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{ <br />83'30600!5/01/2006 12:270 81241 P811 C. INGMIRE <br />1 of 2 R 11.00 D 0.00 Morgan County, CO <br />Deed of Trust <br />DATE: February 1, 2004 <br />GRANTOR: Orphan Wells of Wiggins, L.L.C. <br />BENEFICIARY: COLORADO WATER CONSERVATION BOARD <br />1313 SHERMAN STREET, SUITE 721 <br />DENVER, CO 80203 <br />COUNTY: MORGAN <br />PRINCIPAL LOAN AMOUNT: $1,048,077.00 <br />LOAN CONTRACT: Loan Contfact No. C150159, dated February 1, 2004 <br />This indenture is between the GRANTOR, <br />COUNTY, State of Colorado ( "PUBLIC TRUSTEE"), <br />Factual Recitals <br />and the Public Trustee of the above referenced <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 TERMS <br />OF REPAYMENT and in accordance with the Promissory Note or until loan is paid in full. <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 />The GRANTOR, in consideration of the premises and for the purpose aforesaid, does hereby <br />grant, bargain, sell and convey unto the said PUBLIC TRUSTEE in trust forever, the above described <br />COLLATERAL. <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 <br />in the performance of any covenants hereinafter set forth or in said Promissory Note or LOAN <br />CONTRACT, then upon the BENEFICIARY filing notice of election and demand for sale, said PUBLIC <br />TRUSTEE, after advertising notice of said sale weekly for not less than four weeks in some newspaper <br />of general circulation in said COUNTY, shall sell said COLLATERAL in the manner provided by law in <br />effect at the time of filing said notice and demand, at public auction for cash, at any proper place <br />designated in the notice of sale. Out of the proceeds of said sale, the PUBLIC TRUSTEE shall retain or <br />pay first all fees, charges and costs and all moneys advanced for taxes, insurance and assessments, <br />or on any prior encumbrance, with interest thereon and pay the principal and interest due on said <br />Promissory Note, rendering the overplus, if any, unto the GRANTOR; and after the expiration of the <br />time of redemption, the PUBLIC TRUSTEE shall execute and deliver to the purchaser a deed to the <br />COLLATERAL sold. The BENEFICIARY may purchase said COLLATERAL or any part thereof at such sale. <br />The GRANTOR covenants that at the time of the delivery of these presents, it is well seized of <br />the COLLATERAL in fee simple, and has full power and lawful authority to grant, bargain, sell and <br />Appendix 5 to Loan Contract C150159 <br />