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<br />{11111 I1111I111 I{II1III111II NIII1I[If 111111 NI tfll1NIII111II
<br />3717454 09/09/2010 03:48P Weld County, CO
<br />1 of 3 R 21.00 0 0.00 Steve Moreno Clerk $ Recorder
<br />This indenture is between the Grantor, and the Public Trustee of the above referenced
<br />COUNTY, State of Colorado CPUBLIC TRUSTEE'),
<br />FACTUAL RECITALS
<br />3. The GRANTOR 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 TERMS OF REPAYMENT and in accordance with the Promissory Note or until loan is paid
<br />in full.
<br />4. The GRANTOR is desirous of securing payment of the PRINCIPAL LOAN AMOUNT and interest of
<br />said Promissory Note to the BENEFICIARY.
<br />The GRANTOR, in consideration of the premises and for the purpose aforesaid, does
<br />hereby grant, bargain, sell and convey unto the said PUBLIC TRUSTEE in trust forever, the above
<br />described COLLATERAL.
<br />To have and to hold the same, together with all appurtenances, in trust nevertheless,
<br />that in case of default in the payment of said Promissory Note, or any part thereof, or the
<br />interest thereon, or in the performance of any covenants hereinafter set forth or in said
<br />Promissory Note or LOAN CONTRACT, then upon the BENEFICIARY filing notice of election and
<br />demand for sale, said PUBLIC TRUSTEE, after advertising notice of said sale weekly for not less
<br />than four weeks in some newspaper of general circulation in said COUNTY, shall sell said
<br />COLLATERAL in the manner provided by law in effect at the time of filing said notice and demand,
<br />at public auction for cash, at any proper place designated in the notice of sale. Out of the
<br />Appendix 6 to Loan Contract C150273
<br />Page 1 of 3
<br />Deed of Trust
<br />DATE:
<br />October 27, 2008
<br />GRANTOR:
<br />OGILVY AUGMENTATION COMPANY
<br />BENEFICIARY:
<br />COLORADO WATER CONSERVATION BOARD
<br />COUNTY:
<br />WELD
<br />PRINCIPAL LOAN AMOUNT:
<br />$523,584
<br />LOAN CONTRACT:
<br />Loan Contract No. C150273, dated October 27, 2008
<br />TERMS OF REPAYMENT:
<br />2.5% per annum for 30 years
<br />COLLATERAL:
<br />An undivided one - hundred percent interest in all of the Grantor's
<br />rights and interest in the recharge facility located in the W1/2 of
<br />Section 10, Township 5 North, Range 64 West of the a P.M.,
<br />Weld County, Colorado, together with all improvements thereon,
<br />including but not limited to gates, ditches, canals, and all other
<br />structures and fixtures, and any easements, rights -of -way, or other
<br />property or property interests held and used in connection with the
<br />operation of said recharge facility; and the following monitoring
<br />devices: approximately 17 totalizing flow meters to be installed on
<br />each of Grantor's membership wells; approximately 15 parshall
<br />flumes with stilling well and Level TROLL 500 level sensor and
<br />dataloggers; and a single Rugged Reader unit for data collection.
<br />This indenture is between the Grantor, and the Public Trustee of the above referenced
<br />COUNTY, State of Colorado CPUBLIC TRUSTEE'),
<br />FACTUAL RECITALS
<br />3. The GRANTOR 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 TERMS OF REPAYMENT and in accordance with the Promissory Note or until loan is paid
<br />in full.
<br />4. The GRANTOR is desirous of securing payment of the PRINCIPAL LOAN AMOUNT and interest of
<br />said Promissory Note to the BENEFICIARY.
<br />The GRANTOR, in consideration of the premises and for the purpose aforesaid, does
<br />hereby grant, bargain, sell and convey unto the said PUBLIC TRUSTEE in trust forever, the above
<br />described COLLATERAL.
<br />To have and to hold the same, together with all appurtenances, in trust nevertheless,
<br />that in case of default in the payment of said Promissory Note, or any part thereof, or the
<br />interest thereon, or in the performance of any covenants hereinafter set forth or in said
<br />Promissory Note or LOAN CONTRACT, then upon the BENEFICIARY filing notice of election and
<br />demand for sale, said PUBLIC TRUSTEE, after advertising notice of said sale weekly for not less
<br />than four weeks in some newspaper of general circulation in said COUNTY, shall sell said
<br />COLLATERAL in the manner provided by law in effect at the time of filing said notice and demand,
<br />at public auction for cash, at any proper place designated in the notice of sale. Out of the
<br />Appendix 6 to Loan Contract C150273
<br />Page 1 of 3
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