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1414048
<br />II 12903/2001 08:50E
<br />ChrisC.Munoz PueblaCtyClkaRec RM TD R 15.00 D 0.00
<br />AMENDED DEED OF TRUST
<br />To amend the deed of trust dated February 11, 1998,
<br />recorded August 3, 1998 Reception No. 1232118, Pueblo County
<br />This indenture, made this 21St day of October 2000, between C.R. Evans, whose address is
<br />231 Nyberg Road, Pueblo, Colorado 81006, hereinafter referred to as GFtaNTOR, and the Public
<br />Trustee of the County of Pueblo, State of Colorado, hereinafter referred to as Pueuc TRUST~E,
<br />Witnesseth, that whereas, GRANTOR agreed to pledge collateral to assure repayment of
<br />Contract C153797 dated February 11, 1998, and amended December 1, 2000 ("ContracY') for a loan
<br />in the principal sum of $251,125 to be repaid to the STATE OF COLORADO for the use and benefit
<br />of the Department of Natural Resources, Water Conservation Board, whose address is 1313
<br />Sherman Street, Room 721, Denver, Colorado 80203, with interest thereon from the date of first
<br />disbursemen~ ofi funds under fhe ~ontract at fhe inferest rate of 3.77~% per annum, payable in 30
<br />annual insiallments, in accordance with the terms of the Promissory Note, or unfif loan is paid in #ull.
<br />This deed of trust is being amended to increase the loan amount to $251,125.
<br />And whereas, the GRa,NTOR is desirous of securing payment of the principal and interest of
<br />said promissory note to the State of Colorado.
<br />Now, therefore, the GRANTOR, in consideration of the premises and for the purpose aforesaid,
<br />does hereby grant, bargain, sell and convey unto the said Pus~~c TRUSTEE in trust forever, to wit:
<br />1,876 shares of stock of the Excelsior Irrigating Company, evidenced by Certificate No. 6, which
<br />shares represent the G~NTOR's pro rata interest in the following water rights: 20 c.f.s. decreed to the
<br />Bessemer Ditch as Priority No. 55 (Admin. # 13635) by the Pueblo County District Court in Civil
<br />Action 2535 on March 23, 1896 with an appropriation date of May 1, 1887, and transferred to the
<br />Excelsior Ditch on September 15, 1905 in Civil Action 9532, and 40 c.f.s. decreed to the Rocky Ford
<br />Highline Canal as Priority No. 60 (Admin. # 14616) by the Pueblo County District Court in Civil Action
<br />2535 on March 23, 1896 with an appropriation date of January 6, 1890, and transferred to the
<br />Excelsior Ditch on September 15, 1905 in Civil Action 9532, (hereinafter referred to as "Property").
<br />To have and to hotd the same, together with all and singular the privileges and
<br />appurtenances thereunto belonging: In Trust nevertheless, that in case of default in the payment of
<br />said note, or any part thereof, or in the payment of the interest thereon, according to the tenor and
<br />effect of said note or in the payment of any prior encumbrances, principal or interest, if any, or in case
<br />default shaA be mad~ in or in case b# vioaation .or breach of any of the terms, canditions, covenants or
<br />agreements contained in the Contract, the beneficiary hereunder may declare a uiolation of any of the
<br />covenants contained in the Contract arid elect to advertise said Properiy for sale, and demand such
<br />sale by filing a notice of such election and demand for sale with the PuB~~c TRUSTEE. Upon receipt of
<br />such notice of electian and demand for sale, the PUBLIC TRUSTEE shall cause a copy of the same to
<br />be recorded in the recorder's office of the county in which said Property is situated, it shall and may
<br />be lawful for the Pueuc TRUSTEE to sell and dispose of the same (en masse or in separate parcels,
<br />as the said PuB~~C TRUSTEE may think best), and all the right, title and interest of the G~-vTOR, its
<br />successors or assigns therein, at public auction at such time and at such location as shall be
<br />designated in the PuauC TRUSTEE's Notice of Sale, for the highest and best price the same will bring
<br />in cash, four weeks public notice having been previously given of the time and place of such sale,
<br />advertisement once each week for five consecutive weeks, in some newspaper of general circulation
<br />at that time published in said county, a copy of which notice shall be mailed within ten days from the
<br />date of the first publication thereof to the Gr~a,NTOR at the address herein given and to such person or
<br />persons appearing to have acquired a subsequent record interest in said Property at the address
<br />given in the recorded instrument; where only the county and state is given as the address then such
<br />Attachment 3 to Contract C153797 Amendment No. 1
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