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<br /> Reception #: 1158923 7/18/2019 11:41:45 AM
<br /> La Plata County Recorder, Tiffany Parker Page 1 of 3
<br /> Rec Fee: $23.00 Doc Fee: $0.00 AIM
<br /> APPENDIX 6, DEED OF TRUST
<br /> Date: May 13,2019
<br /> Grantor: Florida Consolidated Ditch Company
<br /> Beneficiary: Colorado Water Conservation Board
<br /> County: La Plata
<br /> Total Loan Amount: $1,085,750.00
<br /> Loan Contract Number: CT2019-2034
<br /> Terms of Repayment: 1.80%per annum interest for 30 years
<br /> Pledged Property: An undivided one-hundred percent interest in the Intake Pond,Hess Lateral
<br /> Pipeline,and Turnouts The Hess Lateral location is described as follows(from
<br /> headgate to end of Seale Extension):
<br /> Starting at the headgate at a point in the NW 1/4,NE 1/4 of Section 5,T33N,
<br /> R9W,N.M.P.M., 0 feet from the north section line and 2,250 feet from the east
<br /> section line(UTMs X:247046 Y:4114217 NAD 83 Zone 13)the ditch travels
<br /> west into the NW '/4 of section 5. The ditch then continues SSW into the SE 1/4
<br /> of section 6 T33N, R9W,then travels south across the E 'h of sections 7 and 18
<br /> T33N, R9W. The ditch terminates at a point in the SE '/4 of section 18,T33N,
<br /> R9W,N.M.P.M., 0 feet from the south section line and 1,635 feet from the east
<br /> section line,(UTMs X:245592 Y:4109424 NAD 83 Zone 13).
<br /> This indenture is between the Grantor,and the Public Trustee of the above referenced County,State of Colorado
<br /> ("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 loan
<br /> in the Total Loan Amount to be repaid to the Beneficiary,with Terms of Repayment and 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 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 and
<br /> 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 /> Contract Number:CT2019-2034
<br /> Appendix 6
<br /> Page 1 of 3
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