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<br />111I111111111111111111111~IIIII~l~IJJuIMI!lllll\ 1111
<br />099 ,3017099 12/20/2002 0 oo~.OJ~ "Suki" Tsukamoto
<br />- 1 01 4 R 21.00 D. .,
<br />DEED OF TRUST
<br />
<br />This indenture, made this 1" of February 2000, between the City of Greeley, Colorado,
<br />whose address is 1000 10t" Street, Greeley, Colorado 80631 hereinafter referred to as GRANTOR,
<br />and lhe Public Trustee of the County of Weld, State of Colorado, hereinafter referred to as PUBLIC
<br />TRUSTEE,
<br />
<br />Witnesseth, that whereas, GRANTOR has executed a promissory note, dated February 1,
<br />2000, set forth in Contract No, C153507, as amended ("Contract") for a loan in the principal sum
<br />of $1,095,156,00 to be repaid to the STATE OF COLORADO for the use and benefit of the
<br />Department of Natural Resources, Water Conservation Board, whose address is 1313 Sherman
<br />Street, Room 721, Denver, Colorado 80203, with interest thereon from the date of first
<br />disbursement of funds under the Contract at the interest rate of 5,00% per annum, payable in
<br />minimum annual Installmenls of $78,045,00 for a term of 25 years, in accordance with 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
<br />of said promissory note to the State of Colorado.
<br />
<br />Now, therefore, the GRANTOR, in consideration of the premises and for the purpose
<br />aforesaid, does hereby grant, bargain, sell and convey unto the said PUBLIC TRUSTEE in trust
<br />forever, to wit: an undivided one-half interest in and to all easements and rights-of-way
<br />appurtenant thereto, all improvements thereon, and all other physical and legal features known
<br />as Comanche Reservoir, together with all inlet and outlet structures, ditches, spillways, and
<br />structures appurtenant thereto or used in connection therewi,th, as more completely described
<br />on Attachment 1, (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
<br />appurtenances thereunto belonging: In Trust nevertheless, that in case of default in the payment of
<br />said note, or any part thereof, or in the payment of the interest thereon, according to the tenor and
<br />effect of said note or in the payment of any prior encumbrances, principal or interest, if any, or in case
<br />default shall be made in or in case of violation or breach of any of the terms, conditions, covenants or
<br />agreements contained in the Contract, the beneficiary hereunder may declare a violation of any of the
<br />covenants contained in the Contract and elect to advertise said Property for sale, and demand such
<br />sale by filing a notice of such election and demand for sale with the PUBLIC TRUSTEE. Upon receipt of
<br />such notice of election and demand for sale, the PUBLIC TRUSTEE shall cause a copy of the same to be
<br />recorded in the recorder's office of the county in which said Property is situated, it shall and may be
<br />lawful for the PUBLIC TRUSTEE to sell and dispose of the same (en masse or in separate parcels, as the
<br />said PUBLIC TRUSTEE may think best), and all the right, title and interest of the GRANTOR, its successors
<br />or assigns therein, at public auction at such time and at such location, as shall be designated in the
<br />PUBLIC TRUSTEE'S Notice of Sale, for the highest and best price the same will bring in cash, four weeks
<br />public notice having been previously given' of the time and place of such sale, advertisement once
<br />each week for five consecutive weeks, in some newspaper of general circulation at that time published
<br />in said County of Weld, a copy of which notice shall be mailed within ten days from the' date of the first
<br />publication thereof to the GRANTOR at the address herein given and to such person or persons
<br />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
<br />mailed 10 the county seat, and to make and give to the purchaser of the Properly at such sale, a
<br />certificate in writing describing the Properly purchased, and the sum paid therefor, and the time when
<br />
<br />Exhibit 2 to Loan Contract C153507 Amendment No.2
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