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CT2016-2040 Filed DOT
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CT2016-2040 Filed DOT
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Last modified
3/25/2016 8:31:00 AM
Creation date
3/25/2016 8:30:59 AM
Metadata
Fields
Template:
Loan Projects
Contract/PO #
CT2016-2040
Contractor Name
Brighton Ditch Company
Contract Type
Loan
County
Adams
Loan Projects - Doc Type
Contract Documents
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RECEPTION# 2016000020005, <br /> 03/17/2016 at 09 27 18 AM 1 OF 3 <br /> TD Pgs 0 Stan Martin,Adams County CO <br /> Deed of Trust <br /> DATE: January 16, 2016 <br /> GRANTOR: THE BRIGHTON DITCH COMPANY,A NONPROFIT CORPORATION <br /> BENEFICIARY: COLORADO WATER CONSERVATION BOARD <br /> COUNTY: ADAMS <br /> PRINCIPAL LOAN AMOUNT: $225,000 <br /> LOAN CONTRACT NUMBER: CT2016-2040 <br /> TERMS OF REPAYMENT: 2.55% interest for 30 years <br /> COLLATERAL: An undivided one-hundred percent interest in the Brighton Ditch <br /> diversion and headgate structure, including any easements, rights- <br /> of-ways or other property or property interests held and used in <br /> connection with the access and operation of said diversion and <br /> headgate structure located at SE1/4 of the SE1/4 of Section 13, <br /> Township 1 South, Range 67 West of the Sixth P.M., Adams <br /> County. <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 <br /> NOTE or LOAN CONTRACT, then upon the BENEFICIARY filing notice of election and demand for <br /> sale, said PUBLIC TRUSTEE, after advertising notice of said sale weekly for not less than four <br /> weeks in some newspaper of general circulation in said COUNTY, shall sell said COLLATERAL in <br /> the manner provided by law in effect at the time of filing said notice and demand, at public <br /> auction for cash, at any proper place designated in the notice of sale. Out of the proceeds of <br /> said sale, 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 <br /> overplus, if any, unto the GRANTOR; and after the expiration of the time of redemption, the <br /> PUBLIC TRUSTEE shall execute and deliver to the purchaser a deed to the COLLATERAL sold. The <br /> BENEFICIARY may purchase said COLLATERAL or any part thereof at such sale. <br /> The GRANTOR covenants that at the time of the delivery of these presents, it is well <br /> Appendix 6 <br /> Page 1 of 3 <br />
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