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<br />. - -*20080320. .-.-- -- -----. -- - .'.- <br />20080320 4/3/20088:30 AM Patti Nickell <br />lof3 DT RS16.00 DSO.OO Bent County Clerk <br /> <br />Deed of Trust <br /> <br />January 29, 2008 <br />LOWER ARKANSAS WATER MANAGEMENT ASSOCIATION <br />COLORADO WATER CONSERVATION BOARD <br />BENT & PROWERS <br />$2,493,722 <br />Loan Contract No. C150258, dated January 29,2008 <br />2.30% per annum for 30 years <br />An undivided 40.5% interest in (1) the four and one-half cubic <br />feet per second (4.5 cfs) of a total of nine cubic feet per second <br />(9 cfs) decreed to the Keesee Ditch by the Bent County District <br />Court on July 1, 1895 in the original adjudication proceedings in <br />Water District No. 67 as Priority No. 1 with an appropriation date <br />of March 13, 1871. Two and one-quarter cubic feet per second <br />(2.25 cfs) of a total of four and one-half cubic feet per second <br />(4.5 cfs) decreed to the Keesee Ditch by the Bent County District <br />Court on July 1, 1895 in the original adjudication proceedings in <br />Water District No. 67 as Priority No. 4 with an appropriation date <br />of December 31, 1883. Seven and one-half cubic feet per <br />second (7.5 cfs) of a total of fifteen cubic feet per second (15 cfs) <br />decreed to the Keesee Ditch by the Bent County District Court <br />on October 14, 1918 in a supplemental adjudication proceeding <br />in Water District No. 67, with an appropriation date of September <br />3, 1893, and (2) One-half (1/2) of Grantor's right, title and <br />interest, including contract rights, to the Keesee storage account <br />in John Martin Reservoir arising under the 1980 Operating Plan, <br />for John Martin Reservoir, which plan was adopted as a <br />Resolution of the Arkansas River Compact Commission on April <br />24, 1980 and amended on May 10, 1984 and December 11, <br />1984. Under the Operating Plan, the Keesee storage account is <br />allotted 2.30% of the Colorado Water District No. 67 ditches' <br />entitled to conservation storage in the reservoir. <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 /> <br />The GRANTOR, in consideration of the premises and for the purpose aforesaid, does <br /> <br />DATE: <br />GRANTOR: <br />BENEFICIARY: <br />COUNTY: <br />PRINCIPAL LOAN AMOUNT: <br />LOAN CONTRACT: <br />TERMS OF REPAYMENT: <br />COLLATERAL: <br /> <br />Appendix 5 to Loan Contract C150258 <br />Page 1 of 3 <br />