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<br />186946 03/12/2001 09:00A B232 P214 K"ollendor
<br />1 of 3 R 15,00 D 0.00 Sedlwlck Counly -
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<br />Amended Deed of Trust
<br />To Amend Deed of Trust dated October 11, 1994.
<br />Recorded 6/7/96, Book 212, Page 424, Filmed 182515,
<br />Sedgwick County, Colorado
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<br />This indenture, made this 1st day of March 2001, between the Julesburg Irrigation District, whose
<br />address is 315 Cedar Street, Julesburg, Colorado 80737, hereinafter referred to as GRANTOR, and the
<br />Public Trustee of the County of Sedgwick, State of Colorado, hereinafter referred to as PUBLIC TRUSTEE,
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<br />Witnesseth, that whereas, GRANTOR has executed a promissory note of even date and amount,
<br />set forth in Contract No. C153604, as amended ("Contract") for a loan in the principal sum of $372,950.79
<br />to be repaid to the ST ATE OF COLORADO for the use and benefit of the Department of Natural
<br />Resources, Water Conservation Board, whose address is 1313 Sherman Street, Room 721, Denver,
<br />Colorado 80203, with interest thereon from the 1st day of July 2000 at the interest rate of 3.5% per annum,
<br />payable in 30 annual installments, in accordance with the Promissory Note, or until loan is paid in full. This
<br />Deed of Trust is Amended to revise the loan amount, interest rate and repayment term.
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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, therefore, the GRANTOR, in consideration of the premises and for the purpose aforesaid,
<br />does hereby grant, bargain, sell and convey unto the said PUBLIC TRUSTEE in trust forever, to wit: an
<br />undivided 100% interest in the Julesburg Dam No.4 and appurtenant structures, as more fully described
<br />on Attachment 1, 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 of 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
<br />case of violation or breach of any of the terms, conditions, covenants or agreements contained in the
<br />Contract, the beneficiary hereunder nay decl3re a '/iolation of any of the covenants contained in the
<br />Contract and elect to advertise said Property for sale, and demand such sale by filing a notice of such
<br />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 recorders
<br />office of the county in which said Property is situated, it shall and may be lawf.ul for the PUBLIC TRUSTEE to
<br />sell and dispose of the same (en masse or in separate parcels, as the said PUBUC TRUSTEE may think
<br />best), and all the right, title and interest of the GRANTOR, its successors or assigns therein, at public auction
<br />at such time and at such location as shall be designated in the PUBLIC TRUSTEE'S Notice of Sale, for the
<br />highest and best price the same will bring in cash, four weeks public notice having been previously given of
<br />the time and place of such sale, advertisement once each week for five consecutive weeks, in some
<br />newspaper of general circulation at that time published in said County of Sedgwick, a copy of which notice
<br />shall be mailed within ten days from the date of the first publication thereof to the GRANTOR at the address
<br />herein given and to such person or persons appearing to have acquired a subsequent record interest in
<br />said Property at the address given in the recorded instrument; where only the county and state is given as
<br />the address then such notice shall be mailed to the county seat, and to make and give to the purchaser of
<br />the Property at such sale, a certificate in writing describing the Property purchased, and the sum paid
<br />therefor, and the time when the purchaser (or other person entitled thereto) shall be entitled to the deed
<br />therefor, unless the same shall be redeemed as is provided by law; and said PUBLIC TRUSTEE shall, upon
<br />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
<br />made, the time for redemption having expired, make and execute to such person II deed to. the Property
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<br />Exhibit 8 to Contract C153604, Amendment No.2
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