|
_ RECEPTION NO. F0553595 16.00 PG: 0001 -003
<br />215 RECORDED IN JEFFERSON COUNTY, COLORADO 2/10/48 8:22:38
<br />Deed of Trust
<br />Ra This indenture, made this %o day of 6roUg t 1997, between the Town of
<br />Morrison, whose address is P.O. Box 95, Morrison, Colorado 80465, hereinafter referred to as GRANTOR,
<br />and the Public Trustee of the County of Jefferson, State of Colorado, hereinafter referred to as PUBLIC
<br />TRUSTEE, I
<br />Witnesseth, that whereas, GRANTOR has executed a promissory note, which is a part of Contract
<br />#C153773 (the Contract) for a loan in the principal sum of $504,000 to be repaid to the STATE OF
<br />COLORADO or the use and benefit of the Department of Natural Resources, Water Conservation Board,
<br />whose address is 1313 Sherman Street, Room 721, Denver, Colorado 80203, with interest thereon from
<br />the date of first disbursement of funds under the Contract at the effective interest rate of 5% per annum,
<br />payable in 30 annual installments, in accordance with the terms of the Promissory Note, or until the loan
<br />is paid in full. CgNCTRUST8E
<br />And whereas, the GRANTOR is desirous of securing payment of the princi and IMt of said
<br />promissory note to the State of Colorado. 142013
<br />JEFFFRS r/
<br />Now, therefore, the GRANTOR, in consideration of the premises and fo 0 a�resaid,
<br />does hereby grant, bargain, sell and convey unto the said PUBLIC TRUSTEE in trust o t wit: An
<br />undivided one hundred percent (100 %) interest in the GRANTOR's raw water intake, grit removal chamber,
<br />approximately 850 linear feet of raw water pipeline, and intake connection, located within and along Bear
<br />Creek in the Southwest Quarter of Section 35, Township 4 South, Range 70 West, 6th PM, in and
<br />immediately west of the Town of Morrison, Colorado, (collectively or hereinafter referred to as the
<br />"Property ").
<br />To have and to hold the same, together with all and singular the privileges and appurtenances
<br />thereunto belonging: In Trust nevertheless, that in case of default in the payment of said note, or any part
<br />thereof, or in the payment of the interest thereon, according to the tenor and effect of said note or in the
<br />payment of any prior encumbrances, principal or interest, if any, or in case default shall be made in or in
<br />case of violation or breach of any of the terms, conditions, covenants or agreements contained in the
<br />Contract, the beneficiary hereunder may declare a violation of any of the covenants contained in the
<br />Contract and elect to advertise said Property for sale, and demand such sale by filing a notice of such
<br />election and demand for sale with the PUBLIC TRUSTEE. Upon receipt of such notice of election and
<br />demand for sale, the PUBLIC TRUSTEE shall cause a copy of the same to be recorded in the recorder's
<br />office of the county in which said Property is situated, it shall and may be lawful for the PUBLIC TRUSTEE to
<br />sell and dispose of the same (en masse or in separate parcels, as the said PUBLIC TRUSTEE may think
<br />best), and all the right, title and interest of the GRANTOR, its successors or assigns therein, at public
<br />auction at such time and at such location as shall be designated in the PUBLIC TRUSTEE's Notice of Sale,
<br />for the highest and best price the same will bring in cash, four weeks public notice having been previously
<br />given of the time and place of such sale, advertisement once each week for five consecutive weeks, in
<br />some newspaper of general circulation at that time published in said county, a copy of which notice shall
<br />be mailed within ten days from the date of the first publication thereof to the GRANTOR at the address
<br />herein given and to such person or persons appearing to have acquired a subsequent record interest in
<br />said Property at the address given in the recorded instrument; where only the county and state is given as
<br />the address then such notice shall be mailed to the county seat, and to make and give to the purchaser of
<br />the Property at such sale, a certificate in writing describing the Property purchased, and the sum paid
<br />therefor, and the time when the purchaser (or other person entitled thereto) shall be entitled to the deed
<br />therefor, unless the same shall be redeemed as is provided by law; and said PUBLIC TRUSTEE shall, upon
<br />demand by the person holding the said certificate of purchase, when said demand is made, or upon
<br />demand by the person entitled to a deed to and for the Property purchased, at the time such demand is
<br />made, the time for redemption having expired, make and execute to such person a deed to the Property
<br />purchased, which said deed shall be in the ordinary form of a conveyance, and shall be signed,
<br />acknowledged and delivered by the said PUBLIC TRUSTEE and shall convey and quitclaim to such person
<br />Appendix 5 to Contract #C153773 k/ �a
<br />
|