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CT2018-1999 Contract
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Last modified
1/10/2018 1:06:01 PM
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1/10/2018 1:05:48 PM
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Loan Projects
Contract/PO #
CT2018-1999
Contractor Name
Centenial Irrigating Ditch Company
Contract Type
Loan
Loan Projects - Doc Type
Contract Documents
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APPENDIX 6,DEED OF TRUST <br /> Date: October 17,2017 <br /> Grantor: Centenial Irrigating Ditch Company <br /> Beneficiary: Colorado Water Conservation Board <br /> County: Rio Grande <br /> Total Loan Amount: $232,300.00 <br /> Loan Contract Number: CT2018-1999 <br /> Terms of Repayment: 1.50%interest for 20 years <br /> Pledged Property: An undivided one-hundred percent interest in the Centenial Diversion Dam <br /> located in the NE 1/4 of the NW 1/4 of Section 2,Township 38 North,Range 8 <br /> East of the New Mexico P.M. <br /> This indenture is between the Grantor,and the Public Trustee of the above referenced County,State of <br /> Colorado("Public Trustee"). <br /> FACTUAL RECITALS <br /> 1. The Grantor has executed a Promissory Note of even date and amount, set forth in the Loan Contract, for a <br /> loan in the Total Loan Amount to be repaid to the Beneficiary,with Terms of Repayment and in accordance <br /> with the Promissory Note or until loan is paid in full. <br /> 2. The Grantor is desirous of securing payment of the Total Loan Amount and interest of said Promissory Note to <br /> the Beneficiary. <br /> The Grantor, in consideration of the premises and for the purpose aforesaid, does hereby grant, bargain, sell <br /> and convey unto the said Public Trustee in trust forever,the above described Pledged Property. <br /> To have and to hold the same,together with all appurtenances,in trust nevertheless,that in case of default in <br /> the payment of said Promissory Note,or any part thereof,or the interest thereon,or in the performance of any <br /> covenants hereinafter set forth or in said Promissory Note or Loan Contract,then upon the Beneficiary filing notice <br /> of election and demand for sale,said Public Trustee,after advertising notice of said sale weekly for not less than <br /> four weeks in some newspaper of general circulation in said County,shall sell said Pledged Property in the manner <br /> provided by law in effect at the time of filing said notice and demand,at public auction for cash,at any proper <br /> place designated in the notice of sale. Out of the proceeds of said sale,the Public Trustee shall retain or pay first <br /> all fees,charges and costs and all moneys advanced for taxes,insurance and assessments,or on any prior <br /> encumbrance,with interest thereon and pay the principal and interest due on said Promissory Note,rendering the <br /> overplus,if any,unto the Grantor;and after the expiration of the time of redemption,the Public Trustee shall <br /> execute and deliver to the purchaser a deed to the Pledged Property sold. The Beneficiary may purchase said <br /> Pledged Property or any part thereof at such sale. <br /> The Grantor covenants that at the time of the delivery of these presents,it is well seized of the Pledged <br /> Property in fee simple,and has full power and lawful authority to grant,bargain,sell and convey the same in the <br /> manner and form as aforesaid. The Grantor fully waives and releases all rights and claims it may have in or to said <br /> Pledged Property as a Homestead Exemption or other exemption,now or hereafter provided by law. The Grantor <br /> further covenants that the Pledged Property is free and clear of all liens and encumbrances whatever and that the <br /> Grantor shall warrant and forever defend the Pledged Property in the quiet and peaceable possession of the Public <br /> Trustee,its successors and assigns,against all and every person or persons lawfully claiming or to claim the whole <br /> or any part thereof. <br /> Appendix 6 <br /> Page i of 3 <br />
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