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/III III /III II I I IR II II III I II OP33ge531 07/22/2016 03:53 PM RF: $21.00 DF: $0.00 Boulder County Clerk,CO Deed of Trust DATE: y -/ y , 2016 GRANTOR: LAKE MCINTOSH RESERVOIR COMPANY,A COLORADO CORPORATION BENEFICIARY: COLORADO WATER CONSERVATION BOARD COUNTY: BOULDER TOTAL LOAN AMOUNT: $1,727,100.00 LOAN CONTRACT NUMBER: CT2016-2794 TERMS OF REPAYMENT: 2.70%INTEREST FOR 30 YEARS PLEDGED PROPERTY: AN UNDIVIDED ONE-HUNDRED PERCENT INTEREST IN LAKE MCINTOSH DAM AND RESERVOIR(AKA MCINTOSH LAKE), PARCEL NUMBER 120530000016, LOCATED IN SECTIONS 29 AND 30,ALL IN TOWNSHIP 3 NORTH, RANGE 69 WEST OF THE 6TH P.M., BOULDER COUNTY, INCLUDING ALL APPURTENANCES, RIGHTS-OF-WAYS,AND EASEMENTS USED IN CONNECTION WITH THE ACCESS AND OPERATION OF SAID LAKE. 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 Nom 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 PLEDGED PROPERTY. 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 PLEDGED PROPERTY 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 PLEDGED PROPERTY sold. The BENEFICIARY may purchase said PLEDGED PROPERTY or any part Appendix 6 Page 1 of 3