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<br />99064845 - 07/23/99 11:51 - CAROLE R. MURRAY DOUGLAS CO. COLO. CLERK ~ RECORDER
<br />B1736 - P0091 - $15.00 1/' , -3
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<br />Amended Deed of Trust 3 ?
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<br />To Amend Deed of Trust originally recorded in Douglas County,
<br />State of Colorado, on June 19, 1996 (Book 1347, Page 1733)
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<br />This indenture, made this 1st day of May 1999. between the Castle Pines North Metropolitan District and
<br />the Castle Pines North Metropolitan District Water Activity ~nterprise, whose address is 7404 Yorkshire Drive, Castle
<br />Rock, Colorado 80104. hereinafter referred to as GRANTOR. and the Public Trustee of the County of Douglas, State of
<br />Colorado, hereinafter referred to as PUBLIC TRUSTEE,
<br />
<br />Witnesseth, that whereas, GRANTOR has eXecuted a Promissory Note. which is a part of Loan Contract
<br />No. C153711, as amended (the Contract), for a loan in the principal sum of $255.803.52 to be repaid to the State of
<br />Colorado for the use and benefit of the Department of Natural Resources, Water Conservation Board, whose address is
<br />1313 Sherman Street, Room 721, Denver, Colorado 80203. with interest thereon from the date of first disbursement of
<br />funds under the Contract payable in fifteen (15) annual installments, in accordance with the terms of the Promissory Note,
<br />or until loan is paid in full. This deed of trust is amended to document a reduced loan amount. The original deed of
<br />trust, dated January 31, 1996, was recorded June 19, 1$96 at 800k 1347, Page 1733 with the Douglas County
<br />Clerk and Recorder.
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<br />And whereas, the GRANTOR is desirous of securing payment of the principal and interest of said promissory
<br />note to the State of Colorado.
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<br />Now, therefore, the GRANTOR, in consideration of the premises and for the purpose aforesaid, does hereby
<br />grant, bargain, sell and convey unto the said PUBLIC TRUSTEE in trust forever, to wit: Three water wells described as
<br />follows, all attachments and appurtenances. and the land uPOn which they are located (collectively or hereinafter referred
<br />to as the "Property"): The water wells, described as follow~: Well A-1, Permit #27993-F, in the NE1/4 of the NE1/4,
<br />Section 8, Township 7 South, Range 67 West. 6th P.M.; Well A-2. Permit #28858-F, in the NW1/4 of the SE1/4, Section
<br />4, Township 7 South. Range 67 West, 6th P.M.;.and Well A.3, Permit #27995-F, in the NE1/4 of the SW1/4, Section 9,
<br />Township 7 South, Range 67 West. 6th P.M., together will "II equipment, pumps and casing associated with the wells.
<br />the land upon which they are located. and all of the water rights owned or leased by the Castle Pines North Metropolitan
<br />District and/or the Castle Pines North Metropolitan District Water Activity Enterprise as decreeCl in Case No. 84CW061,
<br />Water Division 1, on July 21, 1987.
<br />
<br />To have and to hold the same, together with all and singular the privileges and appurtenances thereunto
<br />belonging: In Trust nevertheless, that in case of default in the payment of said note, or any part thereof, or in the payment
<br />of the interest thereon. according to the tenor and effect Of said note or in the payment of any prior encumbrances,
<br />principal or interest, if any, or in case default shall be maCle in or in case of violation or breach of any of the terms.
<br />conditions, covenants or agreements contained in the Contract, the beneficiary hereunder may declare a violation of any
<br />of the covenants contained in the Contract and elect to advel1ise said Property for sale. and demand such sale by filing a
<br />notice of such election and demand for sale with the PUBLIC TRUSTEE. Upon receipt of such notice of election and
<br />demand for sale, the PUBLIC TRUSTEE shall cause a copy of the same to be recorded in the recorder's office of the county
<br />in which said Property is situated. it shall and may be lawful for the PUBLIC TRUSTEE to sell and dispose of the same (en
<br />masse or in separate parcels, as the said PUBLIC TRUSTEE may think best). 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 designated in
<br />the PUBLIC TRUSTEE's Notice of Sale, for the highest and be~t price the same will bring in cash, four weeks public notice
<br />having been previously given of the time and place of such sale, advertisement once each week for five consecutive
<br />w~ks. in some newspaper of general circulation at that time published in said County of Douglas, a copy of which notice
<br />'snail be mailed within ten days from the date of the first publication thereof to the GRANTOR at the address herein given
<br />and to such person or persons appearing to have acquired a subsequent record interest in said Property at the address
<br />given in the recorded instrument; where only the county and state is given as the address then such notice shall be
<br />mailed to the county seat, and to make and give to the pUrchaser of the Property at such sale. a certificate in writing
<br />describing the Property purchased. and the sum paid therefor, and the time when the purchaser (or other person entitled
<br />thereto) shall be entitled to the deed therefor. unless the same shall be redeemed as is provided by law; and said PUBLIC
<br />TRUSTEE shall. upon demand by the person holding the said certificate of purchase, when said demand is made. or upon
<br />demand by the person entitled to a deed to and for the Property purchased, at the time such demand is made, the time
<br />for redemption having expired, make and execute to such person a deed to the Property purchased. which said deed
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<br />Attachment B to Loan Contract C153711 Amendment No.1
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