|
<br />,'7 - ~//
<br />" -/~/ /
<br />',.../ v_,
<br />
<br />::beed of J,.u!Jt DC9631443
<br />
<br />THIS INDENTURE. made thi.3P1day of ".1..... 1/1 t>._~ 1996, between CASTLE PINES NORTH METROPOLITAN DISTRICT and
<br />the C.,STLE PINES NORTH METROPOLITAN DISTRICT WATER A TIVITY ENTERPRISE, whose address IS 7404 Yorkshue Drive, Castle Rock,
<br />Colorado 80104, hereinafter referred to as GRANTOR. and the Public Trustee of the County of Douglas, State of Colorado, hereinafter referred
<br />to as PUBLIC TRUSTEE.
<br />
<br />WITNESSETH, THAT, WHEREAS, GRANTOR has executed a promissory note, set forth in Contract #C1S3711 (the "Contract") for
<br />a loan in the principal sum of Three Hundred and One Thousand Five Hundred Dollars ($301,500), payable to the order of the STATE OF
<br />COLORADO for the use and benefit of the Department of Natural Resources. Water Conservation Board, whose address is 1313 Sherman
<br />Street, Room 72', Denver, Colorado 80203, after the date hereof, with interest at the rate of five percent (5%) per annum, payable in fifteen
<br />(15) annual installments, 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 promissory note to the State of
<br />Colorado.
<br />
<br />NOW, THEREFORE, 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 following described property, situated in the County of Douglas Colorado, to
<br />wit: Three water wells described as follows, all attachments and appurtenances, and the land upon which they are located (collectively or
<br />hereinafter referred to as the "Property"): The water wells, described as follows: Well A-l, Permit #27993-F, in the NE/4 of the NE/4, Section
<br />S, To....:r.sl;;p 7 South, Range 67 Weet, 6th P.M., \Ale!! A-2, Peimit #~88S8.F,:n the NW/4 of t:'c SE/4, Section 4, Tc\.vr.ship 7 So:.;th, RGnge
<br />67 West, 6th P.M., and Well A-3, Permit #27995-F, in the NE/4 of the SW/4, Sec1ion 9, Township 7 South, Range 67 Wes1, 6th P.M..
<br />together with all equipment, pumps and casing associated with the wells, the land upon which they are located, and all of the water rights
<br />owned or leased by the Castle North Metropolitan District and/or the Castle Pines North Metropolitan District Water Activity Enterprise as
<br />decreed in Case No. 84CW061, Water Division 1, on July 21,1987.
<br />
<br />a>
<br />N
<br />.-i
<br />.-i
<br />
<br />TO HAVE AND TO HOLD the same, together with all and Singular the privileges and appurtenances thereunto belonging: In Trust
<br />nevertheless, that in case of default in the payment of said note, or any part thereof or in the payment of the interest thereon, according to
<br />the tenor and effect of said note or in the payment of any prior encumbrances, principal or interest, if any, or in case default shall be made
<br />in or in case of violation or breach of any of the terms, conditions, covenants or agreements contained in the Contract, the beneficiary
<br />hereunder may declare a violation of any of the covenants contained in the Contract and elect to advertise said Property for sale, and demand
<br />such sale by filing a notice of such election and demand for sale with the PUBLIC TRUSTEE. Upon receipt of such notice of election and demar.d
<br />for sale, the PUBLIC TRUSTEE shall 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 separate parcels, as the said PUSlIC
<br />TRUSTEE may think best), and all the right, title and interest of the GRANTOR, its successors or assigns therein, at public auction at such time
<br />and a+ such location as shall be designated in the PUBLIC TRUSTEE'S Notice of Sale, for the highest and best price the same will ~it -ir'? in cash,
<br />four weeks public notice having been previously given of the time and place of such sale, adverti~dment once each week for five ccnse;cutive
<br />weeks, in some newspaper of general circulation at that time publiShed in said County ot Douglas, a copy of which notice shall be mailed
<br />within ten days from the date of the first publication thereof to the GRANTOR at the address herein given and to such pe~snn or person~
<br />appearing to have acquired a subsequent record interest in said Property at the address given in the recorded instrurr.ent; where only the
<br />county and state is given as the address then such notice shall be mailed to the county seat, and to make and give to th~ purch<lser c: the
<br />Property at such sale, a certificate in writing describing the Property purchased, and the sum paid therefor, and the time when the purchaser
<br />(or other person entitled thereto) shall be entitled to the deed therefor, unless the same shall be redeemed as is provided by law; and said
<br />PUBLIC TRUSTEE shall, upon demand by the person holding the said certificate of purchase, when said demand is made, or upon demand by
<br />the person entitled to a deed to and for the Property purchased, at the time such demand is made, the time for redemption having expired,
<br />make and execute to such person a deed to the Property purchased, which said deed shall be in the ordinary form of a conveyance. and shdll
<br />be signed, acknowledged and delivered by the said PUBLIC TRUSTEE and shall convey and quitclaim to such person entit(ed to such deed, the
<br />Property purchased as aforesaid and all the right, title, interest, benefit and equity of redemption of the GRANTOR, its heirs and assigns ma~e
<br />therein, and shall recite the sum for which the said Property was sold and shall refer to the power of sale therein contained, and t('l the sale
<br />made by virtue thereof; and in case of an assignment of such certificate of purchase, or in case of the redemption of the Pr:ll1erty, by a
<br />subsequent encumbrancer, such assignment or redemption shall also be referred to in such deed; but the notice ot sale need not be set out
<br />in such deed and the PUBLIC TRUSTEE shall, out of the proceeds or avails of such sale, after first paying and retaining all fees, charges and -:::')sts
<br />of making said sale, pay to the beneficiary hereunder the principal and interest due on said note according to the tenor and effect tnoreof, and
<br />all moneys advanced by such beneficiary or legal holder of said note for insurance, taxes and assessments, with interest t~ereon at ten I)el
<br />cent per annum, rendering the surplus, if any, unto the GRANTOR, its successors or assigns; which sale and said deed so rilade shall be a
<br />perpetual bar. both in law and equity. against the GRANTOR, its SUCCessors and assigns, and all other persons claiming the Property, or any
<br />part thereof, by, from, through or under the GRANTOR, or any of them. The holder of said note may purchase Property or any part thereof;
<br />and it shall not be obligatory upon the purchaser at any such sale to see to the application of the purchase money.
<br />
<br />:O::N
<br />.<J
<br />=>
<br />:0::
<br />::J......
<br />.).-i
<br />:Ll
<br />:0::
<br />~
<br />
<br />~
<br />.<J
<br />-'l
<br />.)
<br />
<br />::J
<br />-'l
<br />::J
<br />:.J
<br />
<br />'::J
<br />:.J
<br />;:JJ
<br /><C
<br />-'
<br />:?
<br />:::>
<br />gg
<br />
<br />Z;O
<br />-.;.-i
<br />;ii'"
<br />,.)
<br /><C
<br /><C
<br />Eo<
<br />'"
<br />;:0::
<br />
<br />~ And the GRANTOR, for itself and its successors or assigns Covenants and agrees to and with the PUBLIC TRUSTEE, that at the time of
<br />2; I the unsealing of and delivery of these presents it is well seized of the Property in fee simple, and has good right, full power and lawful authority
<br />~ fY) to gr3r.t, bargain, sell and co~..tbfl,.;.Sij.tQ.ELiQ~~~~~S aforesaid; hereby fully and absolutely waiving and releasing all rights
<br />~ ~ md claims it may have in or ., said Pr~~,~~~ ~tt~~t,.~ste~~ Ex~~;tion, or other exemption, under and by virtue of any act of the General
<br />rl I\ssembly of the State of Coldrado, or as ~'1't, ~.ft~QJl ,under and b'( virtue of any act of the United States Congress, now existing or which
<br />I p.. nay hereafter be passed in tl;~~ter:\'!?' ,~I:t~e.,.- same is fjee and c1ea~ of all liens and encu~brance~ whatever, and the above
<br />~ I Jargalned Property In the qUi ij,9' WJ2n, of the Pl!~IC TRUSTEE, Its successors and assigns. against all and every person or
<br />.ql r- Jersons lawfully claiming or to clail't(!Uie._~j:lotejl)f:i!ny part thereof, the GRANTOR shall and will Warrant and Forever Defend.
<br />.-i..,.
<br />~;:j ^DDt:l\lnIYf"'
<br />
|