale was duly continued. The Public Trustee shall, upon demand by the person holding the
<br />said certificate of purchase, when said demand is made or upon demand by the person entitled to a deed to and for the property purchased at the time such
<br />demand is made, the time for redemption having expired, make and execute to such person a deed to the said property purchased. Said deed shall be in the
<br />ordinary form of a conveyance, and shall be signed, acknowledged and delivered by the said Public Trustee and shall confirm the foreclosure sale and sell and
<br />convey to such person entitled to such deed, the property purchased as aforesaid and all the right, title, interest, benefit and equity of redemption of the
<br />grantor therein, The Public Trustee shall, out of the proceeds or avails of such sale, after first paying and retaining all fees, charges and costs of making said
<br />sale, pay to the beneficiary hereunder or the legal holder of said note, the principal and interest due on said note according to the tenor and effect thereof, and
<br />
<br />all moneys advanced by such beneficiary or legal holder of said note for insurance, taxes and assessments, with interest thereon at 8 per cent per
<br />annum, rendering the overplus, if any, unto those persons entitled thereto as a matter oflaw, Said sale and said deed so made shall be a perpetual bar, both in
<br />law and equity, against the grantor and all other persons claiming the said property, or any part thereof, by, from, through or under the grantor, The holder of
<br />said note may purchase said property or any part thereof; and it shall not be obligatory upon the purchaser at any such sale to see to the application of the
<br />purchase money,
<br />
<br />*If in Denver, insert "City and",
<br />
<br />No. 341A, Rev. 12-92. DEED OF TRUST (Public 1h1stee) With Due on Sale Clause @
<br />Bradford Publishing, 1743 Wazee St., Denver, CO 80202 - (303) 292-2500 - 8-93
<br />
<br />APPENDIX
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