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<br />SCOTT DOYLE, RECORDER, LARIMER COUNTY CO
<br />RCPTN# 2003-0124643 09/29/2003 16:54:00
<br />PAGES - 2 FEE $11.00 DOC $0.00
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<br />Deed of Trust
<br />
<br />October 1, 2003. ~\)
<br />THE WINDSOR RESERVOIR & CANAL COMPANY.. .. ~f"$\; .S~\)
<br />COLORADO WATER CONSERVATION BOARD. C < .. ~\..~~ 't'
<br />LARIMER ~";V ~(I\;.(>>~~ C~
<br />$681,750 ." l)~\:;" ~:v (,~' .
<br />"~,.." '<,:,"IJ"-
<br />Loan Contract No. C150151, dated October 1, iO~~"
<br />
<br />2.5% Interest per annum for a period of 30 years
<br />
<br />An undivided one hundred percent (100%) interest in Windsor Reservoir
<br />No. 8 and Annex No. 8 located within Sections 13, 18, 19 and 24,
<br />Township 8 North, Range 69 West, 6th P.M. and the Northwest % of
<br />Section 19, Township 8 North Range 68 West, 6th P.M., Larimer County,
<br />Colorado, together with all gates, easements, ditches, canals,rights-of-
<br />way and all other structures, appliances, fixtures and any other property
<br />used in connection with the operation of said reservoirs and access to
<br />said reservoirs.
<br />
<br />This indenture is between the GRANTOR, and the Public Trustee of the above referenced
<br />COUNlY, State of Colorado ("PUBLIC TRUSTEE"),
<br />
<br />Factual Recitals
<br />
<br />1. The GRANTOR 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 BENEFICIARY, with REPAYMENT
<br />TERMS as shown above and in accordance with the Promissory Note or until loan is paid in full.
<br />
<br />2. The GRANTOR is desirous of securing payment of the PRINCIPAL LOAN AMOUNT and interest of said
<br />Promissory Note to the BENEFICIARY.
<br />
<br />The GRANTOR, in consideration of the premises and for the purpose aforesaid, does hereby grant,
<br />bargain, sell and convey unto the said PUBLIC TRUSTEE in trust forever, the above described COLLATERAL.
<br />
<br />To have and to hold the same, together with all appurtenances, in trust nevertheless, that in
<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 CONTRACT,
<br />then upon the BENEFICIARY filing notice of election and demand for sale, said 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 COUNTY, shall sell said COLLATERAL in the manner provided by law in effect atthe 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 PUBLIC 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 />any, unto the GRANTOR; and after the expiration of the time of redemption, the PUBLIC TRUSTEE shall
<br />execute and deliver to the purchaser a deed to the COLLATERAL sold. The BENEFICIARY may purchase
<br />said COLLATERAL or any part thereof at such sale.
<br />
<br />The GRANTOR 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 />/6. same in the manner and form as aforesaid. The GRANTOR fully waives and releases all rights and claims
<br />
<br />eof' /( rll to : ewe.. e>
<br />A-rr)1: ,s. S. &1~Mlo Appendix 5 to Loan Contract C150151
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<br />WC\ter- ~f'~ P\tlM\"~ +- hll";H 5eeA-,o~
<br />1.~13 6""-e.J"oM.,q.l\ Sf-. J ~,.... 721
<br />
<br />DATE:
<br />GRANTOR:
<br />BENEFICIARY:
<br />COUNTY:
<br />PRINCIPAL LOAN AMOUNT:
<br />LOAN CONTRACT:
<br />REPAYMENT TERMS:
<br />COLLATERAL:
<br />
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