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<br />DATE:
<br />GRANTOR:
<br />BENEFICIARY:
<br />COUNTY:
<br />PRINCIPAL LOAN AMOUNT:
<br />LOAN CONTRACT:
<br />TERMS OF REPAYMENT:
<br />COLLATERAL:
<br />
<br />Deed of Trust
<br />
<br />April 19, 2007
<br />THE OVERLAND DITCH AND RESERVOIR COMPANY
<br />COLORADO WATER CONSERVATION BOARD
<br />DELTA
<br />$1,141,300
<br />Loan Contract No. C150206, dated April 19, 2007
<br />2.5% per annum for 30 years
<br />An undivided one-hundred percent interest in the following four
<br />water storage rights:
<br />
<br />(1) Priority No. B-2, from West branch of Muddy Creek, a
<br />tributary to the North Fork of the Gunnison River, for 1,050.73
<br />acre-feet conditional, for Overland Reservoir No. 2 decreed
<br />August 28, 1920, with an appropriation date of June 11, 1902 in
<br />Case No. 1424, District Court; and transferred to location of
<br />Overland Reservoir NO.1 in Case Nos. 89 CW 142 and 90 CW
<br />33; 80 acre feet converted to absolute May 11, 1995, in Case
<br />No. 94 CW 56, District Court, Water Division No.4, Colorado;
<br />
<br />(2) Priority No. A8, from West branch of Muddy Creek, a tributary
<br />to the North Fork of the Gunnison River, for 2,000 acre-feet, for
<br />Overland Reservoir; appropriated June 1, 1903; adjudicated June
<br />23, 1914, Case No. 617, District Court, Delta County, Colorado,
<br />Book J2-375;
<br />
<br />(3) Priority No. 83, from West branch of Muddy Creek, a tributary
<br />to the North Fork of the Gunnison River, for 2,000 acre-feet, for
<br />first enlargement of Overland Reservoir; appropriated July 1,
<br />1903; adjudicated on August 28, 1920, Case No. W-2602, District
<br />Court, Delta County, Colorado, Book J3-164; and
<br />
<br />(4) Priority No. J-321 , from Cow Creek (formerly called West
<br />Muddy Creek), for 2,120 acre feet, for first enlargement of
<br />Overland Reservoir, appropriated July 22, 1948; adjudicated
<br />March 20, 1954, Case No. 3503, District Court, Delta County,
<br />Colorado; made absolute on February 5, 1962,. Case No. 3503,
<br />District Court, Delta County, Colorado, Book 12-329.
<br />
<br />This indenture is between the Grantor, and the Public Trustee of the above referenced
<br />COUNTY, State of Colorado ("PUBLIC TRUSTEE"),
<br />FACTUAL RECITALS
<br />1. The GRANTOR has executed a Promissory Note of even date and amount, set forth in the
<br />LOAN CONTRACT, for a loan in the PRINCIPAL LOAN AMOUNT to be repaid to the BENEFICIARY,
<br />
<br />Appendix 5 to Loan Contract C150206
<br />Page 1 of 3
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