|
Deed of Trust
<br />This indenture, made this day of 2009, between the Coon Creek Reservoir
<br />and Ditch Company, whose address is Box 145, Mesa, Colorado, 81643, hereinafter referred to as GwaNTOR, and the
<br />Public Trustee of the County of Mesa, State of Colorado, hereinafter referred to as PuauC TRUSTEE,
<br />Witnesseth, that whereas, GRa,rvTOR has executed a promissory note, set forth in Contract No. C153568,
<br />dated September 7, 1989, ("ContracY'), for a loan in the principal sum of $55,000.00, to be repaid to the STATE OF
<br />COLORADO for the use and benefit of the Department of Natural Resources, Water Conservation Board, whose
<br />address is 1313 Sherman Street, Room 721, Denver, Colorado 80203, payable in 25 annual installments, in
<br />accordance with said Promissory Note, or until loan is paid in full.
<br />And whereas, the Gw4NTOR is desirous of securing payment of the principal and interest of said Promissory
<br />Note to the State of Colorado.
<br />Now, therefore, the G-~NroR, in consideration of the premises and for the purpose aforesaid, does hereby
<br />grant, bargain, sell and convey unto the said Pusuc TRUSrEe in trust forever, to wit:
<br />An undivided fifty-percent (50°/a) interest in the following components of the Coon Creek Reservoirs No. 1
<br />and No. 2, located in Mesa County, Colorado:
<br />1. Coon Creek No. 1 Dam
<br />(a) 3970+ cubic yards of compacted earthfill on existing embankment
<br />(b) 800± square yards of riprap on the upstream side and placed between stations 50+00 to
<br />3+00
<br />(c) A toe drain system
<br />(d) 1350+ cubic yards of excavation of the spillway channel
<br />(e) 200+ cubic yards of embankment on the spiAway sides
<br />(f) 126+ square yards of rock erosion material in the spillway channel
<br />(g) 70+ linear feet of a new outlet channel
<br />(h) 28+ linear feet of 15-inch CMP with coupling and bar rack and concrete erosion pad for
<br />inlet to CMP
<br />(i) One concrete cutthroat flume, complete with erosion mat
<br />2. Coon Creek No. 2 Dam
<br />(a) 80+ cubic yards of excavation of the spillway channel
<br />(b) 20+ square yards of rock erosion bars at spillway inlet
<br />(c) Bar and concrete erosion pad at the inlet to the 15-inch CMP
<br />(d) One wooden Cipietti weir, complete with erosion mat,
<br />(Collectively or hereinafter referred to as the "Propert~l').
<br />To have and to hold the same, together with all and singular the privileges and appurtenances thereunto
<br />belonging: In Trust nevertheless, that in case of default in the payment of said note, or any part thereof, or in the
<br />payment of the interest thereon, according to the tenor and effect of said note or in the payment of any prior
<br />encumbrances, principal or interest, if any, or in case default shall be made in or in case of violation or breach of any
<br />of the terms, conditions, 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 sale, and demand
<br />such sale by filing a notice of such election and demand for sale with the PuB~iC TRUSTEE. Upon receipt of such
<br />notice of election and demand for sale, the PuB~iC TRUSTEE shall cause a copy of the same to be recorded in the
<br />recorder's o~ce of the county in which said Property is situated, it shall and may be lawFul for the PuB~ic TRUS7EE to
<br />sell and dispose of the same (en masse or in separate parcels, as the said PuBUC TRUSrEE may think best), and all
<br />the right, title and interest of the GwaNTOR, its successors or assigns therein, at public auction at such time and at
<br />such location as shall be designated in the PuBUC TRUSTEE's Notice of Sale, for the highest and best price the same
<br />will bring 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 at that time
<br />published in said County of Mesa, a copy of which notice shall be mailed within ten days from the date of the first
<br />publication thereof to the GwaNroR at the address herein given and to such person or persons appearing to have
<br />acquired a subsequent record interest in said Property at the address given in the recorded instrument; where only
<br />the county and state is given as the address then such notice shall be mailed to the county seat, and to make and
<br />
|