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APPENDIX 6, DEED OF TRUST
<br /> Date: September 1,2018
<br /> Grantor: Ogilvy Irrigating and Land Company
<br /> Beneficiary: Colorado Water Conservation Board
<br /> County: Weld
<br /> Total Loan Amount: $2,274,520.00
<br /> Loan Contract Number: CT2019-2099
<br /> Terms of Repayment: 1.70% interest for 30 years
<br /> Pledged Property: An undivided one-hundred percent interest in the Seeley Da ii located in the NW 1/4 of
<br /> Section 25 and the NE1/4 of Section 26 in Township 6 Norte,Range 66 West of the 6th
<br /> PM,Weld County, including all easements,right-of-ways a d property held and used in
<br /> connection with the access and operation of the Seeley Dam
<br /> This indenture is between the Grantor,and the Public Trustee of the above referenced ounty,State of Colorado
<br /> ("Public Trustee").
<br /> FACTUAL RECITAL
<br /> i. The Grantor has executed a Promissory Note of even date and mount,set forth in the Loan Contract,for a loan
<br /> in the Total Loan Amount to be repaid to the Beneficiary,with Terms of Repayment . d in accordance with the
<br /> Promissory Note or until loan is paid in full.
<br /> 2. The Grantor is desirous of securing payment of the Total Loan mount and interest • said Promissory Note to
<br /> the Beneficiary.
<br /> The Grantor,in consideration of the premises and for the purpose aforesaid,does here•y grant,bargain,sell and
<br /> convey unto the said Public Trustee in trust forever,the above described Pledged Prope .
<br /> To have and to hold the same,together with all appurtenances, in trust nevertheless,t i at 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 advertisi g notice of said sale eekly for not less than
<br /> four weeks in some newspaper of general circulation in said Coun ,shall sell said Pledg,• Property in the manner
<br /> provided by law in effect at the time of filing said notice and dem d,at public auction fo cash,at any proper
<br /> place designated in the notice of sale. Out of the proceeds of said s le,the Public Trustee shall retain or pay first
<br /> all fees,charges and costs and all moneys advanced for taxes, insur nce and assessments,or on any prior
<br /> encumbrance,with interest thereon and pay the principal and interest due on said Promiss•ry Note,rendering the
<br /> overplus,if any,unto the Grantor;and after the expiration of the time of redemption,the 'ublic Trustee shall
<br /> execute and deliver to the purchaser a deed to the Pledged Property sold. The Benefici. may purchase said
<br /> Pledged Property or any part thereof at such sale. 1
<br /> The Grantor covenants that at the time of the delivery of these presents, it is well se ,d of the Pledged
<br /> Property in fee simple,and has full power and lawful authority to grant,bargain, sell and ,onvey the same in the
<br /> manner and form as aforesaid. The Grantor fully waives and releases all rights and claim it may have in or to said
<br /> Pledged Property as a Homestead Exemption or other exemption, now or hereafter provid-d by law. The Grantor
<br /> further covenants that the Pledged Property is free and clear of all liens and encumbrance• 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 claim ng or to claim the whole
<br /> or any part thereof.
<br /> Until payment in full of the indebtedness,the Grantor shall ti ely pay all taxes and ;ssessments levied on the
<br /> Pledged Property; any and all amounts due on account of the pri cipal and interest or ether sums on any senior
<br /> encumbrances, if any; and will keep the Pledged Property insured i accordance with the requirements of the Loan
<br /> Contract. In the event of the sale or transfer of the Pledged Prope ,the Beneficiary,at i s option,may declare the
<br /> entire balance of the note immediately due and payable.
<br /> Page 1 of 3
<br /> Contract Number:CT2019-2099
<br /> Appendix 6
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