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. 1111111111111111111111111111 <br />4_5 <br />I <br />IIIII11111111111111113:4 Weld County, CC <br />3717453 0910912010 03.48P <br />- i of � R 21 QO p 0.00 Steve Moreno Clerk &Recorder <br />Deed of Trust <br />DATE: October 27, 2008 <br />GRANTOR: OGILVY AUGMENTATION COMPANY <br />BENEFICIARY: COLORADO WATER CONSERVATION BOARD <br />COUNTY: WELD <br />PRINCIP kL LOAN AMOUNT: $523,584 <br />LOAN CONTRACT: Loan Contract No. C150273, dated October 27, 2008 <br />TERM 3 OF REPAYMENT: 2.5% per annum for 30 years <br />COLLATERAL: An undivided one - hundred percent interest in 6 shares of stock In <br />the Greeley Irrigation Company, as evidenced by certificate <br />numbers 3321, 3331, 3332, and 3341, the shares representing <br />Grantor's pro rate interest in the following Greeley Canal No. 3 <br />direct flow water rights 1) 52.0 cfs, appropriation date 4/1/1870; 2) <br />41.0 cfs, appropriation date 10/1/1871; 3) 63.13 cfs, appropriation <br />date 7/15/1872; 4) 16.67 cis, appropriation date 5/15/1873; and <br />the following Fossil Creek Reservoir storage water rights 1) 12,051 <br />acre -feet, appropriation date 3/5/1901; 2) 1,545 acre -feet, <br />appropriation date 6/1/1904; and 3) 12,052 acre -feet, <br />appropriation date 3/5/1901, all adjudicated under Case No. <br />CA320, District Court, Larimer County. Water rights are diverted <br />from the Cache La Poudre River in the NW1 /4 of the SE1 /4 of <br />Section 32, Township 6 North, Range 66 West of the a P.M., <br />Weld County, Colorado. <br />T1 ils indenture is between the Grantor, and the Public Trustee of the above referenced <br />COUNTY, State of Colorado ( "PUBLIC TRUSTEE "), <br />FACTUAL RECITALS <br />1. The GAANTOR has executed a Promissory Note of even date and amount, set forth in the <br />LOAN CONTRACT, for a loan in the PRINCIPAL LOAN AMOUNT to be repaid to the BENEFICIARY, <br />with ERMS OF REPAYMENT and in accordance with the Promissory Note or until loan is paid <br />in full <br />2. The RANTOR is desirous of securing payment of the PRINCIPAL LOAN AMOUNT and interest of <br />said romissory Note to the BENEFICIARY. <br />T e GRANTOR, in consideration of the premises and for the purpose aforesaid, does <br />hereby ant, bargain, sell and convey unto the said PUBLIC TRUSTEE in trust forever, the above <br />describe COLLATERAL. <br />that in <br />interest <br />Promise <br />have and to hold the same, together with all appurtenances, in trust nevertheless, <br />se of default in the payment of said Promissory Note, or any part thereof, or the <br />Hereon, or in the performance of any covenants hereinafter set forth or in said <br />y Note or LOAN CONTRACT, then upon the BENEFICIARY filing notice of election and <br />Appendix 5 to Loan Contract C150273 <br />Page 1 of 3 <br />