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<br /> ;014@: 1 .033/2001 08:50E
<br /> ChrisC.Munoz PuebloCtyClk&Reo AM TD R 15.00 D 0.00
<br /> Amended Deed of Trust
<br /> To amend the deed of trust dated January 28, 1998,
<br /> recorded August 3, 1998 Reception No. 1232119, Pueblo County
<br /> This indenture, made this 21st day of October 2000, between the EXCELSIOR IRRIGATING
<br /> COMPANY, a Colorado mutual ditch company, whose address is 231 Nyberg Road, Pueblo, Colorado
<br /> 81006, hereinafter referred to as GRANTOR, and the Public Trustee of the County of Pueblo, State of
<br /> Colorado, hereinafter referred to as PUBLIC TRUSTEE,
<br /> Witnesseth, that whereas, GRANTOR has executed a promissory note dated December 1, 2000
<br /> which replaces the promissory note dated January 28, 1998, set forth in Contract C153797 dated
<br /> February 11, 1998 and amended December 1, 2000 ("Contract") for a loan in the principal sum of
<br /> $251,125 to be repaid to the STATE OF COLORADO for the use and benefit of the Department of
<br /> Natural Resources, Water Conservation Board, whose address is 1313 Sherman Street, Room 721,
<br /> Denver, Colorado 80203, with interest thereon from the date of first disbursement of funds under the
<br /> Contract at the effective interest rate of 3.771% per annum, payable in 30 annual installments, in
<br /> accordance with the terms of the Promissory Note, or until loan is paid in full. This deed of trust is
<br /> being amended to increase the loan amount 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 of the premises and for the purpose aforesaid,
<br /> does hereby grant, bargain, sell and convey unto the said PUBLIC TRUSTEE in trust forever, to wit: the
<br /> diversion structure of the Excelsior Ditch, located in the SE1/4 of the SE1/4 of Section 36, Township
<br /> 20 South, Range 64 West of the Principal Meridian, Pueblo County, Colorado (hereinafter referred to
<br /> 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 e •..yhof-;,7ny prior encumbrances, principal or interest, if any, or in case
<br /> default shall be made . r e `a- '4 v.n ation or breach of any of the terms, conditions, covenants or
<br /> agreements contained at kJ,- . • , e beneficiary hereunder may declare a violation of any of the
<br /> covenants contained in the Contract and e. et to advertise said Property for sale, and demand such
<br /> sale by filing a noticItkao u ' o a d d and for sale with the PUBLIC TRUSTEE. Upon receipt of
<br /> such notice of ell d • a ?> f•r' let .o0.-''UBLICTRUSTEE shall cause a copy of the same to be
<br /> recorded in the r f •4r'_- e my in which said Property is situated, it shall and may be
<br /> lawful for the PUBLIC TRUSTEE to sell and dispose of the same (en masse or in separate parcels, as
<br /> 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 st4ph 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 /> notice shall be mailed to the county seat, and to make and give to the purchaser of the Property at
<br /> such sale, a certificate in writing describing the Property purchased, and the sum paid therefor, and
<br /> the time when the purchaser (or other person entitled thereto) shall be entitled to the deed therefor,
<br /> Attachment 5 to Contract C153797 Amendment No. 1
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