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238 --- 1111"'11111"'"1111I11111"111""11111I11111 II1I111I 238 03129/2004 09'27A Weld County, CO ~1:~ 3 R 16.00 D 0.00 . Steve Moreno Clerk & Recorder Deed of Trust DATE: January 1, 2004 GRANTOR: Lake Arrowhead Water Association BENEFICIARY: COLORADO WATER CONSERVATION BOARD COUN1Y: WELD PRINCiPAL LOAN AMOUNT: $300,000 LOAN CONTRACT: Loan Contract No. C150113, dated January 1, 2004 TERMS: Interest of 4.25% per annum and repayment period of 30 years COLLATERAL: An undivided 100% interest in the Lake Arrowhead Reservoir, water rights to fill the reservoir and the land upon which the reservoir is located, located in the NE % of Section 27, Township 5 North, Range 66 West. Weld County, as more particularly described in Attachment 1 to this Deed of Trust. This indenture is between the GRANTOR, and the Public Trustee of the above referenced COUNTY, State of Colorado ("PUBLIC TRUSTEE"), Factual Recitals 1. The GRANTOR has executed a Promissory Note of even date and amount, set forth in the LOAN CONTRACT, for a loan in the PRINCIPAL LOAN AMOUNT to be repaid to the BENEFICIARY, with TERMS OF REPAYMENT and in accordance with the Promissory Note or until loan is paid in full. 2. The GRANTOR is desirous of securing payment of the PRINCIPAL LOAN AMOUNT and interest of said Promissory Note to the BENEFICIARY. . The GRANTOR, in consideration of the premises and for the purpose aforesaid, does hereby grant, bargain, sell and convey unto the said PUBLIC TRUSTEE in trust forever, the above described COLLATERAL. To have and to hold the same, together With all appurtenanees, in trust nevertheless, that in case of default in the payment of said Promissory Note, or any part thereof, or the interest thereon, or in the performance of any covenants hereinafter set forth or in said Promissory Note or LOAN CONTRACT, then. upon the BENEFICIARY filing notice of election and demand for sale, said PUBLIC TRUSTEE, after advertising notice of said sale weekly for not less than four weeks in some newspaper of general circulation in said COUN1Y, shall sell said COLLATERAL in the manner provided by law in effect at the time of filing said notice and demand, at public auction for cash, at any proper place designated in the notice of sale. Out of the proceeds of said sale, the PUBLIC TRUSTEE shall retain or pay first all fees, charges and costs and all moneys advanced for taxes, insurance and assessments, or on any prior encumbrance, with interest thereon and pay the principal and interest due on said Promissory Note, rendering the overplus, if any, unto the GRANTOR; and after the expiration of the time of redemption, the PUBLIC TRUSTEE shall execute and deliver to the purchaser a deed to the COLLATERAL sold. The BENEFICIARY may purchase said COLLATERAL or any part thereof at such sale. The GRANTOR covenants that at the time of the delivery of these presents, it is well seized of the COLLATERAL in fee simple, and has full power and lawful authority to grant, bargain, sell and convey the same in the manner and form as aforesaid. The GRANTOR fully Appendix 5 to Loan Contract C150113