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ry� ' 1111 <br />- s . � 111111111111111111111111111111111111111 <br />1 1111199 112 012002 04:06P Weld County, CO <br />099 .3017099 1212 <br />�" 1 of 4 R 21.00 D 0.00 J.A. "Sukl' Tsukamoto <br />RECEPTION #: 20130007728, 01/30/2013 at <br />09:00:54 AM, <br />1 OF 4, R $26.00 TD Pgs: 0 <br />Scott Doyle, Larimer County, CO <br />DEED OF TRUST <br />This indenture, made this 1St of February 2000, between the City of Greeley, Colorado, <br />whose address is 1000 10th Street, Greeley, Colorado 80631 hereinafter referred to as GRANTOR, <br />and the Public Trustee of the County of Weld, State of Colorado, hereinafter referred to as PUBLIC <br />TRUSTEE, <br />Witnesseth, that whereas, GRANTOR has executed a promissory note, dated February 1, <br />2000, set forth in Contract No. C153507, as amended ( "Contract") for a loan in the principal sum <br />of $1,095,156.00 to be repaid to the STATE OF COLORADO f h benefit of the <br />Department of Natural Resources, Water Conservation Board, whos 13 Sherman <br />Street, Room 721, Denver, Colorado 80203, with interest then a of first <br />disbursement of funds under the Contract at the interest rate of 5.0 able in <br />minimum annual installments of $78,045.00 for a term of 25 years, i the <br />Promissory Note, or until loan is paid in full. <br />And whereas, the GRANTOR is desirous of securing payment of the prirl'cirest <br />of said promissory note to the State of Colorado. <br />Now, therefore, the GRANTOR, in consideration of the premises and for th'Oose <br />aforesaid, does hereby grant, bargain, sell and convey unto the said PUBLIC TRUSTEE in trust <br />forever, to wit: an undivided one -half interest in and to all easements and rights -of -way <br />appurtenant thereto, all improvements thereon, and all other physical and legal features known <br />as Comanche Reservoir, together with all inlet and outlet structures, ditches, spillways, and <br />structures appurtenant thereto or used in connection therewith, as more completely described <br />on Attachment 1, (collectively or hereinafter referred to as the "Property "). <br />To have and to hold the same, together with all and singular the privileges and <br />appurtenances thereunto belonging: In Trust nevertheless, that in case of default in the payment of <br />said note, or any part thereof, or in the payment of the interest thereon, according to the tenor and <br />effect of said note or in the payment of any prior encumbrances, principal or interest, if any, or in case <br />default shall be made in or in case of violation or breach of any of the terms, conditions, covenants or <br />agreements contained in the Contract, the beneficiary hereunder may declare a violation of any of the <br />covenants contained in the Contract and elect to advertise said Property for sale, and demand such <br />sale by filing a notice of such election and demand for sale with the PUBLIC TRUSTEE. Upon receipt of <br />o such notice of election and demand for sale, the PUBLIC TRUSTEE shall cause a copy of the same to be <br />m recorded in the recorder's office of the county in which said Property is situated, it shall and may be <br />o lawful for the PUBLIC TRUSTEE to sell and dispose of the same (en masse or in separate parcels, as the <br />a said PUBLIC TRUSTEE may think best), and all the right, title and interest of the GRANTOR, its successors <br />wor assigns therein, at public auction at such time and at such location as shall be designated in the <br />z PUBLIC TRUSTEE's Notice of Sale, for the highest and best price the same will bring in cash, four weeks <br />0 o public notice having been previously given of the time and place of such sale, advertisement once <br />W 0 N each week for five consecutive weeks, in some newspaper of general circulation at that time published <br />3 in said County of Weld, a copy of which notice shall be mailed within ten days from the date of the first <br />0 a 0 publication thereof to the GRANTOR at the address herein given and to such person or persons <br />1 o d appearing to have acquired a subsequent record interest in said Property at the address given in the <br />0 o z recorded instrument; where only the county and state is given as the address then such notice shall be <br />o mailed to the county seat, and to make and give to the purchaser of the Property at such sale, a <br />certificate in writing describing the Property purchased, and the sum paid therefor, and the time when <br />w <br />Exhibit 2 to Loan Contract C153507 Amendment No. 2 <br />