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I
<br /> RECEIVED
<br /> 11111111111111111111111111111111111111 III 111111111 IIII
<br /> 1232118 08/03/1998 01:27P TD Chris C. Munoz
<br /> AUG 1 0 1998 1 of 3 R 16.00 D 0.00 Pueblo Cty Clk & Rec.
<br /> Color Deed of Trust
<br /> Cons(; _..
<br /> This indenture, made this /) ' day of FE kJ Lf , between C.R.
<br /> Evans, whose address is 231 Nyberg Road, Pueblo, Colorado 81006, hereinafter referred to as
<br /> GRANTOR, and the Public Trustee of the County of Pueblo, State of Colorado, hereinafter referred to
<br /> as PUBLIC TRUSTEE,
<br /> Witnesseth, that whereas, GRANTOR has executed a promissory note, set forth in Contract
<br /> C153797 ("Contract") for a loan in the principal sum of $230,000 to be repaid to the STATE OF
<br /> COLORADO for the use and benefit of the Department of Natural Resources, Water Conservation
<br /> Board, whose address is 1313 Sherman Street, Room 721, Denver, Colorado 80203, with interest
<br /> thereon from the date of first disbursement of funds under the Contract at the interest rate of 3.75%
<br /> per annum, payable in 30 annual installments, in accordance with the terms of the Promissory Note,
<br /> or until loan is paid in full.
<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 of the premises and for the purpose
<br /> aforesaid, does hereby grant, bargain, sell and convey unto the said PUBLIC TRUSTEE in trust forever,
<br /> to wit: 1,876 shares of stock of the Excelsior Irrigating Company, evidenced by Certificate No. 6,
<br /> which shares represent the GRANTOR'S pro rata interest in the following water rights: 20 c.f.s.
<br /> decreed to the Bessemer Ditch as Priority No. 55 (Admin. # 13635) by the Pueblo County District
<br /> Court in Civil Action 2535 on March 23, 1896 with an appropriation date of May 1, 1887, and
<br /> transferred to the Excelsior Ditch on September 15, 1905 in Civil Action 9532, and 40 c.f.s. decreed
<br /> to the Rocky Ford Highline Canal as Priority No. 60 (Admin. # 14616) by the Pueblo County District
<br /> Court in Civil Action 2535 on March 23, 1896 with an appropriation date of January 6, 1890, and
<br /> transferred to the Excelsior Ditch on September 15, 1905 in Civil Action 9532, (hereinafter referred
<br /> to as "Property"). rs. 8-6-°"/ST f1' 'r Q4�
<br /> To have and to hold the same, together with all " ngular the privileges and
<br /> appurtenances thereunto belonging: In Trust nevertheless, that inc. -`�• •-,ault in the payment of
<br /> said note, or any part thereof, or in the payment of the Inter 'i rr 6' ; • n ing to the tenor and
<br /> effect of said note or in the payment of any prior encumbra _,. pri sr nterest, if any, or in
<br /> case default shall be made in or in case of violation or liyi (ofrgysleaFe terms, conditions,
<br /> covenants or agreements contained in the Contract, the beneficiary hereunder may declare a
<br /> violation of any of the covenants contained in the Contract and elect to advertise said Property for
<br /> sale, and demand such sale by filing a notice of such election and demand for sale with the PUBLIC
<br /> TRUSTEE. Upon receipt of such notice of election and demand for sale, the PUBLIC TRUSTEE shall
<br /> cause a copy of the same to be recorded in the recorder's office of the county in which said Property
<br /> is situated, it shall and may be lawful for the PUBLIC TRUSTEE to sell and dispose of the same (en
<br /> masse or in separate parcels, as the said PUBLIC TRUSTEE may think best), and all the right, title and
<br /> interest of the GRANTOR, its successors or assigns therein, at public auction at such time and at
<br /> such location as shall be designated in the PUBLIC TRUSTEE'S Notice of Sale, for the highest and best
<br /> price the same will bring in cash, four weeks public notice having been previously given of the time
<br /> and place of such sale, advertisement once each week for five consecutive weeks, in some
<br /> newspaper of general circulation at that time published in said county, a copy of which notice shall
<br /> be mailed within ten days from the date of the first publication thereof to the GRANTOR at the address
<br /> herein given and to such person or persons appearing to have acquired a subsequent record
<br /> interest in said Property at the address given in the recorded instrument; where only the county and
<br /> state is given as the address then such notice shall be mailed to the county seat, and to make and
<br /> give to the purchaser of the Property at such sale, a certificate in writing describing the Property
<br /> Appendix 4 to Loan Contract C153797
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