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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 <br />