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RECEPTION#: 689296, 08/10/2016 at <br /> 11:18:07 AM, 3, R$21.00 <br /> TERI A. STEPHENSON, DELTA COUNTY, <br /> CO CLERK AND RECORDER <br /> Deed of Trust <br /> DATE: June 27, 2016 <br /> GRANTOR: THE DUKE DITCH COMPANY,A COLORADO NONPROFIT CORPORATION <br /> BENEFICIARY: COLORADO WATER CONSERVATION BOARD <br /> COUNTY: DELTA <br /> TOTAL LOAN AMOUNT: $90,900 <br /> LOAN CONTRACT NUMBER: CT2O17*915 <br /> TERMS OF REPAYMENT: 2.00% interest for 30 years <br /> PLEDGED PROPERTY: An undivided one-hundred percent interest in the Duke Ditch pipeline <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 PLEDGED PROPERTY. <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 PLEDGED <br /> PROPERTY in the manner provided by law in effect at the time of filing said notice and demand, <br /> at public auction for cash, at any proper place designated in the notice of sale. Out of the <br /> proceeds of said sale, the PUBLIC TRUSTEE shall retain or pay first all fees, charges and costs <br /> and all moneys advanced for taxes, insurance and assessments, or on any prior encumbrance, <br /> with interest thereon and pay the principal and interest due on said PROMISSORY NOTE, <br /> rendering the overplus, if any, unto the GRANTOR; and after the expiration of the time of <br /> redemption, the PUBLIC TRUSTEE shall execute and deliver to the purchaser a deed to the <br /> PLEDGED PROPERTY sold. The BENEFICIARY may purchase said PLEDGED PROPERTY or any part <br /> thereof at such sale. <br /> The GRANTOR covenants that at the time of the delivery of these presents, it is well <br /> seized of the PLEDGED PROPERTY in fee simple, and has full power and lawful authority to grant, <br /> bargain, sell and convey the same in the manner and form as aforesaid. The GRANTOR fully <br /> waives and releases all rights and claims it may have in or to said PLEDGED PROPERTY as a <br /> Appendix 6 <br /> Page 1 of 3 <br />