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169481 DT
<br />05/24/2013 01:23 PM L. Nichols
<br />Page I of 3 R 21.00 D 0 T 21.00 Crowley Co
<br />11111111111111111111111111 I I I 1 1111111111111111111111111111111111111111111111111111111111111
<br />Deed of Trust
<br />DATE: April 23, 2013
<br />GRANTOR: ORDWAY FEEDYARD, LLC
<br />BENEFICIARY: COLORADO WATER CONSERVATION BOARD
<br />COUNTY: CROWLEY
<br />PRINCIPAL LOAN AMOUNT: 2,525,000
<br />LOAN CONTRACT: LOAN CONTRACT No. 0150349
<br />TERMS OF REPAYMENT: 1.75% per annum for 30 years
<br />COLLATERAL: An undivided interest in certain real property described as the Ordway
<br />Feedyard located on 616.56 acres of land approximately one (1) mile east of
<br />Ordway, along the south side of the Missouri Pacific Railroad and State
<br />Highway 96, in Crowley County, Colorado. Legally described as:
<br />372.35 acres of land out of Section 18, South of the Railroad, T21 S, R56W, 6th
<br />P.M., Crowley County.
<br />21.5 acres of land out of the E/2 of the E/2 of the E/2 of Section 24, T21 S,
<br />R57W, 6th P.M., Crowley County.
<br />155.71 acres of land out of the North Part of Section 19, T21 S, R56W, 6th P.M.,
<br />Crowley County.
<br />67.0 acres of land out of E/2 of the E/2 of Section 13, South of the Railroad,
<br />T21 S, R57W, 6" P.M., Crowley County, Colorado.
<br />Included are the necessary rights of ingress and egress therefor, as contained in
<br />the deeds of the owners of lands bordering on said parcel, together with all
<br />easements and rights -of way appurtenant thereto and all improvements thereon.
<br />This indenture is between the Grantor, and the Public Trustee of the above referenced COUNTY,
<br />State of Colorado ( "PUBLIC TRUSTEE "),
<br />FACTUAL RECITALS
<br />1. The GRANTOR has executed a PROMISSORY NOTE of even date and amount, set forth in the LOAN
<br />CONTRACT, for a loan in the PRINCIPAL LOAN AMOUNT to be repaid to the BENEFICIARY, with TERMS OF
<br />REPAYMENT and in accordance with the PROMISSORY NOTE or until loan is paid in full.
<br />2. The GRANTOR is desirous of securing payment of the PRINCIPAL LOAN AMOUNT and interest of said
<br />PROMISSORY NOTE to the BENEFICIARY.
<br />The GRANTOR, in consideration of the premises and for the purpose aforesaid, does hereby grant,
<br />bargain, sell and convey unto the said PUBLIC TRUSTEE in trust forever, the above described COLLATERAL.
<br />To have and to hold the same, together with all appurtenances, in trust nevertheless, that in case of
<br />default in the payment of said PROMISSORY NOTE, or any part thereof, or the interest thereon, or in the
<br />performance of any covenants hereinafter set forth or in said PROMISSORY NOTE or LOAN CONTRACT, then
<br />upon the BENEFICIARY filing notice of election and demand for sale, said PUBLIC TRUSTEE, after advertising
<br />notice of said sale weekly for not less than four weeks in some newspaper of general circulation in said
<br />Appendix 5 to Loan Contract C150349
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