RECEl~lE~
<br />~~ ~ i 0 1998 1232118 08/03/ 1998 01: 27P TD Ch~ i s C. Muno:
<br />1 of 3 R 16.00 D 0.00 Pueblo Cf.y Clk 8 Ree.
<br />~~~~~~ i~ ~~ ~ Deed of Trust
<br />constr r-. .. .....
<br />This indenture, made this I I~' day of _~EB(~1 ~rA~~ , befinreen C.R.
<br />Evans, whose address is 231 Nyberg Road, Pueblo, Colorado 810 6, hereinafter referred to as
<br />GRANTOR, and the Public Trustee of the County of Pueblo, State of Colorado, hereinafter referred to
<br />8S PUBLIC TRUSTE~,
<br />Witnesseth, that whereas, Gw~NTOR has executed a promissory note, set forth in Contract
<br />C153797 ("Contract") for a loan in the principal sum of $230,000 to be repaid to the STATE OF
<br />COLORADO for the use and benefit of the Department of Natural Resources, Water Conservation
<br />Board, whose address is 1313 Sherman Street, Room 721, Denver, Colorado 80203, with interest
<br />thereon from the date of first disbursement of funds under the Contract at the interest rate of 3.75%
<br />per annum, payable in 30 annual installments, in accordance with the terms of the Promissory Note,
<br />or until loan is paid in full.
<br />And whereas, the GFtaNTOR is desirous of securing payment ef the principal and ;ntsrest of
<br />said promissory note to the State of Colorado.
<br />Now, therefore, the GRatvTOR, in consideration of the premises and for the purpose
<br />aforesaid, does hereby grant, bargain, sell and convey unto the said Puauc TRUSTEE in trust forever,
<br />to wit: 1,876 shares of stock of the Excelsior Irrigating Company, evidenced by Certificate No. 6,
<br />which shares represent the GRaNTOR's pro rata interest in the following water rights: 20 c.f.s.
<br />decreed to the Bessemer Ditch as Priority No. 55 (Admin. # 13635) by the Pueblo County District
<br />Court in Civil Action 2535 on March 23, 1896 with an appropriation date of May 1, 1887, and
<br />transferred to the Excelsior Ditch on September 15, 1905 in Civil Action 9532, and 40 c.f.s. decreed
<br />to the Rocky Ford Highline Canal as Priority No. 60 (Admin. # 14616) by the Pueblo County District
<br />Court in Civil Action 2535 on March 23, 1896 with an appropriation date of January 6, 1890, and
<br />transferred to the Excelsior Ditch on September 15, 1905 in Civil Action 9532, (hereinafter referred
<br />to as "Propert~').
<br />To have and to hold the same, together with all and singular the privileges and
<br />appurtenances thereunto belonging: In Tn.~st 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
<br />case default shall be made in or in case of violation or breach of any of the terms, conditions,
<br />covenants or agreements contained in the Contract, the beneficiary hereunder may declare a
<br />violation of any of the covenants contained in the Contract and elect to advertise said Property for
<br />sale, and d~man~ such sale by filing a noticz o~ such election and demand for sale with the Puauc
<br />TRUSTEE. Upon receipt of such notice of election and demand for sale, the PUBLIC TRUSTEE Shall
<br />cause a copy of the same to be recorded in the recorder's office of the county in which said Property
<br />is situated, it shall and may be lawful for the PuBUC TRUSTEE to sell and dispose of the same (en
<br />masse or in separate parcels, as the said Pusuc TRUSTEE may think best), and all the right, title and
<br />interest of the GRa,rvTOR, its successors or assigns therein, at public auction at such time and at
<br />such location as shall be designated in the Pua~ic TRUSTEE's Notice of Sale, for the highest and best
<br />price the same will bring in cash, four weeks public notice having been previously given of the time
<br />and place of such sale, advertisement once each week for five consecutive weeks, in some
<br />newspaper of general circulation at that time published in said county, a copy of which notice shall
<br />be mailed within ten days from the date of the first publication thereof to the GwaNTOR at the address
<br />herein given and to such person or persons appearing to have acquired a subsequent record
<br />interest in said Property at the address given in the recorded instrument; where only the county and
<br />state is given as the address then such notice shall be mailed to the county seat, and to make and
<br />give to the purchaser of the Property at such sale, a certificate in writing describing the Property
<br />Appendix 4 to Loan Contract C153797
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