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<br />Deed of Trust
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<br />This Indenture. made this 1" day of September 1999, between the City of Louisville, whose addressis
<br />749 Main Street, Louisville, Colorado, 80027, hereinafter referred to as GRANTOR. and the Public Trustee of
<br />the County 01 Boulder, State 01 Colorado, hereinafter referred to as PUBLIC TRUSTEE,
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<br />Witnesseth, that whereas, GRANTOR has executed a promissory note, set forth in Contract No.
<br />C153412, dated August 1, 1983, as amended, I"Contract"). for a loan in the principal sum of
<br />$1,588,270,73, to b. repaid to the STATE OF COLORADO for the use and benelit of the Department of
<br />Natural Resources, Water Conservation Board, whose address is 1313 Sherman Street, Room 721, Denver,
<br />Colorado, 80203, payable in 40 annual installments, in accordance with said Promissory Note, or until loan is
<br />paid in lull,
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<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.
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<br />Now, therefora, the GRANTOR, in consideration of the premises and lor the purpose aforesaid, does
<br />hereby grant, bargain, sell and convey unto the said PuBUC TRUSTEE in trust forever, to wit:
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<br />An undivided fifty percent (50%) interest in the following components 01 the Harper Lake, located in
<br />the West half of Section 7, Township 1 South, Range 69 West of the 6'" Principal Meridian, Boulder
<br />County, State of Colorado:
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<br />1. Harper Lake dam embankment, between stations 0 + 00 to 24 + 00, consisting of the following
<br />materials:
<br />a. 68,770:!: cubic yards of pervious fill.
<br />b. 73,100:!: cubic yards of impervious fill.
<br />c. 6,800:!: cubic yards of gravel bedding.
<br />d. 13,600:!: cubic yards of riprap.
<br />e. 1,700 J: cubic yards 01 roadbase.
<br />2. A 36-inch CMP Spillway about 45 J: feet long in the most northeastern corner of the reservoir
<br />embankment and about 1380 feet east of 80'" Street and 550 leet south of the Hillborough West
<br />subdivision. '
<br />3. 650:!: acre-feet of water storage within the present Harper Lake reservoir, storage created by the
<br />removal of 1,080,100 J: cubic yards of dirt in the Harper reservoir area.
<br />4. 1700:!: feet of 36-inch RCP around the western shoreline.
<br />5. A pumping station and associated facilities as follows:
<br />a. Two mixed-flow pumps, 20 horsepower each, of a total capacity of 17 :!: cIs.
<br />b. A 15-foot-by-20-foot-sized building to house above-mentioned pumps and other pertinent
<br />appurtenances.
<br />6. The Harper Lake inlet structure with all appurtenances, including 1200:l: leet of 12-inch steel inlet
<br />pipe connected to the existing Eldorado Springs pipeline.
<br />7. A gravity outlet structure with all appurtenances, including 800 :l: feet of 24-inch Rep.
<br />(Collectively or hereinafter referred to as the "Property").
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<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 01 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 01 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 lor 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 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
<br />designated in the PuBLIC TRUSTEE'S Notice of Sale, for the highest and best price the same will bring in cash,
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