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<br />~ <br /> <br />Pr.C:~ DCi'~ '~'f.f~;:~.~r <br /> <br />Deed of Trust <br /> <br />- <br /> <br />1936~85 01/24/00 0940AM <br />"ON1K... T ODE. CLKa.REC t1ESf'I COUNTY r.O <br />RECFEE $15.00 <br />BOOK2673 PAGE501 <br />This Indenture. made this 12th day of JanU8IY 2000, between ~ Ute Water ConeeMricy DIsb1ct, whole <br />address I. P.O. Box 4f.lO. Grand Junction. Colorado 81502. herefnafter nilfened to as GRANTOR. and the Public <br />Trustee of the County of Mesa, State or Colorado. hereinafter referred to as PUBUC TRUSTEE <br />, <br /> <br />WItneafth, that .......... GRANTOR has execuled a promISSOIy noIe, set forth In Contract No. Ct53329, <br />dated September 15, 1980. 88 amended. ("Contracr). for 8 losn in the princlpel awn of $985,000.00. to be repaid to <br />the STATE OF COLORADO for the U88 and beneftt of the 08pIII'tment of NatU181 Resources. Water Coneervatlon <br />Board, whose addres8 18 1313 Sherman Sbeet, Room 721. Denver, Colorado, 80203. p8y8bIe In 40 annual <br />ImsteIlments, In accordance with said Promissory Note. or untIlloen Is paid in full. <br /> <br />And whereas, the GRANTOR 18 desirous of securing payment of the principal and 1ntef9st of said PromlS8Clly <br />Note to the Stale of COIora. <br /> <br />Now, therefore. the GRANTOR. In conslderatlon of the premiaes and for the puI'p088 aforesaid, does henJIly <br />grant, bergsln, sell and eorrwt unto the safd PUBUC TRUSTEE In trust forever. to wit <br /> <br />An undivided 100% Interest In the following: <br /> <br />1. 4.839 acres of land, described as follow8: <br /> <br />Beginning at a point from whence the N% Comer of Section 19. T19, R1W. ute <br />MeridIan, bears N 351' 31' 21" E 1029.94 feet and considering the North line of the <br />NW% NE% of said Section 19 to bear N e9' 39' 34" E with all bearings herein <br />relatiYe U1er8tD; thence N 45" (56' 30" W 635.91 feet; thence S 4of' 04' 3ft' W 400.0 <br />feet; thence S 4s- 55' 30" E 635.91 feet; thence N 4W 04' 30" E 88..81 feet; thence N <br />450 S6' 3Cr W 208.71 feet; thence N 440 04' 30" E 208.71 feet; thence S 45" 55' 30" <br />E 208.71 feet, thence N 440 04' 30" E 122.48 feet to the point of beginning. <br />containing 4.839 acres more or 1868. <br /> <br />2. A five-mlUlon-g8l1on water tank With all appurtenances located on the above 4.839 acres of lanet. <br />3. A 24-inch diameter &teet pipe 2690 z feet In length, with aD appurtenances. <br />4. An altitude valve and vault connected to the &y8tem. <br />5. A 12-lnch diameter asbestOs cement pipe, 284 :t feet In length, with aSl appurtenances. <br />6. A 24-inch diameter steelyard pipe, 64 t. feet In length, with BI1 appurtenances. <br />(Collec:tlvety or hereinafter referred to lIS the "Property"). <br />All Items In Paragraphs 3 through e, abOve, are located In SectIon 19, T15. R1W. Ute Principal Meridian. <br /> <br />To have and to hold the same, together with all and singular the pnvllegesancl appurtell8llC:eS ttMnuntD <br />belonging: In Trust nevertheleSs, that In case of default In the payment of said note, or any part thereof. or In the <br />payment of the Interest thereOn, accortIIng to the tenor and effect of said note or In the payment of any prior <br />encUmbranC88. pdncipal or Interest, If 8frI, or In case default shall be made in or In case of violation or breach of 81f'/ <br />fA the tenns. conditions. c:ovenants or agreements contained In the Contract, the benefldary hereunder may declare a <br />vlolstlon of any of the covenants contained in the Contr8d and eIed to advertise said Property for sale, and demand <br />such sat. by filing a notioe of such election and demsncI for sale 'fWith the PUBLIC TRUSTEE. Upon receipt of IUCh <br />notice of election and demand for sale, the PUBLIC TRUSTEE sheil cause a et:JrYf of the same to be AKOIded In the <br />recorder's office of the county in which said property Is sltuated, It shall and may bel8Wful for the PUBUC TRUSTEE <br />to sell and OlSpose of ~ same (en masse or In separate parcels, as the said PUBUC TRUSTEE may think beSt), and <br />all the righl. title and Interest of the GRANTOR. itS 8l!Ct B81 ora or assigns therein, at public auction at such time and at <br />such location as shall be designated In the PUBUC TRUSTEE" NotIce cl Sale, for the hlghett and beSt price the <br />same wib bring In cash, four weeks public notice having been previoUsly giVen of the time and pI8Ce of such sale. <br />advertisement once each week for fIVe consecutive weeks, in some newspaper of general c1rcuJatlon at that time <br />published In said County of Mesa. 8 COf1Y of which notice shall be mailed within ten days from the date of the flrst <br />publication thereof to thethe GRANTOR at the addreBs herein given and to such personor peraons appearing to have <br />