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O O 5A m <br /> O (O ca n <br /> Deed of Trust > 0 <br /> DATE: December 5, 2014 0 O j <br /> GRANTOR: Louden Irrigating Canal and Reservoir Company w �+ <br /> BENEFICIARY: Colorado Water Conservation Board So 7/ 0 <br /> N <br /> C co <br /> COUNTY: Larimer D, <br /> PRINCIPAL LOAN AMOUNT: $161,600 O tdr <br /> � a � <br /> LOAN CONTRACT: Loan Contract No. C150398 v <br /> TERMS OF REPAYMENT: 2.70% per annum for 30 years u U0 N <br /> o. CO <br /> COLLATERAL: An undivided one-hundred percent interest in Louden Irrigating 3 o <br /> Canal and Reservoir Company's Big Thompson River Diversion <br /> and Headgate Structure located in the NE % of the SW %of the <br /> NW % of Section 12, Township 5 North, Range 70 West of the 6th <br /> P.M., Larimer County, including all appurtenances, easements, <br /> rights-of-way, or other property or property interest held and used in <br /> connection with the access and operation of said diversion and <br /> headgate structure. <br /> This 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 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 /> 2. 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, that <br /> in case of default in the payment of said Promissory Note, or any part thereof, or the interest <br /> thereon, or in the performance of any covenants hereinafter set forth or in said Promissory Note <br /> or LOAN CONTRACT, then upon the BENEFICIARY filing notice of election and demand for sale, <br /> said PUBLIC TRUSTEE, after advertising notice of said sale weekly for not less than four weeks in <br /> some newspaper of general circulation in said COUNTY, shall sell said COLLATERAL in the <br /> manner provided by law in effect at the time of filing said notice and demand, at public auction <br /> 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 <br /> advanced for taxes, insurance and assessments, or on any prior encumbrance, with interest <br /> thereon and pay the principal and interest due on said Promissory Note, rendering the overplus, <br /> if any, unto the GRANTOR; and after the expiration of the time of redemption, the PUBLIC TRUSTEE <br /> shall execute and deliver to the purchaser a deed to the COLLATERAL sold. The BENEFICIARY <br /> may purchase said COLLATERAL or any part thereof at such sale. <br /> Appendix 5 to Loan Contract C150398 <br /> Page 1 of 3 <br /> JODIE TAVARES <br /> COLORADO WATER CONSERVATION BOARD <br /> J 1 1313 SHERMAN ST#718 <br /> DENVER,CO 80203 <br />