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<br />�`���� p�d��f Trust
<br />DaTE: September 1, 2002
<br />GRANTOR: THE AMITY MUTUAL IRRIGATION COMPANY
<br />BENEFICIARY: COLORADO WATER CONSERVATION BOARD
<br />COUNTY: KIOWA COUNTY
<br />PRINCIPAL LOAN AMOUNT: $360,000
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<br />,�iate of Colorado�
<br />M�
<br />County of Kiowa �
<br />J hereby certifY that this fnstr ��nt
<br />w s filed in my of:ice at �. v'clock
<br />� 9CT � 8 20�� �r�l
<br />r�carded in Book � aga�'��-r"
<br />Rrc�rd�r
<br />LoaN CoNrRncT: Loan Contract No. C150099, dated September 1, 2002
<br />TERMS Interest of 2.75% per annum and repayment period of 30 years
<br />COLLATERAL: A11 undivided one hundred percent (100%) interest in and to all
<br />easements and rights-of-way appurtenant thereto, all improvements
<br />ther�on, and a!! �t��r prysical ard iegai features known ihe Neenoshe
<br />Dam & Reservoir located in Section 15 Township 20 South, Range 47
<br />West, Kiowa County, Colorado.
<br />This indenture is between the GRaNTOR, and the Public Trustee of the above referenced
<br />CouNnr, State of Colorado (" PUBLIC TRUSTEE
<br />Factual Recitals
<br />1. The G�rvTOR has executed a Promissory Note of even date and amount, set forth in the LoaN
<br />CONTRACT, f0� a IOatl Ifl th@ PRINCIPAL LOAN AMOUNT t0 be I'2pald t0 the BENEFICIARY with terms as
<br />shown above and in accordance with the Promissory Note or until loan is paid in full.
<br />2. The GRa,NTOR is desirous of securing payment of the PRiNCiPa� LoaN AnnouNT and interest of said
<br />PI"01711SSOly NOte t0 th2 BENEFICIARY.
<br />The Gt�aNTOR, in consideration of the premises and for the purpose aforesaid, does hereby grant,
<br />bargain, sell and convey unto the said PuB��C TRUSrEE in trust forever, the above describ,ed Co��aTERa,�.
<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 Loa,N CorvTw4cT,
<br />then upon the BENEFiciARY 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 />circa!a±ior ;� said Co��v�, �hall s�l! sai� �OLL,ATE4�L �n the rnanre� Nrovided by lavr ir e� Fec� ai t�� t�r ��
<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 PuBUC 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 Gr�a►vTOR; and after the expiration of the time of redemption the PUBLIC TRUSTEE shall
<br />execute and deliver to the purchaser a deed to the Co��aTEFta� sold. The BErvEFic�,4RY may purchase
<br />said Co��a,TERa� or any part thereof at such sale.
<br />The GRa►vTOR covenants that at the time of the delivery of these presents, it is well seized of
<br />the Co��,�,TERa� in fee simple, and has full power and lawful authority to grant, bargain, sell and
<br />convey the same in the manner and form as aforesaid. The GRarvTOR fully waives and releases all
<br />rights and claims it may have in or to said Co��a,TERa,� as a Homestead Exemption or other
<br />exemption, now or hereafter provided by law. The Gw4rvTOR further covenants that the collateral is
<br />Appendix 5 to Loan Contract C150099
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