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57$733 04/19/2004 10:20A Ann Eddins
<br />1 of 3 R 16.00 D 0.00 Delta Cty, CO Clerk & Rec
<br />Deed of Trust
<br />Da,TE: May 1, 2004
<br />GRANTOR Upper Surface Creek Domestic Water Users Association
<br />BENEFICIARY: COLORADO WATER CONSERVATION BOARD
<br />COUNTY: DELTA
<br />PRINCIPAL LOAN AMOUNT: $163,8O2.Q0
<br />LoaN CoNTFtacT: Loan Contract No. C150173, dated May 1, 2004
<br />TERMS OF REPAYMENT: 3 .25% per annum for 20 years
<br />Go��TE�,�: An undivided one-hundred percent interest in (1) the diversion
<br />structure located in SE1/4-NE1/4, Section 34, Township 13
<br />South, R�nge 94 West, 6�' P.M., Delta County, Colorado,
<br />diverting from SurFace Creek, and (2) 3,000 linear feet of 15-
<br />inch plastic pipe including Grantor's interest in the
<br />easements and rights-of way on which the pipeline is located
<br />including: (a) Tract 85, Sec�ion 34 of Township 12 South,
<br />Range 94 West of the 6 Principal Meridian, granted by the
<br />U. S. Department of the Interior, Bureau of Land
<br />Management right-of-way grant/temporary use permit dated
<br />September 17, 2003, (b) Lots 18 and 19, Section 34,
<br />Township 12 South, Range 94 West of the 6�' Principal
<br />Meridian, granted by Michael R. Laurita and Alicia Jean
<br />Laurita, recorded at Delta County, Colorado, Bk 976, Pg
<br />774-775, and (c) Lot 74, Section 34, Township 12 South,
<br />Range 94 West of the 6 Principal Meridian, granted by
<br />Michael R. Laurita and Alicia Jean Laurita, recorded at Delta
<br />County, Colorado, Bk 976, Pg 780-781, together with all
<br />appliances, fixtures and any other property used in connection
<br />with the operation of said pipeline and access to said pipeline.
<br />This indenture is between the Grantor, and the Public Trustee of the above
<br />referenced CouNN, State of Colorado (" PUBLIC TRUSTEE
<br />FACTUAL RECITALS
<br />1. The GRa,NTOR has executed a Promissory Note of even date and amount, set forth in
<br />thG' LOAN CONTRACT for a loan 111 the PRINCIPAL LOAN AMOUNT t0 be repaid to the
<br />BENEFICIARY, Wlth TERMS OF REPAYMENT aCld 111 aCCO�danCe Wlth the PI'Otl11SS01�/ NOte
<br />or until loan is paid in full.
<br />2. The GRa►vTOR is desirous of securing payment of the PRirvciPA� LoaN AnnourvT and
<br />interest of said Promissory Note to the BENEFic�a,RY.
<br />Appendix 5 to Loan Contract C150173
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