C150319 PIF Doccuments

• Contract/PO #: C150319
• Contract/PO #: CT2015-043
• Contractor Name: Fisher Ditch Company
• Contract Type: Loan
• County: Morgan
• Loan Projects - Doc Type: Contract Documents

2012037761
Page: 1 of 3
03/2112012 12:46P
City & County Of Denver DOT 821.00 DD.00
Deed of Trust
DATE: January 25, 2012
GRANTOR: FISHER DITCH COMPANY
BENEFICIARY: COLORADO WATER CONSERVATION BOARD
COUNTY: DENVER
PRINCIPAL LOAN AMOUNT: $454,500
LOAN CONTRACT: Loan Contract No. C150319, dateday FELL
TERMS OF REPAYMENT: 5.95% per annum for 30 years
COLLATERAL: An undivided one-hundred percent interest in the following water
rights: Fisher Ditch, for 34 cfs, from Clear Creek, located in
Section 17, Township 3 South, Range 68 West, appropriation date
of 6/29/1861, and adjudicated 10/4/1884 in case number CA6963;
and Fisher Ditch, for 35 cfs, from Clear Creek, located in Section
17, Township 3 South, Range 68 West, appropriation date of
3/30/1898, and adjudicated 5/13/1936 in case number CA60052.
This indenture is between the Grantor, and the Public Trustee of the above referenced
COUNTY, State of Colorado ("PUBLIC TRUSTEE"),
FACTUAL RECITALS
1. The GRANTOR has executed a Promissory Note of even date and amount, set forth in the
LOAN CONTRACT, for a loan in the PRINCIPAL LOAN AMOUNT to be repaid to the BENEFICIARY,
with TERMS OF REPAYMENT and in accordance with the Promissory Note or until loan is paid
in full.
2. The GRANTOR is desirous of securing payment of the PRINCIPAL LOAN AMOUNT and interest of
said Promissory Note to the BENEFICIARY.
The GRANTOR, in consideration of the premises and for the purpose aforesaid, does
hereby grant, bargain, sell and convey unto the said PUBLIC TRUSTEE in trust forever, the above
described COLLATERAL.
To have and to hold the same, together with all appurtenances, in trust nevertheless,
that in case of default in the payment of said Promissory Note, or any part thereof, or the
interest thereon, or in the performance of any covenants hereinafter set forth or in said
Promissory Note or LOAN CONTRACT, then upon the BENEFICIARY filing notice of election and
demand for sale, said PUBLIC TRUSTEE, after advertising notice of said sale weekly for not less
than four weeks in some newspaper of general circulation in said COUNTY, shall sell said
COLLATERAL in the manner provided by law in effect at the time of filing said notice and demand,
at public auction for cash, at any proper place designated in the notice of sale. Out of the
proceeds of said sale, the PUBLIC TRUSTEE shall retain or pay first all fees, charges and costs
and all moneys advanced for taxes, insurance and assessments, or on any prior encumbrance,
with interest thereon and pay the principal and interest due on said Promissory Note, rendering
Appendix 5 to Loan Contract C150319
Page 1 of 3