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�' 1 <br />99033y22 - 04/19�gy ��� T R. MURRp,Y DOUGLAS C0. CQLQ. CLERK & RECORDER � <br />B1695 - P1428 - $15.Q0 - 1/ 3 <br />�"� � Z Deed of Trust �99033922 <br />N01t CAl�LLEp <br />This inden 11�E9#��� day of �'"1 A�i(i � 1999, between the Chatfield South Water <br />District, a quasi-municipal corporation, whose address is P. O. Box 474, Littleton, Colorado 80160-0474, <br />hereinafter referred to as GwarvTOR, and the Public Trustee of the County of Douglas, State of Colorado, <br />hereinafter referred to as Pue�ic TRUSreE, <br />WitneSSeth that whereas G�rvroR has executed a Promissory Note, which is a part of Loan <br />Contract No. C153837 (the Contract), for a loan in the principal sum of $500,000.00 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, with interest thereon from the date of first <br />disbursement of funds under the Contract payable in 20 annual installments, in accordance with the terms of the <br />Promissory Note, or until loan is paid in full. <br />And whereas the GRarvTOR is desirous of securing payment of the principal and interest of said <br />promissory note to the State of Colorado. <br />Now, therefore, the Gtz�NTOR, in consideration of the premises and for the purpose aforesaid, does <br />hereby grant, bargain, sell and convey unto the said Pue�ic TRUSrEE in trust forever, to wit: : 23.54 acre-feet of <br />Antero Reservoir water, evidenced by Account No. 002430 on the records of the Denver Water Department and by <br />Antero Reservoir Certificate No. 1037, and 27.39 acre-rights of High Line Canal water, evidenced by Account No. <br />008940 on the records of the Denver Water Department, (collectively or hereinafter referred to as the "Property"). <br />To have and to hold the same, together with all and singular the privileges and appurtenances <br />thereunto belonging: In Trust nevertheless, that in case of default in the payment of said note, or any part thereof, <br />or in the payment of the interest thereon, according to the tenor and effect of said note or in the payment of any <br />prior encumbrances, principal or interest, if any, or in case default shall be made in or in case of violation or breach <br />or any of the terms, conditions, covenants or agreements contained in the Contract, the beneficiary hereunder may <br />:.'��'�r� a violation of any of the covenants contained in the Contract and elect to advertise said Property for sale, <br />and demand such sale by filing a notice of such election and demand for sale with the Pueuc TRUSrEe. Upon <br />receipt of such notice of election and demand for sale, the Pusuc TRUSTeE shall cause a copy of the same to be <br />recorded in the recorder's office of the county in which said Property is situated, it shall and may be lawful for the <br />Pueuc TRUSree to sell and dispose of the same (en masse or in separate parcels, as the said Pusuc TRUSree <br />may think best), and all the right, title and interest of the G�r�roR, its successors or assigns therein, at public <br />auction at such time and at such location as shall be designated in the Pueuc TRUSTEE's Notice of Sale, for the <br />highest and best price the same will bring in cash, `four weeks public notice having been previously given of the <br />time and place of such sale, advertisement once each week for five consecutive weeks, in some newspaper of <br />general circulation at that time published in said County of Douglas, a copy of which notice shall be mailed within <br />ten days from the date of the first publication thereof to the GRa,rvTOR at the address herein given, to the Denver <br />Water Department Attn: Legal Division, 1600 West 12th Avenue, Denver, Colorado 80254, and to such person or <br />persons appearing to have acquired a subsequent record interest in said Property at the address given in the <br />recorded instnament; where only the county and state is given as the address then such notice shall be mailed to <br />the county seat, and to make and give to the purchaser of the Property at such sale, a cer�ifi��ate in writing <br />describing the Property purchased, and the sum paid therefor, and the time when the purchaser (or other person <br />entitled thereto) shall be entitled to the deed therefor, unless the same shall be redeemed as is provided by law; <br />and said Pueuc TRUSrEe shall, upon demand by the person holding the said certificate of purchase, when said <br />demand is made, or upon demand by the person entitled to a deed to and for the Property purchased, at the time <br />such demand is made, the time for redemption having expired, make and execute to such person a deed to the <br />Property purchased, which said deed shall be in the ordinary form of a conveyance, and shall be signed, <br />acknowledged and delivered by the said Pusuc TRUSrEE and shall convey and quitclaim to such person entitled to <br />such deed, the Property purchased as aforesaid and all the right, title, interest, benefit and equity of redemption of <br />the GRaNTOR, its successors and assigns made therein, and shall recite the sum for which the said Property was <br />sold and shall refer to the power of sale therein contained, and to the sale made by virtue thereof; and in case of <br />an assignment of such certificate of purchase, or in case of the redemption of the Property, by a subsequent <br />encumbrancer, such assignment or redemption shall also be referred to in such deed; but the notice of sale need <br />not be set out in such deed and the Pusuc TRUSrEE shall, out of the proceeds or avails of such sale, after first <br />p-y�ng and retairing afl fees, charges and costs of making said sale, pay to the beneficiary hereunder the principal <br />G;�:d interest due on said note according to the tenor and effect thereof, and all moneys advanced by such <br />beneficiary or legal holder of said note for insurance, taxes and assessments, with interest thereon at ten per cent <br />per annum, rendering the surplus, if any, unto the GwarvTOR, its legal representatives or assigns; which sale and <br />Appendix C(1) to Loan Contract C153837 <br />.;. <br />� <br />