|
<br />:f::-!",'..:j~L)7 J ~QUI""""" "'.. rol"'.
<br />- - - j 4/19/99 12:05 F,--'~ri\CL:2; R. MUEEA'! L' '\:;:..:,r.":: "'-'-oJ.
<br />31695 - P1428 - 515,00
<br />
<br />C::':' .
<br />,,,",
<br />f
<br />
<br />C~~:''...:.l.\. ,~{
<br />
<br />::-...::(....'..Jr~Ut..t(
<br />1/ 3
<br />
<br />'\
<br />
<br />Deed of Trust DC99033922
<br />
<br />, , This indenture, made this .J( r;1J.-day of J i A f2l',H 1999, between the Chatfield South Water
<br />Dlstnct. a quasi,municipal corporation, whose addreSS is p, 0, Box 474, Littleton, Colorado 80160,0474,
<br />hereinafter referred to as GRANTOR, and the Public Trustee of the County of Douglas, State of Colorado,
<br />hereinafter referred to as PUBLIC TRUSTE:,
<br />
<br />Witnesseth, that whereas, GRANTOR has executed a Promissory Note, which is a part of Loan
<br />Contract No. C153837 (the Contract), for a loan in the principal sum of 5500,000,00 to be repaid to the State of
<br />Coiorado for the use and benefit of the Department Of Natural Resources, Water Conservation Board, whcse
<br />address is 1313 Sherman Street, Room 721, Denver, Cclorado 80203, with interest thereon from the date of first
<br />disbursement of funds under the Contract payable in 20 annual installments, in accordance with the terms of the
<br />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
<br />promissory note to the State of Colorado,
<br />
<br />Now, therefore, the GRANTOR, in consideration of the premises and for the purpose aforesaid, does
<br />hereby grant, bargain, sell and convey unto the said PUBLIC TRUST:: in trust forever, to wit: : 23.54 acre,feet of
<br />Antero Reservoir water, evidenced by Account No, 002430 on the records of the Denver Water Department and by
<br />Antero Reservoir Certificate No. 1037, and 27,39 acre,rights of High Line Canal water, evidenced by Account No.
<br />008940 on the records of the Denver Water Department, (collectively or hereinafter referred to as the "Property").
<br />
<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 thereof,
<br />or in the payment of the interest thereon, according to the tenor and effect of said note or in the payment of any
<br />prior encumbrances, principal or interest. if any, or in ca$e default shall be made in or in case of violation or breach
<br />of any of U18 terms, conditions, covenants or agreement$ contained in the Contract, the beneficiary hereunder may
<br />:': :~s.'o a vioiation of any of the covenants contained in the Contract and elect to advertise said Property for sale,
<br />and demand such sale by filing a notice of such election and demand for sale with the PUBLIC TRUSTEE. Upon
<br />receipt of such notice of election and demand for sale, the PUBLIC TRUSTEE shall cause a copy of the same to be
<br />recorded in the recorde~s office of the county in which $aid Property is situated, it shall and may be lawful for the
<br />PUBLIC TRUSTEE to sell and dispose of the same (en masse or in separate parcels, as the said PUBLIC TRUSTEE
<br />may think best), and all the right, title and interest of the GRANTOR, its successors or assigns therein, at public
<br />auction 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 the
<br />time and place of such sale, advertisement once each week for five consecutive weeks, in some newspaper of
<br />general circulation at that time published in said County of Douglas, a copy of which notice shall be mailed within
<br />ten days from the date of the first publication thereof to the GRANTOR at the address herein given, to the Denver
<br />Water Department Attn: Legal Division, 1600 West 12th Avenue, Denver, Colorado 80254, and to such person or
<br />persons appearing to have acquired a subsequent record interest in said Property at the address given in the
<br />recorded instrument; where only the county and state is given as the address then such notice shall be mailed to
<br />the county seat, and to make and give to the purchaser of the Property at such sale, a cer:ificate in writing
<br />describing the Property purchased, and the sum paid therefor, and the time when the purchaser (or other person
<br />entitled thereto) shall ':a entitled to the deed therefor, unless the same shall be redeemed as is provided by law;
<br />and said PUBLIC TRUSTEE shall, upon demand by the person holding the said certificate of purchase, when said
<br />demand is made, or upon demand by the person entitled to a deed to and for the Property purchased, at the time
<br />such demand is made, the time for redemption having expired, make and execute to such person a deed to the
<br />Property purchased, which said deed shall be in the ordinary form of a conveyance, and shall be signed,
<br />acknowledged and delivered by the said PUBLIC TRUSTEg and shall convey and quitclaim to such person entitled to
<br />such deed, the Property purchased as aforesaid and all the right, title, interest, benefit and equity of redemption of
<br />the GRANTOR, its successors and assigns made therein, and shall recite the sum for which the said Property was
<br />sold and shall refer to the power of sale therein contained, and to the sale made by virtue thereof; and in case of
<br />an assignment of such certificate of purchase, or in case of the redemption of the Property. by a subsequent
<br />encumbrancer, such assignment or redemption shall also be referred to in such deed; but the no,ice of sale need
<br />not be set out in such deed and the PUBLIC TRUSTE: shall, out of the proceeds or avails of such sale, after first
<br />c-':;og and retaining all fees, charges and costs of making said sale, pay to the beneficiar; hereunder the principal
<br />3:;0 interest due on said note according to the tenor and effect thereof, and all moneys advanced by such
<br />beneficiarj or legal holder of said note for insurance, taxes and assessments. with interest thereon at ten per cent
<br />per annum, rendering the surplus, if any, unto the GRANTOR, its legai representatives or assigns; which sale and
<br />
<br />Appendix C(1) to Loan Contract C153837
<br />
|