RECEPTION#20160066700, 10/3/2016 9:34:09 AM,
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<br /> Angela Myers, Clerk& Recorder, Larimer County, CO
<br /> Deed of Trust
<br /> DATE: AUGUST 10,2016
<br /> GRANTOR: THE NORTH POUDRE IRRIGATION COMPANY,
<br /> A COLORADO NONPROFIT CORPORATION
<br /> BENEFICIARY: COLORADO WATER CONSERVATION BOARD
<br /> COUNTY: LARIMER
<br /> TOTAL LOAN AMOUNT: $1,451,673.00
<br /> LOAN CONTRACT NUMBER: CT2or7*1402
<br /> TERMS OF REPAYMENT: 2.25%INTEREST FOR THIRTY(30)YEARS
<br /> PLEDGED PROPERTY: AN UNDIVIDED ONE-HUNDRED PERCENT INTEREST IN THE RESERVOIR NO.4
<br /> DAM AND RESERVOIR,INCLUDING THE ENTIRE STRUCTURE AND ANY
<br /> EASEMENTS,RIGHTS-OF-WAYS OR OTHER PROPERTY OR PROPERTY INTERESTS
<br /> HELD AND USED IN CONNECTION WITH THE ACCESS AND OPERATION OF SAID
<br /> DAM AND RESERVOIR.THE LOCATION IS IN THE S 1/a OF THE NW 1/4 AND THE N 1/a
<br /> OF THE SW 1/4 OF SECTION 29,TOWNSHIP 9 NORTH, RANGE 68 WEST,OF THE
<br /> 6TH P.M., LARIMER COUNTY, COLORADO
<br /> This indenture is between the Grantor, and the Public Trustee of the above referenced COUNTY,
<br /> 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 TOTAL LOAN AMOUNT to be repaid to the BENEFICIARY, with
<br /> TERMS OF REPAYMENT and in accordance with the PROMISSORY NOTE or until loan is paid in full.
<br /> 2. The GRANTOR is desirous of securing payment of the TOTAL LOAN AMOUNT and interest of said
<br /> PROMISSORY NOTE to the BENEFICIARY.
<br /> The GRANTOR, in consideration of the premises and for the purpose aforesaid, does hereby
<br /> grant, bargain, sell and convey unto the said PUBLIC TRUSTEE in trust forever, the above described
<br /> 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 NOTE
<br /> or LOAN CONTRACT, then upon the BENEFICIARY filing notice of election and demand for sale, said
<br /> PUBLIC TRUSTEE, after advertising notice of said sale weekly for not less than four weeks in some
<br /> newspaper of general circulation in said COUNTY, shall sell said PLEDGED PROPERTY in the manner
<br /> provided by law in effect at the time of filing said notice and demand, at public auction for cash,
<br /> at any proper place designated in the notice of sale. Out of the proceeds of said sale, the PUBLIC
<br /> TRUSTEE shall retain or pay first all fees, charges and costs and all moneys advanced for taxes,
<br /> insurance and assessments, or on any prior encumbrance, with interest thereon and pay the
<br /> principal and interest due on said PROMISSORY NOTE, rendering the overplus, if any, unto the
<br /> GRANTOR; and after the expiration of the time of redemption, the PUBLIC TRUSTEE shall execute
<br /> Appendix 6
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