C150112 Loan Compliance Confirmation

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I 111111 IFII 1111111 III IIIIII Vi 1111111 III 11111 III IHI 3017097 12/20/2002 04.06P Weld County, CO 097 1 of 3 R 16.00 0 0.00 J.A. "Suki" Tsukamoto Deed of Trust DATE: December 1 , 2002 GRANTOR: KERN RESERVOIR AND DITCH COMPANY BENEFICIARY: COLORADO WATER CONSERVATION BOARD COUNTY: WELD COUNTY PRINCIPAL LOAN AMOUNT: $1,000,000 LOAN CONTRACT: Loan Contract No. C150112, dated December 1, 2002 TERMS: Interest of 5.10% per annum and repayment period of 30 years COLLATERAL: An undivided one hundred percent (100%) interest in and to all easements and rights-of-way appurtenant thereto, all improvements thereon, and all other physical and legal features known as the Kern Reservoir (also known as Windsor Lake) located in the East Half of Section 17 and Section 16, Township 6 North, Range 67 West of the 6th P.M., Weld County, Colorado, together with all dams, embankments, gates, easements, ditches, canals, rights-of- way and all other structures, appliances, fixtures and other property of whatsoever kind and description that are used in connection with the operation of said reservoir and the storage. This indenture is between the GRANTOR, and the Public Trustee of the above referenced COUNTY, State of Colorado ("PUBLIC TRUSTEE"), Factual Recitals 1. The GRANTOR has executed a Promissory Note of even date and amount, set forth in the LOAN CONTRACT, for a loan in the PRINCIPAL LOAN AMOUNT to be repaid to the BENEFICIARY, with terms as shown above and in accordance with the Promissory Note or until loan is paid in full. 2. The GRANTOR is desirous of securing payment of the PRINCIPAL LOAN AMOUNT and interest of said Promissory Note to the BENEFICIARY. The GRANTOR, in consideration of the premises and for the purpose aforesaid, does hereby grant, bargain, sell and convey unto the said PUBLIC TRUSTEE in trust forever, the above described COLLATERAL. Appendix 5 to Loan Contract C150112