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Postage Paid Envelope Return Address is: <br /> State of Colorado - Colorado Water Conservation Board 21 leiaa�`r� <br /> Fi led for `` <br /> Record in <br /> Finance Section, 1580 Logan St. Suite 600, Denver, CO. 80203 RICO GRANDE <br /> CINDY HILL), RECORDER <br /> 05.-05--2014 At ft:f15 Fit ft. <br /> Deed of Trust DD °F MT 21 1:10 OF' Book 569 F'a9e 72 - 74 <br /> Instrument Beni; Po e <br /> • <br /> 201400421025 OR 569 7 <br /> DATE: DECEMBER 10,2013 <br /> GRANTOR: MCDONALD DITCH COMPANY,A MUTUAL DITCH COMPANY <br /> • BENEFICIARY: COLORADO WATER CONSERVATION BOARD <br /> COUNTY: Rio GRANDE <br /> PRINCIPAL LOAN AMOUNT: $101,000 <br /> LOAN CONTRACT: Loan Contract No. C150334 <br /> TERMS OF REPAYMENT: 2.50% per annum for 20 years <br /> COLLATERAL: An undivided one-hundred percent interest in the McDonald Ditch diversion <br /> dam, headgate structure and pipeline located in the SE %of the SE 'A of <br /> Section 6 , Township 39 North, Range 7 East of the New Mexico Meridian <br /> and the McDonald Ditch pipeline running from the headgate located in.the <br /> SE '/4 of the SE 'A of Section 6 , Township 39 North, Range 7 East of the <br /> New Mexico Meridian to the start of the McDonald ditch located in the SW <br /> %4 of the SW% of Section 5, Township 39 North, Range 7 East of the New <br /> Mexico Meridian. <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 CONTRACT, <br /> for a loan in the PRINCIPAL LOAN AMOUNT to be repaid to the BENEFICIARY, with TERMS OF REPAYMENT and <br /> 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 upon <br /> the BENEFICIARY filing notice of election and demand for sale, said PUBLIC TRUSTEE, after advertising notice of <br /> said sale weekly for not less than four weeks in some newspaper of general circulation in said COUNTY, shall <br /> sell said COLLATERAL in the manner provided by law in effect at the time of filing said notice and demand, at <br /> public auction for cash, at any proper place designated in the notice of sale. Out of the proceeds of said sale, <br /> the PUBLIC TRUSTEE shall retain or pay first all fees, charges and costs and all moneys advanced for taxes, <br /> insurance and assessments, or on any prior encumbrance, with interest thereon and pay the principal and <br /> interest due on said Promissory Note, rendering the overplus, if any, unto the GRANTOR; and after the <br /> expiration of the time of redemption, the PUBLIC TRUSTEE shall execute and deliver to the purchaser a deed to <br /> the COLLATERAL sold. The BENEFICIARY may purchase said COLLATERAL or any part thereof at such sale. <br /> The GRANTOR covenants that at the time of the delivery of these presents, it is well seized of the <br /> COLLATERAL in fee simple, and has full power and lawful authority to grant, bargain, sell and convey the same <br /> in the manner and form as aforesaid. The GRANTOR fully waives and releases all rights and claims it may have <br /> in or to said COLLATERAL as a Homestead Exemption or other exemption, now or hereafter provided by law. <br /> The GRANTOR further covenants that the collateral is free and clear of all liens and encumbrances whatever <br /> and that the GRANTOR shall warrant and forever defend the COLLATERAL in the quiet and peaceable possession <br /> of the PUBLIC TRUSTEE, its successors and assigns, against all and every person or persons lawfully claiming <br /> Appendix 5 to Loan Contract C150334 <br /> Page 1 of 3 <br />