PROJ00469

• Contract/PO #: C153837
• Contractor Name: Chatfield South Water District
• Contract Type: Loan
• Water District: 8
• County: Douglas
• Bill Number: HB 98-1189
• Loan Projects - Doc Type: Contract Documents

(-C:

Doug las C. ,nty, CO 0Hl1 '3312
$ 15.00 .' 3 P
B 1984 P 344 - 03/12/01 13'26
CAROLE R. MURRAY Cle~k & Reco~d~~

Deed of Trust

OCOI019312

This indenture, made this ~ day of r E 11. 2001, between the Chatfield South Water
District, a quasi,municipal corporation, whose address is P. O. Box 474, Littleton, Colorado 80160,0474,
hereinafter referred to as GRANTOR, and the Public Trustee of the County of Douglas, State of Colorado,
hereinafter referred to as PUBLIC TRUSTEE,

Witnesseth, that whereas, GRANTOR has executed a Promissory Note dated March 19, 1999, which
is a part of Loan Contract No, C153837 dated March 19, 1999 (the Contract), for a loan in the principal sum of
$500,000,00 to be repaid to the State of Colorado for the use and benefit of the Department of Natural
Resources, Water Conservation Board, whose address is 1313 Sherman Street, Room 721, Denver, Colorado
80203, with interest thereon from the date of first disbursement of funds under the Contract payable in 20 'l f)
annual installments, in accordance with the terms of the Promissory Note, or until loan is paid in full. Jr

And whereas, the GRANTOR is desirous of securing payment of the principal and interest of said
promissory note to the State of Colorado.

Now, therefore, the GRANTOR, in consideration of the premises and for the purpose aforesaid, does
hereby grant, bargain, sell and convey unto the said PUBLIC TRUSTEE in trust forever, to wit: 34.20 acre,feet of
Antero Reservoir water, evidenced by' Antero Reservoir Certificate No. 1039, and 1 share of Warrior Ditch
Company water representing 13 to 20 acre,feet of water, evidenced by Warrior Ditch Company Certificate No.
496, collectively or hereinafter referred to as the "Property."

To have and to hold the same, together with all and singular the privileges and appurtenances
thereunto belonging: In Trust nevertheless, that in case of default in the payment of said note, or any part
thereof, or in the payment of the interest thereon, according to the tenor and effect of said note or in the
payment of any prior encumbrances, principal or interest, if any, or in case default shall be made in or in case
of violation or breach of any of the terms, conditions, covenants or agreements contained in the Contract, the
beneficiary hereunder may declare a violation of any of the covenants contained in the Contract and elect to
advertise said Property for sale, and demand such sale by filing a notice of such election and demand for sale
with the PUBLIC TRUSTEE, Upon receipt of such notice of election and demand for sale, the PUBLIC TRUSTEE
shall cause a copy of the same to be recorded in the recorder's office of the county in which said Property is
situated, it shall and may be lawful for the PUBLIC TRUSTEE to sell and dispose of the same (en masse or in
separate parcels, as the said PUBLIC TRUSTEE may think best), and all the right, title and interest of the
GRANTOR, its successors or assigns therein, at public auction 'at such time and at such location as shall be
designated in the PUBLIC TRUSTEE'S Notice of Sale, for the highest and best price the same will bring in cash,
four weeks public notice having been previously given of the time and place of such sale, advertisement once
each week for five consecutive weeks, in some newspaper of general circulation at that time published in said
County of Douglas, a copy of which notice shall be mailed within ten days from the date of the first publication
thereof to the GRANTOR at the address herein given, to the Denver Water Department Attn: Legal Division, 1600
West 12'h Avenue, Denver, Colorado 80254, and to such person or persons appearing to have acquired a
subsequent record interest in said Property at the address given in the recorded instrument; where only the
county and state is given as the address then,such notice shall be mailed to the county seat, and to make and
give to the purchaser of the Property at such sale, a certificate in writing describing the Property purchased,
and the sum paid therefor, and the time when the purchaser (or other person entitled thereto) shall be entitled
to the deed therefor, unless the same shall be redeemed as is provided by law; and said PUBLIC TRUSTEE shall,
upon demand by the person holding the said certificate of purchase, when said demand is made, or upon
demand by the person entitled to a deed to and for the Property purchased, at the time such demand is made,
the time for redemption having expired, make and execute to such person a deed to the Property purchased,
which said deed shall be in the ordinary form of a conveyance, and shall be signed, acknowledged and
delivered by the said PUBLIC TRUSTEE and shall convey and quitclaim to such person entitled to such deed, the
Property purchased as aforesaid and all the right, title, interest, benefit and equity of redemption of the
GRANTOR, its successors and assigns made therein, and shall recite the sum for which the said Property was
sold and shall refer to the power of sale therein contained, and to the sale made by virtue thereof; and in case
of an assignment of such certificate of purchase, or in case of the redemption of the Property, by a subsequent
encumbrancer, such assignment or redemption shall also be referred to in such deed; but the notice of sale
need not be set out in such deed and the PUBLIC TRUSTEE shall, out of the proceeds or avails of such sale, after
first paying and retaining all fees, charges and costs of making said sale, pay to the beneficiary hereunder the
principal and interest due on said note according to the tenor and effect thereof, and all moneys advanced by
such beneficiary or legal holder of said note for insurance, taxes and assessments, with interest thereon at ten