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I <br />n <br />ON <br />r <br />C 153 7C?� 7J12:i_ <br />BOOK 2090 PAGE 357 <br />1690983 09:02 AM 08/04/94 <br />DEED OF TRUST MONIKA TODD CLK&REC MESA COUNTY CO <br />THIS INDENTURE, made this /0 day of November, 1993, between <br />Ute Water Conservancy District, whose address is P.O. Box 460, <br />Grand Junction, CO 81502 -0460, hereinafter referred to as "First <br />Party ", and the Public Trustee of Mesa County, State of Colorado, <br />hereinafter referred to as "Second Party ", WITNESSETH: <br />THAT WHEREAS, The said First Party has entered into a Contract <br />(hereinafter designated "Contract ") witn the State of Colorado for <br />the use and benefit of the Department of Natural Resources <br />(Colorado Water Conservation Board) (hereinafter the "Beneficiary ") <br />bearing even date herewith, pursuant to which the First Party has <br />agreed to pay beneficiary the total principal sum of Four Hundred <br />Thousand Dollars ($400,000.00), with interest thereon at the rate <br />of five percent per annum, payable in constant annual installments <br />of $26,020.00 each for thirty years. <br />AND WHEREAS, The said First Party is desirous of securing the <br />payment of the principal and interest under the Contract. <br />NOW, THEREFORE, The said First Party, in consideration of the <br />premises, and for the purpose aforesaid, does hereby grant, <br />bargain, sell and convey unto the said Second Party, in trust <br />forever, the following described property situate in the County of <br />Mesa and State of Colorado, to -wit: <br />See Exhibit A, attached hereto and incorporated herein by <br />reference. <br />TO HAVE AND TO HOLD the same, together with all and singular <br />the privileges and appurtenances, thereunto belonging. <br />IN TRUST NEVERTHELESS, That, in case of any default hereunder <br />by First Party or its successors in interest, the Beneficiary may <br />file notice with Second Party declaring such default and an <br />election and demand that said property be advertised for sale and <br />sold, in accordance with the Colorado Statutes in such case made <br />and provided: and thereupon said Second Party shall sell and <br />dispose of said premises and all of the right, title and interest <br />of the said First Party of public auction at the front door of the <br />County Court House in the County of Mesa, State of Colorado, or on <br />said premises, four weeks' public notice having been previously <br />given of the time and place of such sale, by advertisement, weekly, <br />in some newspaper of general circulation at that time published in <br />said County. It is specifically agreed that time is of the essence <br />of this contract and if each and every stipulation, agreement, <br />condition and covenants of said Contract or of this Deed of Trust <br />Exhibit E <br />0\4� <br />