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Chuck Broerman El Paso County, CO <br /> Doc $02017 03;02;31 PM I IIIIII VIII VIII VIII VIII VIII VIII <br /> Doc $0,00 3 IIIIIIIIIIIIIIIIII <br /> Rec $23,00 Pages 217023041 <br /> DEED OF TRUST <br /> DATE: January 31, 2017 <br /> GRANTOR: CHILCOTT DITCH COMPANY,A MUTUAL DITCH COMPANY AND COLORADO <br /> NONPROFIT CORPORATION <br /> BENEFICIARY: COLORADO WATER CONSERVATION BOARD <br /> COUNTY: EL PASO <br /> TOTAL LOAN AMOUNT: $580,750.00 <br /> LOAN CONTRACT NUMBER: CT2017-3188 <br /> TERMS OF REPAYMENT: 2.20%INTEREST FOR 20 YEARS <br /> PLEDGED PROPERTY: AN UNDIVIDED ONE-HUNDRED PERCENT INTEREST IN THE JIMMY CAMP <br /> CREEK SIPHON STRUCTURE LOCATED IN THE NE 'A OF SECTION 5,TOWNSHIP <br /> 16 SOUTH, RANGE 65 WEST OF THE 6TH P.M. LOCATED IN EL PASO COUNTY <br /> AND INCLUDING ALL APPURTENANCES, EASEMENTS(WHETHER WRITTEN OR <br /> PRESCRIPTIVE), RIGHTS-OF-WAY, OR OTHER PROPERTY OR PROPERTY <br /> INTEREST HELD AND USED IN CONNECTION WITH THE ACCESS AND <br /> OPERATION OF SAID COLLATERAL, PER THIS LOAN CONTRACT, ATTACHED <br /> APPENDICES AND THE GRANTOR'S RESOLUTION DATED NOVEMBER 2,2oi6. <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 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 /> Appendix 6 <br /> Page 1 Of 3 <br />