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~ <br />AMENDMENT NO. 1 TO DEED OF TRUST <br />Date: <br />Grantor (Borrower): <br />Beneficiary (Lender): <br />Date of Deed of Trust: <br />Recording Date of Deed of Trust: <br />County of Recording ("County"): <br />Deed of Trust Recording Information: <br />Loan Contract: <br />Promissory Note: <br />November 20, 2003 <br />C. R. Evans <br />Colorado Water Conservation Board <br />March 24, 1997 <br />April 25, 1997 <br />Pueblo <br />Reception 1166275 Book 2991 Pages 63 & 64 <br />C153748, dated April 15, 1997, amended March 9, 1998 and <br />November 20, 2003 <br />$100,000 3.75%, 30 Years, dated March 24, 1997 <br />This Amendment to the Deed of Trust is between the Grantor and the Public Trustee of the County of Pueblo, <br />State of Colorado. The Deed of Trust is to secure repayment of the indebtedness evidenced by Loan Contract <br />and Promissory Note between the Grantor and the Beneficiary. <br />The Beneficiary has requested the release of 1,376 shares of 1,876 shares of Excelsior Irrigating Company <br />stock owned by the Grantor. The Beneficiary has agreed to allow the Grantor to s~cure the loan with 500 <br />shares of Excelsior Irrigating Company stock. <br />NOW THEREFORE, the Beneficiary and Grantor agree that: <br />1. The third and fourth full paragraphs of the Original Deed of Trust are hereby amended to read as follows: <br />And whereas, the Grantor is desirous of securing payment of the principal and interest of the Promissory <br />Note dated March 24, 19(J7, in the principal sum of $100,000. <br />Now, therefore, the Grantor, in consideration of the premises and for the purpose aforesaid, does hereby <br />grant, bargain, s~ll and convey unto the said Public Trustee in trust forever, to wit: 500 sha~es of stock of <br />the Excelsior Irrigating Company, owned by the Grantor, as evidenced by Certificate No. 9. <br />2. In the event of any conflict, inconsistency, variance, or contradiction between the provisions of this <br />amendment and any of the provisions of the original deed of trust, the provisions of this amendment shall <br />in all respects supersede, govern, and control. <br />3. Any provisions of the original deed of trust not expressly modified herein remain in full force and effect. <br />Grantor: C. R. Evans <br />~~~~ ~ <br />State of Colorado, County of ~~~n <br />The foregoing instrument was acknowledged before me on November ~_, 2003, by C. Evans. Witness <br />my hand and official seal. <br />Notary lic <br />, My co'mrtaission expires ~~/~~~2-(~ ~~ <br />_ RETiJRN Documerits to: CWCB Finance Section, Attn: Jan Illian, 1580 Logan Street, Suite 750, Denver, CO 80203 <br />~~ <br />j <br />~~ Appendix 1 to Loan Contract C153748 Amendment No. 2 <br />