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<br />3565627 07/10/2008 04:09P Weld County, CO
<br />" 1 of 3 R 16.00 D 0.00 Steve Moreno Clerk & Recorder
<br />Deed of Trust
<br />DATE: June 1, 2008
<br />GRANTOR: Lower Latham Reservoir Company
<br />BENEFICIARY: COLORADO WATER CONSERVATION BOARD
<br />COUNTY: WELD
<br />PRINCIPAL LOAN AMOUNT: $670,640
<br />LOAN CONTRACT: Loan Contract No. C150264, dated June 1, 2008
<br />TERMS OF REPAYMENT: 2.25% per annum for 30 years
<br />COLLATERAL: An undivided one-hundred percent interest in 2 shares of the
<br /> Lower Latham Ditch Company, evidenced by certificate number
<br /> 1558, the shares representing Grantor's pro rata interest in the
<br /> following Lower Latham Ditch rights: 1) 20.4 cfs, appropriation
<br /> date 5/12/1869, adjudication date 4/28/1883, 2) 35.77 cfs,
<br /> appropriation date 12/12/1874, adjudication date 4/28/1883, 3)
<br /> 97.68 cfs, appropriation date 11/14/1877, adjudication date
<br /> 4/28/1883, 4) 133.88 cfs, appropriation date 10/24/1881,
<br /> adjudication date 4/28/1883, all adjudicated under Case No.
<br /> CA6009 and located in NE '/ NW '/4 NE '/4 of Section 31,
<br /> Township 5 North, Range 65 West of the 6~' P.M., Weld County,
<br /> Colorado;
<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 6~' P.M.,
<br />Weld County, Colorado.
<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 t0 be repaid t0 the BENEFICIARY,
<br />Wlth TERMS OF REPAYMENT and In aCCOrdance Wlth the PrOrr1lSSOry NOte Or Untll IOan IS pall
<br />in full.
<br />2. The GRANTOR is desirous of securing payment of the PRINCIPAL LOAN AMOUNT and interest of
<br />Said PrOmISSOry Note t0 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 />Appendix 5 to Loan Contract C150264
<br />Page 1 of 3
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