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<br /> 12/03/2001 08:50E
<br /> ChrisC.Munoz Pueb1oCtyC1k&Reo AM TD R 15.00 D 0.00
<br /> AMENDED DEED OF TRUST
<br /> To amend the deed of trust dated February 11, 1998,
<br /> recorded August 3, 1998 Reception No. 1232118, Pueblo County
<br /> This indenture, made this 21st day of October 2000, between C.R. Evans, whose address is
<br /> 231 Nyberg Road, Pueblo, Colorado 81006, hereinafter referred to as GRANTOR, and the Public
<br /> Trustee of the County of Pueblo, State of Colorado, hereinafter referred to as PUBLIC TRUSTEE,
<br /> Witnesseth, that whereas, GRANTOR agreed to pledge collateral to assure repayment of
<br /> Contract C153797 dated February 11, 1998, and amended December 1, 2000 ("Contract") for a loan
<br /> in the principal sum of $251,125 to be repaid to the STATE OF COLORADO for the use and benefit
<br /> of the Department of Natural Resources, Water Conservation Board, whose address is 1313
<br /> Sherman Street, Room 721, Denver, Colorado 80203, with interest thereon from the date of first
<br /> disbursement of funds under the Contract at the interest rate of 3.771% per annum, payable in 30
<br /> annual insiaiiments, in accordance with the terms of tQj*$ o ,Pbr until loan is paid in full.
<br /> This deed of trust is being amended to increase the loan rS 1 nt to $251,125.
<br /> And whereas, the GRANTOR is desirous of securing payment of the principal and interest of
<br /> said promissory note to the State of Colorado.
<br /> Now, therefore, the GRANTOR, in consideration ��L � a�d for the purpose aforesaid,
<br /> does hereby grant, bargain, sell and convey unto the sar B USTEE in trust forever, to wit:
<br /> 1,876 shares of stock of the Excelsior Irrigating Company, evidenced by Certificate No. 6, which
<br /> shares represent the GRANTOR'S pro rata interest in the following water rights: 20 c.f.s. decreed to the
<br /> Bessemer Ditch as Priority No. 55 (Admin. # 13635) by the Pueblo County District Court in Civil
<br /> Action 2535 on March 23, 1896 with an appropriation date of May 1, 1887, and transferred to the
<br /> Excelsior Ditch on September 15, 1905 in Civil Action 9532, and 40 c.f.s. decreed to the Rocky Ford
<br /> Highline Canal as Priority No. 60 (Admin. # 14616) by the Pueblo County District Court in Civil Action
<br /> 2535 on March 23, 1896 with an appropriation date of January 6, 1890, and transferred to the
<br /> Excelsior Ditch on September 15, 1905 in Civil Action 9532, (hereinafter referred to as "Property").
<br /> To have and to hold the same, together with all and singular the privileges and
<br /> appurtenances thereunto belonging: In Trust nevertheless, that in case of default in the payment of
<br /> said note, or any part thereof, or in the payment of the interest thereon, according to the tenor and
<br /> effect of said note or in the payment of any prior encumbrances, principal or interest, if any, or in case
<br /> default shall be made in or in case of violation or breach of any of the terms, conditions, covenants or
<br /> agrees l lei its contained in i the Contract, the beneficiary y hereunder may declare a violation of any Of the
<br /> covenants contained in the Contract and elect to advertise said Property for sale, and demand such
<br /> sale by filing a notice of such election and demand for sale with the PUBLIC TRUSTEE. Upon receipt of
<br /> such notice of election and demand for sale, the PUBLIC TRUSTEE shall cause a copy of the same to
<br /> be recorded in the recorder's office of the county in which said Property is situated, it shall and may
<br /> be lawful for the PUBLIC TRUSTEE to sell and dispose of the same (en masse or in separate parcels,
<br /> as the said PUBLIC TRUSTEE may think best), and all the right, title and interest of the GRANTOR, its
<br /> successors or assigns therein, at public auction at such time and at such location as shall be
<br /> designated in the PUBLIC TRUSTEE's Notice of Sale, for the highest and best price the same will bring
<br /> in cash, four weeks public notice having been previously given of the time and place of such sale,
<br /> advertisement once each week for five consecutive weeks, in some newspaper of general circulation
<br /> at that time published in said county, a copy of which notice shall be mailed within ten days from the
<br /> date of the first publication thereof to the GRANTOR at the address herein given and to such person or
<br /> persons appearing to have acquired a subsequent record interest in said Property at the address
<br /> given in the recorded instrument; where only the county and state is given as the address then such
<br /> Attachment 3 to Contract C153797 Amendment No. 1
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