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<br /> • RECEPTION#:2014000049367,
<br /> 07/28/2014 at 0210:09 PM,1 OF 3,
<br /> TD Pgs:0 Doc Type DT
<br /> Karen Long,Adams County,CO
<br /> Deed of Trust
<br /> DATE: January 25, 2014
<br /> GRANTOR: WADLEY FARMS, FILING No. 3 HOMEOWNER'S ASSOCIATION,A COLORADO
<br /> CORPORATION
<br /> BENEFICIARY: COLORADO WATER CONSERVATION BOARD
<br /> COUNTY: ADAMS
<br /> PRINCIPAL LOAN AMOUNT: $727,200
<br /> LOAN CONTRACT: Loan Contract No. C150379
<br /> TERMS OF REPAYMENT: 3.0% per annum for 30 years
<br /> COLLATERAL: An undivided one-hundred percent (100%) interest in Water Rights consisting of
<br /> two (2) shares in the Farmers High Line Canal and Reservoir Company, stock
<br /> certificate number 5906.
<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 in
<br /> 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 sell
<br /> said COLLATERAL in the manner provided by law in effect at the time of filing said notice and demand, at public
<br /> auction for cash, at any proper place designated in the notice of sale. Out of the proceeds of said sale, the
<br /> PUBLIC TRUSTEE shall retain or pay first all fees, charges and costs and all moneys advanced for taxes, insurance
<br /> and assessments, or on any prior encumbrance, with interest thereon and pay the principal and interest due on
<br /> said PROMISSORY NOTE, rendering the over plus, if any, unto the GRANTOR; and after the expiration of the time of
<br /> redemption, the PUBLIC TRUSTEE shall execute and deliver to the purchaser a deed to the COLLATERAL sold. The
<br /> 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 in
<br /> the manner and form as aforesaid. The GRANTOR fully waives and releases all rights and claims it may have in
<br /> or to said COLLATERAL as a Homestead Exemption or other exemption, now or hereafter provided by law. The
<br /> GRANTOR further covenants that the collateral is free and clear of all liens and encumbrances whatever and that
<br /> the GRANTOR shall warrant and forever defend the COLLATERAL in the quiet and peaceable possession of the
<br /> PUBLIC TRUSTEE, its successors and assigns, against all and every person or persons lawfully claiming or to claim
<br /> the whole or any part thereof.
<br /> Appendix 5 to Loan Contract C150379
<br /> Page 1 of 3
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