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<br />12/03/2001 08:80E
<br />ChrisC.Munoz PuebloCtyClk&Rec AM TD R 15.00 D 0.00
<br />Amended Deed of Trust
<br />To amend the deed of trust dated January 28, 1998,
<br />recorded August 3, 1998 Reception No. 1232119, Pueblo County
<br />This indenture, made this 21St day of October 2000, between the EXCELSIOR IRRIGATING
<br />COMPANY, a Colorado mutual ditch company, whose address is 231 Nyberg Road, Pueblo, Colorado
<br />81006, hereinafter referred to as Gr~ANTOR, and the Public T~ustee of the County of Pueblo, State of
<br />Colorado, hereinafter referred to as PuB~ic TRUSTEE,
<br />Witnesseth, that whereas, GRANTOR has executed a promissory note dated December 1, 2000
<br />which repfaces the promissory note dated January 28, 1998, set forth in Contract C153797 dated
<br />February 11, 1998 and amended December 1, 2Q00 ("Contract") for a loan in the principal sum of
<br />$251,125 to be repaid to the STATE OF COLORADO for the use and benefit of the Department of
<br />Natural Resources, Water Conservation Board, whose address is 1313 Sherman Street, Room 721,
<br />Denver, Colorado 80203, wifh interest thereon from the date of ~irst dis6ursemen~ of funds under ihe
<br />Contract at the effective interest rate of 3.771 % per annum, payable in 30 annual installments, in
<br />accordance with the terms of the Promissory Note, or until loan is paid in full. This deed of trust is
<br />being amended to increase the loan amount to $251,125.
<br />And whereas, the G~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 tfie purpose aforesaid,
<br />does hereby grant, bargain, sell and convey unto the said PuB~~C TRUSTEE in trust forever, to wit: the
<br />diversion structure of the Excelsior Ditch, located in the SE1/4 of the SE1/4 of Section 36, Township
<br />20 South, Range 64 West of the Principal Meridian, Pueblo County, Colorado (hereinafter referred to
<br />as "Property").
<br />To have and to hold the same, together with all and singular the p"rivileges 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 shall be made in or in case of violation or breach of any of the terms, conditions, covenants or
<br />agreements contained in the Contract, the beneficiary hereunder may declare a violation of any of the
<br />covenants contained in the Contract and elect to advertise said Property 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 election and demand for sale, the Pug~~c TRUSTEE shall cause a copy`of the same ta be
<br />recorded in the recorder's office of the county in which said Property is situated, it shall and may be
<br />lawful for the PuBUC TRUSZEE to sell and dispose of tfie same (en masse or in separate parcels, as
<br />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 PuBUC 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 publisfied 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~aNTOR 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 />notice shall be mailed to the county seat, and to make and give to the purchaser of the Property at
<br />such sale, a certificate in writing describing the Property purchased, and the sum paid therefor, and
<br />the time when the purchaser (or other person entitled thereto) shall be entitled to the deed therefor,
<br />Attachment 5 to Contract C153797 Amendment No. 1
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