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<br />643019
<br />Bernard J.
<br />
<br />01/04/2000 08:43A B: 986 P: 842
<br />Gonzales - Laa Animas Count v Recorder
<br />
<br />Deed of Trust
<br />
<br />This indenture, made this 1" day of January 2000, between City of Trinidad, whose address is 135 N.
<br />Animas, Trinidad, Colorado, 81082, hereinafter referred to as GRANTOR, and the Public Trustee of the County
<br />of Las Animas, State of Colorado, hereinafter referred to as PUBLIC TRUSTEE,
<br />
<br />Witnesseth, that whereas, GRANTOR has executed a promissory note, set forth in Contract No.
<br />C153362, dated August 15, 1981, ("Contract"), for a loan in the principal sum of $465,000.00, to be repaid
<br />to the STATE OF COLORADO for the use and benefit of the Department of Natural Resources, Water
<br />Conservation Board, whose address is 1313 Sherman Street, Room 721, Denver, Colorado, 80203, payable
<br />in 30 annual installments, in accordance with said Promissory Note, or until loan is paid in full.
<br />
<br />And whereas, the GRANTOR is desirous of securing payment of the principal and interest of said
<br />Promissory Note to the State of Colorado.
<br />
<br />Now, therefore, the GRANTOR, in consideration of the premises and for the purpose aforesaid, does
<br />hereby grant, bargain, sell and convey unto the said PUBLIC TRUSTEE in trust forever, to wit:
<br />
<br />A 100% undivided interest in the portions of the City of Trinidad's facilities listed below:
<br />
<br />1. Backwash trough wall, consisting of one wall plug, approximately 8"x18"x18" at each present
<br />backwash trough open, for a total of nine wall plugs.
<br />2. Filter overflow modifications.
<br />3. Twelve (12) backwash troughs,
<br />4. Two 400'gpm pumps.
<br />5. Two 600-gpm pumps.
<br />6. Four surface wash agitators.
<br />7. A 166-foot 20-inch steel pipe and fittings.
<br />8, Ten 20.inch butterfly valves.
<br />9, A 5900-gpm 20-inch inline mixer.
<br />10. A 5900-gpm 20-inch flow tube,
<br />11. A 750'pound/day unit line feeder.
<br />12. A 1 ,500-pound/day alum feeder unit.
<br />13. A l-gpm fluoride feed pump.
<br />14. A 5.foot 8.inch steel pipe and fittings.
<br />(Collectively or hereinafter referred to as the "Property").
<br />
<br />To have and to hold the same, together with all and singular the privileges and appurtenances
<br />thereunto belonging: In Trust nevertheless, that in case of default in the payment of said note, or any part
<br />thereof, or in the payment of the interest thereon, according to the tenor and effect of said note or in the
<br />payment of any prior encumbrances, principal or interest, if any, or in case default shall be made in or in case
<br />of violation or breach of any of the terms, conditions, covenants or agreements contained in the Contract, the
<br />beneficiary hereunder may declare a violation of any of the covenants contained in the Contract and elect to
<br />advertise said Property for sale, and demand such sale by filing a notice of such election and demand for sale
<br />with the PUBLIC TRUSTEE. Upon receipt of such notice of election and demand for sale, the PUBLIC TRUSTEE shall
<br />cause a copy of the same to be recorded in the recorder's office of the county in which said Property is
<br />situated, it shall and may be lawful for the PUBLIC TRUSTEE to sell and dispose of. the same (en masse or in
<br />separate parcels, as the said PUBLIC TRUSTEE may think bestl, and all the right, title and interest of the
<br />GRANTOR, its successors or assigns therein, at public auction at such time and at such location as shall be
<br />designated in the PUBLIC TRUSTEE'S Notice of Sale, for the highest and best price the same will bring in cash,
<br />four weeks public notice having been previously given of the time and place of such sale, advertisement once
<br />each week for five consecutive weeks, in some newspaper of general circulation at that time published in said
<br />County of Las Animas, a copy of which notice shall be mailed within ten days from the date of the first
<br />publication thereof to the GRANTOR at the address herein given and to such person or persons appearing to
<br />have acquired a subsequent record interest in said Property at the address given in the recorded instrument;
<br />where only the county and state is given as the address then such notice shall be mailed to the county seat,
<br />and to make and give to the purchaser of the Property at such sale, a certificate in writing describing the
<br />Property purchased, and the sum paid therefor, and the time when the purchaser (or other person entitled
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