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<br /> C, • I IIIIII 11111 IIIIIII IIIII 111111111 1311 III JJ1" II II Suksu
<br /> 1 of 3 R 15.00 D 0.00 Weld County CO
<br /> Deed of Trust
<br /> This indenture, made this„j day of Sep? pi 60" 2000, betw en the Riverside
<br /> Reservoir and Land Company, whose address is 215 E. Kiowa, Fort Morgan CO, 8 701, hereinafter
<br /> referred to as GRANTOR, and the Public Trustee of the County of Weld, State of Col rado, hereinafter
<br /> referred to as PUBLIC TRUSTEE,
<br /> Witnesseth, that whereas, GRANTOR has executed a promissory note, set forth in Contract No.
<br /> C150044 (the Contract) for a loan in the principal sum of $405,000 to be repaid t• the STATE OF
<br /> COLORADO for the use and benefit of the Department of Natural Resources, Water Co servation Board,
<br /> whose address is 1313 Sherman Street, Room 721, Denver, Colorado 8 , i inte est thereon from
<br /> the date of first disbursement of funds under the Contract at the effectiv 4- .t -t. 4% per annum,
<br /> payable in 30 annual installments, in accordance with the terms of the Prom' r ► ot� r'z ntil loan is paid
<br /> in full. ,:
<br /> And whereas, the GRANTOR is desirous of securing pa 4t t; th r,, is - - ,• interest of said
<br /> promissory note to the State of Colorado. a.
<br /> Now, therefore, the GRANTOR, in consideration of the premises and for t = a' ,• e aforesaid,
<br /> does hereby grant, bargain, sell and convey unto the said PUBLIC TRUSTEE in trust f•rever, to wit: an
<br /> undivided one hundred percent (100%) interest in the Grantor's diversion structure located on the South
<br /> Platte River located in the SW1% of Section 20, Township 5 North, Range 63 West, 6th P.M., Weld County,
<br /> Colorado, (collectively or hereinafter referred to as the "Property").
<br /> To have and to hold the same, together with all and singular the privileges a d appurtenances
<br /> thereunto belonging: In Trust nevertheless, that in case of default in the payment of said note, or any part
<br /> thereof, or in the payment of the interest thereon, according to the tenor and effect of s:id note or in the
<br /> payment of any prior encumbrances, principal or interest, if any, or in case default shall be made in or in
<br /> case of violation or breach of any of the terms, conditions, covenants or agreements contained in the
<br /> Contract, the beneficiary hereunder may declare a violation of any of the covenants contained in the
<br /> Contract and elect to advertise said Property for sale, and demand such sale by filing a notice of such
<br /> election and demand for sale with the PUBLIC TRUSTEE. Upon receipt of such notic of election and
<br /> demand for sale, the PUBLIC TRUSTEE shall cause a copy of the same to be recorded in the recorder's
<br /> office of the county in which said Property is situated, it shall and may be lawful for the P BLIC TRUSTEE to
<br /> sell and dispose of the same (en masse or in separate parcels, as the said PUBLIC TRUSTEE may think
<br /> best), and all the right, title and interest of the GRANTOR, its successors or assigns therein at public auction
<br /> at such time and at such location as shall be designated in the PUBLIC TRUSTEE'S Notic- of Sale, for the
<br /> highest and best price the same will bring in cash, four weeks public notice having been previously given of
<br /> the time and place of such sale, advertisement once each week for five consecutive weeks, in some
<br /> newspaper of general circulation at that time published in said county, a copy of which notice shall be
<br /> mailed within ten days from the date of the first publication thereof to the GRANTOR at t e address herein
<br /> given and to such person or persons appearing to have acquired a subsequent recor• interest in said
<br /> Property at the address given in the recorded instrument; where only the county and sta e is given as the
<br /> address then such notice shall be mailed to the county seat, and to make and give to th= purchaser of the
<br /> Property at such sale, a certificate in writing describing the Property purchased, and the -urn paid therefor,
<br /> and the time when the purchaser (or other person entitled thereto) shall be entitled to the deed therefor,
<br /> unless the same shall be redeemed as is provided by law; and said PUBLIC TRUSTEE shall, upon demand
<br /> by the person holding the said certificate of purchase, when said demand is made, or upon demand by the
<br /> person entitled to a deed to and for the Property purchased, at the time such demand is made, the time for
<br /> redemption having expired, make and execute to such person a deed to the Property urchased, which
<br /> said deed shall be in the ordinary form of a conveyance, and shall be signed, acknowled ed and delivered
<br /> Appendix 3 to Loan Contract C150044
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