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<br />Deed of Trust
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<br />1936+85 01/2>/00 0940AM
<br />!10NIK."': T!)f)[j ClK&REC i'tE'Z11 C(,UNTY (:(!
<br />RECFEE $15.00
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<br />BOOK2b73
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<br />PAGE'50 1
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<br />This indenture, made this 12th day of January 2000, between the Ute Water Conservancy District, whose
<br />address is P,O, Box 460, Grand Junction, Colorado 81502, hereinafter referred to as GRANTOR, and the Public
<br />Trustee of the County of Mesa, Slate of Colorado, hereinafter referred to as PUBUC TRUSTEE,
<br />
<br />WltJiesseth, that whereas, GRANTOR has executed a promissory note, set forth in Contract No. CI53329,
<br />dated September 15, 1980, as amended, ("Contract"). for a loan in the principal sum of $985,000,00, to be repaid to
<br />the STATE OF COLORADO for the use and benefit of the Department of Natural Resources, Water Conservation
<br />Board, whose address is 1313 Sherman Street, Room 721, Denver, Colorado, 80203, payable in 40 annual
<br />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 Promissory
<br />Note to the Slate of Colorado.
<br />
<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:
<br />
<br />An undivided 100% interest in the following:
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<br />1. 4.839 acres of land, described as follows:
<br />
<br />Beginning at a point from whence the NY. Comer of Section 19, T1S, R1W, Ute
<br />Meridian, bears N 35. 31' 21" E 1029.94 feet and considering the North line of the
<br />NWY. NEY. of said Section 19 to bear N 89" 39' 34" E with all bearings herein
<br />relative thereto: thence N 45" 55' 30" W 6:05.91 feet; thence S 44. 04' 30" W 400.0
<br />feet; thence S 45. 55' 30" E 835.91 feet; thence N 44. 04' 30" E 68.81 feet; thence N
<br />45" 55' 30" W 208.71 feet; thence N 440 04' 30" E 208.71 feet; thence S 450 55' 30"
<br />E 208.71 feet, thence N 440 04' 30" E 122.48 feet to the point of beginning,
<br />containing 4.839 acres more or less,
<br />
<br />2. A five-miUion-gallon water tank with all appurtenances located on the above 4.839 acres of land.
<br />3. A 24-inch diameter steel pipe 2690 1: feet In length, with all appurtenances.
<br />4. An altitude valve and vault connected to the system.
<br />5. A 12-inch diameter asbestos cement pipe, 284 1: feet In length, with all appurtenances.
<br />6. A 24-inch diameter steelyard pipe, 64 !: feet in length. with all appurtenances.
<br />(Collectively or hereinafter referred to as the "Property").
<br />All items in Paragraphs 3 through 6, above, are located in Section 19, T1S, R1W, Ute Principal Meridian.
<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
<br />payment of the Interest thereon, according to the tenor and effect of said note or in the payment of any prior
<br />encumbrances, principal or interest, if any, or in case default shall be made in or in case of violation or breach of any
<br />of the terms, conditions, covenants or agreements contained in the Contract, the benefICiary hereunder may declare a
<br />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
<br />notice of election and demand for sale, the PUBLIC TRUSTEE shall cause a copy of the same to be recorded in the
<br />recorder's office of the county in which said Property is situated, it shall and may be lawful for the PUBLIC TRUSTEE
<br />to sell and dispose of the same (en masse or in separate parcels, as the said PUBLIC TRUSTEE may think best), and
<br />all the right, title and interest of the GRANTOR, its successors or assigns therein, at pUblic auction at such time and at
<br />such location as shall be designated in the PUBLIC TRUSTEE's Notice of Sale, for the highest and best price the
<br />same will bring in cash, four weeks public notice having been previously given of the time and place of such sale,
<br />advertisement once each week for five consecutive weeks, in some newspaper of general circulation at that time
<br />published in said County of Mesa, a copy of which notice shall be mailed within ten days from the date of the first
<br />publication thereof to thethe GRANTOR at the address herein given and to such personor persons appearing to have
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