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<br />~ <br /> <br />) <br /> <br />DEED OF TRUST <br /> <br />THIS DEED OF TRUST, dated ~+Obe(l. 2.D,tqq:z., between THE CITY OF GREELEY, COLORADO, a <br />Municipal Corporation Organized And Existing Under And By Virtue Of The Laws Of The <br />State Of Colorado, the grantor herein, whose address is 1000 Tenth Street, Greeley <br />County of Weld and the State of Colorado, and the PUBLIC TRUSTEE of the State in <br />which the property described below is situated, in the State of Colorado, <br /> <br />Witness: <br /> <br />The grantor, to secure a promissory note or notes, hereinafter referred to in the <br />singular, for the total principal sum of Two Hundred Fifty Thousand Dollars <br />($250,000), payable to the order of COLORADO WATER CONSERVATION BOARD. A State Board <br />or Department of Natural Resources Of the State Of Colorado, 721 state Centennial <br />BUilding, 1313 Sherman Street, Denver, Colorado 80203, with interest thereon at tile <br />rate of FIVE (5) percent per annum, principal and interest payable In Constant Annual <br />Installments of Twenty-Four Thousand Eighty-Six Dollars ($24.086) Each For Fifteen <br />(15) Years Beginning The First Day Of The Month Next Succeeding The Month In Which The <br />State Determines The Project Substantially Completed does hereby grant and convey unto <br />said Public Trustee the followin9 described property, situate in the County of <br />Larimer, State of Colorado, to wit: <br /> <br />All that certain Reservoir known as the Big Beaver Reservoir located in <br />Sections Seven (7) and Eighteen (18), Township Seven (7) North, Range <br />Seventy-three (73) West of the 6th P.M. and Section Twelve (12) and Thirteen <br />(13) Township Seven (7) North, Range Seventy-four (74) West of the 6th P.M. <br />and together with all dams, embankments, inlet ditches, outlet gates, and <br />outlet ditches, and all improvements, constructions, easements, and <br />appurtenances connected therewith, including all water and water rights and <br />irrigation privileges thereunto belonging, together with all maps, plats, <br />statements, and filings made therefor, together with Reservoir Priority No. <br />35 1/2 dating from August 9, 1898 and adjudicated to said reservoir by the <br />District Court in and for Larimer County, Colorado, by adjudication dated <br />September 23, 1905 for a storage depth at the dam of thirty-two and one-half <br />(32 1/2) feet, with an estimated capacity of 66,625,000 cubic feet and an <br />area of 64.55 acres by original construction dated August 9, 1898, and <br />Priority No. 41 1/2 dating form August 9, 1901 and adjudicated to said <br />Reservoir by said Court in said decree for an additional estimated capacity <br />of 2,576,000 cubic feet by enlargement dated August 8, 1901, the number of <br />said reservoir priorities having been entered by said District Court by <br />decree dated April 22, 1922, together with the right of ingress and egress <br />in and from said Reservoir for the development, maintenance, and operation <br />thereof as an irrigation proposition and all appurtenances thereto <br />belonging, including the telephone line connecting therewith, and all roads <br />and roadways, nor constructed and used for reservoir purposes; also a strip <br />of land, four hundred (400) feet in width, from the reservoir parallel with <br />and two hundred (200) feet on each side of the outlet thereof; excepting a <br />reservation as to fishing and resort privileges, use of the telephone line <br />and roads, and the right to screen inlet and outlet of said Reservoir so <br />long as such operations do not interfere with the maintenance and operation <br />of and development of said Reservoir as described and contained in a certain <br />deed from the Consolidated Hour Glass Resort and REservoir Company and the <br />Fossil Creek REservoir ;and Ditch Company, dated April 22, 1921, and <br />recorded in Book 353, page 337 of the records of the County Clerk and <br />