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^:.xdedat o'clock— M., I�'b� �
<br />Reception No. Recor�.r i� GU
<br />I 1 1 �J � y �i1►�1
<br />THIS INDENTURE, Made this day oF February , �9 94 , between
<br />BEAVER PARK WATER, INC., a Colorado non-profit corporation
<br />whoseadaress;s P.O. Box 286, Penrose, Colorado 81240
<br />r� ��',� ��
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<br />;'-�. r'G� P`a� � `yQ�
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<br />6ereinafter referred to as grantor, and the Public'IYustee of the 'County of � �, P U�,,'"
<br />FT 2mo rit , State of Colorado, hereivaRer referred ro as Public Tivstee, n`T `�hG�� aT`d�� t�
<br />WITNESSETH,THnT,WHEREAS, Grantor ���i��,aP��th(j�j'���i,�C�o
<br />�.d'«
<br />has executed a promissory noce or notes, hereinafter referted to in the singutar, dated February 1994 , for the
<br />principa�sumof Seventy Five Thousand ($75,000) ---------------- �-------------- Douars,
<br />payablecocheorderof State of Colorado for the use and benefit of the Department of
<br />�7atural Resources (Water Conservation Board)
<br />whoseaddressis Director, Colorado Water Conservation Board, 721 State Centennial Build:
<br />1313 Sherman Street, Denver� COloTaclO 80203 aftert6edatchereof,withinterestthereonfromthedatethereof
<br />atsherateot 3.5 percentperamum;payable in ten (10) equal annual installments of
<br />approximately NIne Thousand Eiqhteen Dollars and Ten Cents ($9,018.10) each,
<br />AND W HEREAS, [he grantor is desirous of securing payment of the principal and interest of said promissory note in whose hands scever the said
<br />note may be.
<br />NOW THEREFORE, the grantor, in consideration of the premises and for the purpose aforesaid, dces hereby grant, bargain, sell and comey unto
<br />ihe seid Public Trustce in trust forever, the following described properiy, situate in the County of
<br />Fremont , State of Cdorado, to wit:
<br />See Exhibit A
<br />648732 B-1250 P-472 06/10/96 12�OOP PG 1 OF 3 REC DOC
<br />NORMA FiATFIELD FREMONT COUN7Y, COLORADO 16.00
<br />also Icnown by strat and number as N/A .
<br />TO HAVE AND TO HOLD the same, together with all end singular t6e privileges and eppurtenances Wereunto belongn8: In wst nevertheless, that
<br />in csse of default in the payment of said mte or any pert thereof, or in the payment of the interest thereon aocording to the tenor and effect of said noce, a in
<br />t6e payment of any prior encumbrances, principal or interest, if any, or in cese default shall be made in or in case of violation or breach of any of the terms,
<br />mnditions, covenants or agreemenu 6erein conteined, the beneficiary hereunder m t6e legal 6dder of the indebtedness secured hereby maY declare a
<br />violation of any of t6e covenaets herein contaioed aad may elect to advertiae said proper[y for sale, and demand such sala by filing a mtice of election and
<br />demand for sale wiffi the Public Tnrstee. Upon receipt of such notice of elec[ion and demend for sale, the Public Ttustee shall cause a copy of tAe same to be
<br />recorded in the recorder's otfice of the courty in which said property is situated.'Ihe Public'liustee shall then �ve public notice of the time aed place of sale
<br />by advertisemmt to be �blished for four wceks (once each wak for Sve suoasaiw waks) in some newspapet of general circWation at that time pubGs6ed
<br />in the county or counties in which said property is located. A cupy of such notice ahall be maikd within ten days efter the date of the first pubGcation thereof
<br />to the �aator at We address Aven herein, to suc6 pe�sons appearingto have acquired a subsequent rawrd intenst ia said proper[y al the eddress Bven in the
<br />recorded iosWment, and to any other persons as may be provided by law. It s6a11 and may then be lawfut for t6e Public Trustee to sell said property for the
<br />highest and best price the same will bring in cash and to diapose of t6e same (en masse or in separate paccels, as the said Public Trustee may tivnk best),
<br />together with all t6e rig6t, tide and interest of the grantor therein, at pubGc auction at any place as may be specified by statute end designated in the notice of
<br />sale. The Pubiic'[tvstee shall make ead give to the �rchaur of such propecty at such sale, a certificate in writing conteining a description of such property
<br />purchased; the sum paid therefor, a statement that said purc6aser shall be entiUed W a dxd t6erefor, unkas t6e aame shall be redeemed es is provided�by
<br />law; aed in the event of a continuance of the sale, a recitel that the sale was duly continued. The Public 7lvatee shelt, upon demand by the penon holding the
<br />said certi5cate of purchase, when seid demand is made or upon demand by the person entifled to a dad to end for t�e property pwchaeed rt t6e time auch
<br />demaad ia mpde, the time for redemption having e�cpired, make end enecute to such pe�soe a deed to the seid property purchesed. Said deed eha11 be in We
<br />ordinary fmm of s comeyance, end shall be sig�ed, acknowledged and delivered by the seid Public 7ivstee and shall con6rm the forecloaure mk e� sell aod
<br />wnvey to such peison eotitkd to such dced, the property purchased as aforesaid and all the ri�ht, tiUe, interest, benefit and equity of redemption of the
<br />graMOr t6orein. 'I'he PubGe 7iushe shall, out oft6e proceeds or avails of such salq after first paymg and retaining all fees, charges and costs of makiny said
<br />sak, pay to tlu beee6dary Iferounder or the legal holder of said eote, the principal and interest due oo said note according to t6e teeor and effect thereof, end
<br />all moeeys advanced by such bene5ciary or legal holder of said note for insurance, taxes and assessmeets, with interest thereon at E lght �. �nt per
<br />annum, rendering t6e ovelplus, if any, unto those persons entiUed t6ereto as a matter of Iaw. Said sale and said deed so made shall be a perpetual bar, both in
<br />law and equity, against the �antor and all other persons claiming the said property, or any part thereof, by, from, through or under the grantoc The holder of
<br />said oote roay purohase said property or any part thereoF, and it shall not be obligatory upon the purchaser at any such sale to see to the application of the
<br />purchase money.
<br />`If in Denver, insert "City and".
<br />NO. 341A. R¢v. 12-92. DEED OF TRUST (Public 7lnetee) With Due oa S�k Cl�uae m
<br />@rallord Pubtifhing, 1743 Wazee St., Deover, CO 89202 —(303) 292-2500 — 8-93
<br />��
<br />NOT
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