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<br />R $11.00 <br />D $0.00 <br />,......- ..-..---. <br />2006138393 AMTD <br />11/21/2006 08:50:40 AM 2 Page(s) <br />Jefferson County, Colorado <br />AMENDMENT NO.2 TO DE:ED OF TRUST. <br /> <br />ll~ <br />~(/ <br /> <br />Date: October 12, 2006 <br />Grantor (Borrower): The Consolidated Mutual Water Company <br />Beneficiary (Lender): Colorado Water Conservation Board <br />Date of Deed of Trust: April 26, 2000 <br />Recording Date of Deed of Trust: July 28, :2000, originally recorded on <br />December 28,1999 <br />. County of Recording ("County"): Jefferson <br />Deed of Trust Recording Information: F10908Ei2 (3 pages) <br />Loan Contract: C 15001'1, dated September 13, 19~~9, <br />amended April 26, 2000 and September <br />21,2001 <br />Promissory Note: $9,110,487.53,5.10%,5 Years, dated <br />October 12,2006 <br /> <br />\/1- <br /> <br />This Amendment to the Deed of Trust is betwE~en the Grantor and the Public <br />Trustee of the County, State of Colorado. <br /> <br />The Original Deed of Trust was reCOrdE:ld to secure repayment of the <br />indebtedness evidenced by Loan Contract and Promissory Note between the <br />Grantor and the Beneficiary. <br /> <br />Based upon the CWCB's deferral of Grantor's annual loan payments for <br />the years 2007, 2008, 2009, 2010 and 2011, which deferrals resulted in a new <br />repayment schedule and a different annual !payment amount, Grantor and <br />Beneficiary have agreed to amend the Origin;al Deed of Trust to reflect the <br />revised annual loan payment amount and repayment schedule. <br /> <br />NOW THEREFORE, the CWCB and Grantor agree that: <br /> <br />1. The second full paragraph of the First Amended Deed of Trust is hereby <br />amended to read as follows: <br /> <br />The Grantor has executed a Promissory Note dated October 12, 2006, to <br />secure the repayment of the indebtedness evidenced by Contract No. <br />C150011, dated September 13, 1999, as amended on April 26, 2000, <br />September 21, 2001, and October 12, 2006 for the total principal sum of <br />$9,110,487.53, to be repaid to the State of Colorado for the use and benefit <br />of the Department of Natural Resources, Colorado Water Conservation <br />Board ("CWCB") the beneficiary herein, whose address is 1313 Sherman <br />Street, Room 721, Denver, CO 80203, payable in 5 annual installments, in <br />accordance with said Promissory Note, or until the loan is paid in full. <br /> <br />2. In the event of any conflict, inconsistency, variance, or contradiction between <br />the provisions of this amendment and any of the provisions of the original <br />deed of trust, the provisions of this amendment shall in all respects <br />supersede, govern, and control. <br /> <br />Appendix E to Loan Contract C150011 Amendment No.3 <br />