|
� ..�_��eGE C3CCU4"�NT
<br />r ���- �-. ,, ;;�; ,;�-�.��;;�,>s _� :,�
<br />- � >P L � c? '5' � _ � _ , ie r��7
<br />-� '
<br />'�3�;. ,� 2 - :�L �-� �. �����
<br />y ',
<br />Deed of Trust
<br />DaTE: September 15, 2008
<br />GRANTOR: HEADGATE 135 LATERAL, INC.
<br />BENEFICIARY: COLORADO WATER CONSERVATION BOARD
<br />COUNTY: MESA
<br />PRINCIPHL LOAN AMOUNT: $262,600
<br />LoaN CoNrwqcT: Loan Contract No. C150270, dated September 15, 2008
<br />TERMS OF REPAYMENT 3.5% per annum for 30 years
<br />CouA�Rn�: An undivided one-hundred percent interest in any rights to the
<br />Headgate 135 Lateral, inc. Ditch that the Grantor holds including
<br />approximately 4,800 feet of pipeline commencing at the diversion
<br />structure and headgate located in the SW % SE '/4 of Section 9,
<br />Township 1 S, Range 1 E, Mesa County, Colorado, diverted from
<br />the Colorado River by way of the Grand Valley Irrigation Canal,
<br />including any easements, rights-of-way, or othe� property or
<br />property interests held and used in conjunction with the access
<br />and operation of said ditch/pipeline.
<br />This indenture is between the Grantor, and the Public Trustee of the above �eferenced
<br />CouNN, State of Colorado ( "PUBLIC TRUSTEE
<br />FACTUAL RECITALS
<br />1. The Gr�vTOR has executed a Promissory Note of even date and amount, set forth in the
<br />LOAN CONTRACT, f0� 8 IDa� II7 th@ PRlNCIPAL LOAN AMOUNT t0 b@ �epald t0- tF1G' BENEFtCIARY,
<br />Wlth TERMS OF REPAYMENT alld In aCCOPdat1C2 Wl�h �h@ P(OI'1'lISS01'�/ NOt@ Of U�tll (Oatl IS pald
<br />in full.
<br />2. The G�nn'oR is desirous of securing payment of the PRiNC�PA� Lo�vv AnnourvT and interest of
<br />said Promissory Note to the BEwEFiciARY.
<br />The G�wTOR, in co�sideration of the premises and for the purpose aforesaid, does
<br />hereby grant, bargain, selt and convey unto the said PuBUC TRUSTEE in trust forever, the above
<br />described Co��aTEwa�.
<br />To have and to hold the same, together with all appurtenances, in trust nevertheless,
<br />that in case of default in the payment of said Promissory Note, or any part thereof, or the
<br />interest thereon, or in the perFormance of any covenants hereinafter set forth or in said
<br />Promissory Note or LoAN Cont'rwacr, then upon the BENEFiciaRY filing notice of election and
<br />demand for sale, said Puauc TRUS�E, after advertising notice of said sale weekly for not less
<br />than four weeks in some newspaper of generat circulation in said CouNrr, shall sell said
<br />Co��r��. in the manner provided by law in effect at the time of filing said notice and demand,
<br />at public auction for cash, at any proper place designated in the notice of sale. Out of the
<br />proceeds of said sale, the PuBUC TRUSTEE shall retain or pay first all fees, charges and costs
<br />and aA moneys advanced for taxes, insurance and assessments, or on any prior encumbrance,
<br />Appendix 5 to Loan Contract C15027�
<br />Page 1 of 3
<br />
|