C150260 Released DOT

• Contract/PO #: C150260
• Contractor Name: Republican River Water Conservation District
• Contract Type: Loan
• County: Yuma
• Loan Projects - Doc Type: Contract Documents

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01/02/2009 10.45 AM
Yuma County Recorder, Beverly A Wenger Page 1 of 5
DT R25.00 S1.00 D0.00
Deed of Trust
DATE: November 3, 2008
GRANTOR: REPUBLICAN RIVER WATER CONSERVATION DISTRICT,ACTING BY AND
THROUGH ITS WATER ACTIVITY ENTERPRISE
BENEFICIARY: COLORADO WATER CONSERVATION BOARD
COUNTY: YUMA
PRINCIPAL LOAN AMOUNT: $60,600,000
LOAN CONTRACT: Loan Contract No. C150260, dated November 3, 2008
TERMS OF REPAYMENT: 2.0% per annum for 20 years
COLLATERAL: An undivided one-hundred percent interest in the water rights
described in Attachment A, attached hereto and incorporated
herein.
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
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.
The GRANTOR covenants that at the time of the delivery of these presents, it is well
Appendix 5 to Loan Contract C150260
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