CT2015-139 DOT signed - Laserfiche WebLink

Home Browse Search

4084602 Pages: 1 of 3 02/20/2015 12:13 PM R Fee:$21.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1I11 10.0*.N'til0'NTINVOLNICreiYrl'lili1i 11111 Deed of Trust DATE: December 16, 2014 GRANTOR: PLATTE VALLEY IRRIGATION COMPANY BENEFICIARY: COLORADO WATER CONSERVATION BOARD COUNTY: WELD PRINCIPAL LOAN AMOUNT: $745,380 CMS NUMBER: 74842 TERMS OF REPAYMENT: 2.0 % PER ANNUM FOR 30 YEARS COLLATERAL: AN UNDIVIDED ONE-HUNDRED PERCENT INTEREST IN SAND HILL LAKE OUTLET STRUCTURE LOCATED ON THE COAL RIDGE WASTE DAM LOCATED NE1/4 OF THE NW1/4 OF THE NW1/4 OF SECTION 25, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M. INCLUDING ANY EASEMENTS, RIGHTS-OF-WAYS OR OTHER PROPERTY OR PROPERTY INTERESTS HELD AND USED IN CONNECTION WITH THE ACCESS AND OPERATION OF SAID OUTLET STRUCTURE. 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 t0 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 the overplus, if any, unto the GRANTOR; and after the expiration of the time of redemption, the PUBLIC TRUSTEE shall execute and deliver to the purchaser a deed to the COLLATERAL sold. The BENEFICIARY may purchase said COLLATERAL or any part thereof at such sale. Appendix 5 Page 1 of 3