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Aior AlIACr - A I L.., <br /> FT L .? E 1,1 1,1 IDA ISA.S.5 i (A 74'3) <br /> JAS A j <br /> AMENDMENT NO. 1 TO DEED OF TRUST <br /> Date: November 20, 2003 <br /> Grantor (Borrower): C. R. Evans <br /> Beneficiary (Lender): Colorado Water Conservation Board <br /> Date of Deed of Trust: March 24, 1997 <br /> Recording Date of Deed of Trust: April 25, 1997 <br /> County of Recording ("County"): Pueblo <br /> Deed of Trust Recording Information: Reception 1166275 Book 2991 Pages 63 & 64 <br /> Loan Contract: C153748, dated April 15, 1997, amended March 9, 1998 and <br /> November 20, 2003 <br /> Promissory Note: $100,000 3.75%, 30 Years, dated March 24, 1997 <br /> This Amendment to the Deed of Trust is between the Grantor and the Public Trustee of the County of Pueblo, <br /> State of Colorado. The Deed of Trust is to secure repayment of the indebtedness evidenced by Loan Contract <br /> and Promissory Note between the Grantor and the Beneficiary. <br /> The Beneficiary has requested the release of 1,376 shares of 1,876 shares of Excelsior Irrigating Company <br /> stock owned by the Grantor. The Beneficiary has agreed to allow the Grantor to secure the loan with 500 <br /> shares of Excelsior Irrigating Company stock. <br /> NOW THEREFORE, the Beneficiary and Grantor agree that: <br /> 1. The third and fourth full paragraphs of the Original Deed of Trust are hereby amended to read as follows: <br /> And whereas, the Grantor is desirous of securing payment of the principal and interest of the Promissory <br /> Note dated March 24, 1997, in the principal sum of$100,000. <br /> Now, therefore, 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, to wit: 500 shares of stock of <br /> the Excelsior Irrigating Company, owned by the Grantor, as evidenced by Certificate No. 9. <br /> 2. In the event of any conflict, inconsistency, variance, or contradiction between the provisions of this <br /> amendment and any of the provisions of the original deed of trust, the provisions of this amendment shall <br /> in all respects supersede, govern, and control. <br /> 3. Any provisions of the original deed of trust not expressly modified herein remain in full force and effect. <br /> Grantor: C. R. Evans <br /> •g, <br /> State of Colorado, County of etAt � <br /> The foregoing instrument was acknowledged before me on November 42, , 2003, by C. ',Evans. Witness <br /> my hand and official seal. <br /> c <br /> Notary,r 4blic <br /> My commission expires/ �� 1, <br /> RETURN Documents to: CWCB Finance Section,Attn: Jan Illian, 1580 Logan Street, Suite 750,Denver,CO 80203 <br /> Appendix 1 to Loan Contract C153748 Amendment No. 2 <br />