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<br />3033208 02118/2003 12:40P Weld County, CO
<br />1 01 2 R 11.00 0 0.00 Steve Moreno Clerk & Recorder
<br />
<br />DATE:
<br />GRANTOR:
<br />BENEFICIARY:
<br />COUNTY:
<br />PRINCIPAL LOAN AMOUNT:
<br />LOAN CONTRACT:
<br />TERMS:
<br />COLLATERAL:
<br />
<br />Deed of Trust
<br />
<br />November 1, 2002
<br />THE LARIMER AND WELD IRRIGATION COMPANY
<br />COLORADO WATER CONSERVATION BOARD
<br />WELD
<br />$1,000,000
<br />Loan Contract No. C150109, dated November 1, 2002
<br />Interest of 2.75% per annum and repayment period of 30 years
<br />Eleven check structures listed below with the name of the structure and
<br />the location (all in Weld County, 6~ PM, State of Colorado) all located
<br />along the Larimer and Weld Ditch also kno......n as the Eaton Ditch:
<br />(1) Finley, at NEl4 Sec. 34 TlN R67W, (2) Hurrich at NW/4 Sec 29
<br />TlN R66W, (3) Mont90mery at NEl4 See 34 TlN R66W, (4) Loeffler at
<br />SW/4 Sec 22 TlN R66W, (5) Magnuson at SEl4 Sec 22 TlN R66W, (6)
<br />Town Boyd at NW/4 Sec 23 TlN R66W, (7) West 85 at NW/4 Sec 24
<br />TlN R66W, (8) East 85 at NW/4 Sec 24 TlN R66W, (9) Clark at SEl4
<br />Sec 18 TlN R65W, (10) Walpole at NEl4 Sec 9 TlN R65W, (11) Last at
<br />NW/4 Sec 10 TlN R66W
<br />This indenture is between the GRANTOR, and the Public Trustee of the above referenced
<br />COUNTY, State of Colorado ("PUBLlC TRuSTEE"),
<br />Factual Recitals
<br />1. The GRANTOR has executed a Promissory Note of even date and amount, set forth in the LOAN
<br />CONTRACT, for a loan in the PRINCIPAL LOAN AMOUNT to be repaid to the BENEFICIARY, with terms as
<br />shown above and in accordance with the Promissory Note or until loan is paid in full.
<br />2. The GRANTOR is desirous of securing payment of the PRINCIPAL LOAN AMOUNT and interest of said
<br />Promissory Note to the BENEFICIARY.
<br />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, the above described
<br />COLLATERAL.
<br />To have and to hold the same, together with all appurtenances, in trust nevertheless, that in
<br />case of default in the payment of said Promissory Note, or any part thereof, or the interest thereon, or
<br />in the performance of any covenants hereinafter set forth or in said Promissory Note or LOAN
<br />CONTRACT, then upon the BENEFICIARY filing notice of election and demand for sale, said PUBLIC
<br />TRUSTEE, after advertising notice of said sale weekly for not less than four weeks in some newspaper
<br />of general circulation in said COUNTY, shall sell said eOLLATERAL in the manner provided by law in
<br />effect at the time of filing said notice and demand, at public auction for cash, at any proper place
<br />designated in the notice of sale. Out of the proceeds of said sale, the PUBLIC TRUSTEE shall retain or
<br />pay first all fees, charges and costs and all moneys advanced for taxes, insurance and assessments,
<br />or on any prior encumbrance, with interest thereon and pay the principal and interest due on said
<br />Promissory Note, rendering the overplus, if any, unto the GAANTOR; and after the expiration of the
<br />time of redemption, the PUBLIC TRUSTEE shall execute and deliver to the purchaser a deed to the
<br />COLLATERAL sold. The BENEFICIARY may purChase said eOLLATERAL or any part thereof at such sale.
<br />The GRANTOR covenants that at the time of the delivery of these presents, it is well seized of
<br />
<br />Appendix 5 to Loan Contract C1501 09
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