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• <br />. <br />271477 <br />4/20/11 2:52 PM B: 425 P: 0295 <br />` Karen Garcia Costilla County Recorder Page 1 of 3 <br />::;�ti DT Rec Fee : 21 . 0� DocFee :$0 . 00 <br />d. ���� �i ��1Q�'l���'�5��1��� �� �� �� ����'�� �"� 1� �� � <br />Deed of Trust <br />DATE March 21, 2011 <br />GRANTOR: TRINCHERA IRRIGATION COMPANY <br />BENEFICIARY: COLORADO WATER CONSERVATION BOARD <br />COUNTY: COSTILLA <br />PRINCIPAL LOAN AMOUNT: $25'I ,793 <br />Lonrv Co�cT: Loan Contract No. C150316, dated March 21, 2011 <br />TERMS OF REPAYMENT 2.75% per annum for 30 years <br />CouA�w��: An undivided one-hundred percent interest in the following water <br />rights: Garland Ditch No. 2, Priority 39, for 51 cfs, frorr� Sangre De <br />Cristo Creek, bcated in Sections 17 & 18 of Township 30 South <br />Range 72 West in District 35, appropriation date of 10/31 /1887, <br />and decretal order dated 12/15/1899; and Garland Ditch No. 2, <br />Priority 71,for 123 �fs, from Sangre De Cristo Creek, located in <br />Sections 17 & 18 of Township 30 South Range 72 West in District <br />35, appropriation date of 7/11/1908, and decretal order dated <br />1/4/1915. <br />This indenture is beiw+een the Grantor, and the Public Trustee of the above referencsd <br />Counmr, State of Colorado ( ° PUBUC TRUSTEE <br />FACTUAL RECITALS <br />1. The Gwwrott has executed a Promissory Note of even date and amount, set forth in the <br />LOAN CONTRACT, fOP 8 I08� 111 th@ PRINCIPAL LOAN AMOUNT t0 b@ P�p81d t0 tF1@ BENEFICIARY, <br />with TE�s oF REPA�Nr and in accordance wwithh the Promissory Note or urit� ban is paid <br />in fulL <br />2. The Gw�NTOtt is desirous of securing payment of the PRiNCiPn� Lo�w An�our� and interest of <br />said Promissory Note to the BENEF�cin�r. <br />The GwanrroR, in consideratan of the premises and for the purpose aforesaid, does <br />hereby grant, bargain, sell and convey unto the said Pus�ic TRUS�E in trust forever, the above <br />described Co��rERn�. <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 Lo�rv Co�cT, then upon the BENEFicwrtY filing notic� of election and <br />demand for sale SaICI PUBLIC TRUSTEE after advertising notice of said sale weeky for not less <br />than four weeks in some newspaper of general arcu�tion in said Counrnr, shall sell said <br />Cou.nTERa� 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 />Appendix 5 to Loan Contract C150316 <br />Page 1 of 3 <br />