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t .
<br />Recorded at
<br />Reception N
<br />o'clock M
<br />DEED OF TRUST
<br />THIS INDENTURE, Made this day of August '19 9t
<br />between CARYL R. CARROLL
<br />corder
<br />whose address is P.O. Box 219
<br />Cocoa, FL 32923 -0219
<br />hereinafter referred to as grantor, and the Public Trustee of the 'County of
<br />RIO BLANCO , State of Colorado, hereinafter referred to as Public Trustee,
<br />WITNESSETH, THAT, WHEREAS,
<br />CARYL R. CARROLL
<br />has executed a promissory note or notes, hereinafter referred to in the singular, hearing even date herewith, for the principal sum of Fif ty
<br />Thousand------------------------------------------------ - - - - -- Dollars, payable to the order of
<br />STATE of COLORADO for the USE dt BENEFIT of the COLORADO WATER CONSERVATION BOARD
<br />whose address is 1313 Sherman Street, Room 721
<br />Denver, CO 80203
<br />after the date hereof, with interest thereon from the date thereof
<br />at the rate of two percent per annum, payable annual installments of principal and
<br />interest over twenty (20) years.
<br />AND WHEREAS, The grantor is desirous of securing payment of the principal and interest of said promissory note in whose hands soever the said
<br />note or any of them may be.
<br />NOW, THEREFORE, The grantor, in consideration of the premises and for the purpose aforesaid, does hereby grant, bargain, sell and convey unto
<br />the said Public Trustee in trust forever, the following described property, situate in the County of
<br />RIO BLANCO State of Colorado, to wit:
<br />BORROWEA"S. intgr'est in 703.9 acre -feet of water rights adjudicated to the DD&E
<br />Reservoir,•,4egreed as follows: an undivided 200.4 acre -feet adjudicated
<br />,1'0 /26 /1931s,'pria'rtt -y; 43A, and an undivided 503.5 acre -feet adjudicated 9/01/,196,
<br />priority'T, a'II of which is located in S2 6 S3, T2N R92W 6PM, Rio Blanco
<br />County.
<br />also known by street and number as
<br />TO HAVE AND TO HOLD the same, together with all and singularthe privileges and appurtenances thereunto belonging: In Trust nevertheless, ihal in
<br />case of default in the payment of said note orany of them, or any part thereof, or in the payment of the interest thereon, according to the tenor and effect of said
<br />note or any of them, or in the payment of any prior encumbrances, principal or interest, if any, or in case default shall be made in or in case of violation
<br />or breach of any of the terms, conditions, convenants or agreements herein contained, the beneficiary hereunder or the legal holder of the indebtedness
<br />secured Hereby may declare a violation of any of the covenants herein contained and elect to advertise said property for sale and demand such sale, then,
<br />upon filing notice of such election and demand for sale with the Public Trustee, who shall upon receipt of such notice of election and demand for sale cause a
<br />copy of the same to be recorded in the recorder's office of the county in which said real estate 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 best), and all the right, title and interest of the
<br />grantor, his heirs or assigns therein, at public auction at such time and at such location as shall be designated in the Public Trustee's Notice of Sale, fbr the
<br />highest and best price the same will bring in cash, four weeks public notice having been previously given of the time and place of such salb, by
<br />advertisement, weekly, in some newspaper of general circulation at that time published in said County of RIO BLANCO a copy of
<br />which notice shall be mailed within ten days from the date of the first publication thereof to the grantor at the address herein given and to such person or
<br />persons appearing to have acquired a subsequent record interest in said real estate at the address given in the recorded instrument; where only the county
<br />and state is given as the address then such notice shall be mailed to the county seat, and to make and give to the purchaser or purchasers of such property at
<br />such sale, a certificate or certificates in writing describing such property purchased, and the sum or sums paid therefor, and the time when the purchaser or
<br />purchasers (or other person entitled thereto) shall be entitled to a deed or deeds therefor, unless the same shall be redeemed as is provided by law; and said
<br />Public Trustee shall, upon demand by the person or persons holding the said certificate or certificates 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 made, the time for redemption having expired, make
<br />and execute to such person or persons a deed or deeds to the said property purchased, which said deed or deeds shall be in the ordinary form of a
<br />conveyance, and shall be signed, acknowledged and delivered by the said Public Trustee and shall convey and quitclaim to such person or persons entitled
<br />to such deed, the said property purchased as aforesaid and all the fight, title, interest, benefit and equity of redemption of the grantor, his heirs add assigns
<br />therein, and shall recite the sum or sums for which the said property was sold and shall refer to the power of sale therein contained, and to the sale or sales
<br />made by virtue thereof; and in case of an assignment of such certificate or certificates of purchase, or in case of the redemption of such property, by a
<br />subsequent encumbrancer, such assignment or redemption shall also be referred to in such deed or deeds; but the notice of sale need not be set out in such
<br />deed or deeds and the Public Trustee shall, out of the proceeds or avails of such sale, after first paying and retaining all fees, charges and costs ofmaking
<br />said sale, pay to the beneficiary hereunder or the legal holder of said note the principal and interest due on said note according to the tenor and effect
<br />thereof, and all moneys advanced by such beneficiary or legal holder of said note for insurance, taxes and assessments, with interest thereon
<br />at five percent per annum, rendering the merplus, if any, unto the grantor, his legal representatives or assigns; which sale or sales and said deed
<br />or deeds so made shall be a perpetual bar, bah in law and equity, against the grantor, his heirs and assigns, and all other persons claiming the said property,
<br />or any part thereof, by, from, through or under the grantor, or any of them. The holder or holders of said note or notes may purchase said property or any
<br />pan thereof; and it shall not be obligatory upon the purchaser or purchasers at any such sale to see to the application of the purchase money. If a release deed
<br />be required, it is agreed that the grantor, his heirs or assigm, will pay the expense thereof.
<br />'If in Denver, insert "City and.
<br />No. 3416. Rev. 12 -85. DEED OF TRUST (Public Trutee) Without Due on Sale Clause O
<br />Bradford Publishing. 1743 Wazce St.. Denver, C080202—(303)292-2500— 3-90
<br />APPENDIX A
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