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<br /> FT L .? E 1,1 1,1 IDA ISA.S.5 i (A 74'3)
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<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
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