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<br />3535154 02/13/2008 01:51P Weld County, CO
<br />1 of 3 R 16.00 0 0.00 Steve Moreno Clerk & Recorder
<br />Deed of Trust
<br />
<br />DATE:
<br />GRANTOR:
<br />BENEFICIARY:
<br />COUNTY:
<br />PRINCIPAL LOAN AMOUNT:
<br />LOAN CONTRACT:
<br />TERMS OF REPAYMENT:
<br />COLLATERAL:
<br />
<br />October 1 , 2007
<br />Lower Latham Reservoir Company
<br />COLORADO WATER CONSERVATION BOARD
<br />WELD
<br />$1,994,596
<br />Loan Contract No. C150253, dated October 1, 2007
<br />2.25% per annum for 30 years
<br />An undivided one-hundred percent interest in 6 shares of the
<br />Lower Latham Ditch Company, evidenced by certificate numbers
<br />1549, 1550, 1551, and 1554, the shares representing Grantor's
<br />pro rata interest in the following Lower Latham Ditch rights: 1) 20.4
<br />cfs, appropriation date 5/12/1869, adjudication date 4/28/1883, 2)
<br />35.77 cfs, appropriation date 12/12/1874, adjudication date
<br />4/28/1883, 3) 97.68 cfs, appropriation date 11/14/1877,
<br />adjudication date 4/28/1883, 4) 133.88 cfs, appropriation date
<br />10/24/1881, adjudication date 4/28/1883, all adjudicated under
<br />Case No. CA6009 and located in NE % NW % NE % of Section
<br />31, Township 5 North, Range 65 West of the 6th P.M., Weld
<br />County, Colorado;
<br />
<br />as well as a 35.0 cfs right in the Lower Latham Drain,
<br />appropriation date 3/1/1889, Case No. CA54658, adjudication date
<br />7/8/1893, diverted from the South Platte River in the NW % NE %
<br />of Section 32, Township 5 North, Range 65 West of the 6th P.M.,
<br />Weld County, Colorado.
<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 />with TERMS OF REPAYMENT and in accordance with the Promissory Note or until loan is paid
<br />in full.
<br />2. The GRANTOR is desirous of securing payment of the PRINCIPAL LOAN AMOUNT and interest of
<br />said Promissory Note to the BENEFICIARY.
<br />The GRANTOR, in consideration of the premises and for the purpose aforesaid, does
<br />hereby grant, bargain, sell and convey unto the said PUBLIC TRUSTEE in trust forever, the above
<br />described COLLATERAL.
<br />To have and to hold the same, together with all appurtenances, in trust nevertheless,
<br />that in case of default in the payment of said Promissory Note, or any part thereof, or the
<br />
<br />Appendix 5 to Loan Contract C150253
<br />Page 1 of 3
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