PROJ02132

• Contract/PO #: C150167
• Contractor Name: FL Gill H20 LLC
• Contract Type: Loan
• Water District: 0
• Loan Projects - Doc Type: Contract Documents

DATE:
GRANTOR:
BENEFICIARY:
COUNTY:
PRINCIPAL LOAN AMOUNT:
LOAN CONTRACT:
TERMS OF REPAYMENT:
COLLATERAL:

Deed of Trust

September 20,2004
FL Gill H20 LLC
COLORADO WATER CONSERVATION BOARD
WASHINGTON
$115,898
Loan Contract No. C150167, dated September 20,2004
2.50% per annum for 30 years
An undivided one-hundred percent interest in X A DEED OF
TRUST FOR EACH STOCK CERTIFICATE OWNED BY A
DIFFERENT PARTY

Surface water rights: name of water right, amount (cis for direct flow, acre-feet for storage),
source (river or stream), location, appropriation date, and if
decreed: court, case number & date of decree.

Shares of stock: # of shares, certificate #, the shares represent Grantor's pro rate interest in
the following water rights (same as surface water rights).

diversion and headgate structures: 'X- 'X section, township, range, name of the ditch, and
name of the stream from which it diverts.

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 appurtenances, 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 COUNTY, 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,

Appendix 5 to Loan Contract C150167