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<br />Recorded aI.
<br />ReceplionN.
<br />
<br />........~----~o.c1oc:k_rJ..
<br />;
<br />
<br />.\.--
<br />10"",
<br />
<br />DEED OF TRUST
<br />
<br />nns INDENTURE, Made this
<br />....." CARYL R. CARROLL
<br />
<br />dayof' August
<br />
<br />.1994
<br />
<br />whoscaddressis P.O. Box 219
<br />Cocoa, FL 32923-0219
<br />hereinafter rdcrred to as lranler. and lhe Public TNStee of the .Countyof
<br />RIO BLANCO , State of Colorado. hereinafler refened to as Public Trustee.
<br />WITNESSE'IlI, THAT. WHEREAS,
<br />CARYL R. CARROLL
<br />haseJ.eaIleU a promi$SOl)' noceotnolC5, hercinaflCr"referrcd 10 in lhe singular. bcaring even dale herewith. ferlhc principal sum of Fifty
<br />Thousand-----------------------------------------------------DoIIan. payable to the ofder of
<br />STATE of COLORADO for the USE & BENEFIT of the COLORADO WATER CONSERVATION BOARD
<br />whose ~ss is 1313 Sherman Street, Room 721
<br />Denver, CO 8020~
<br />
<br />IIthe~ot two
<br />interest over twenty
<br />
<br />-.perocnl per annum. payable
<br />(20) years.
<br />
<br />after lhe date hc;rco(. with interest thereon from the date lherebf
<br />annual installments of principal and .
<br />
<br />L._.
<br />
<br />AND WHEREAS. The gr1Intorisdesirousofsecuring paymc:nl of the principal and interest of said promissory note in whose hands SOCVCflhe said
<br />note ot any oflhem may be. i
<br />Now. THEREFORE. The grantor. in con,ideration of !he premises and fotthepurposc aforesaid, docs hereby lrant. bargain, sell andCODYCY unto
<br />the said Public Thutee in U'Ust fomocr, !he fallowing described propeny. siruatr: in the County Jf
<br />RIO' BLANCO '_',' . State dColorado, to wit: .
<br />
<br />.'-',
<br />"~oRiO~R~S 1n;~~est in 703.9 acre-feet of water rights adjudicated to the DD&E
<br />ReBervo~r ~de~ieed a~ follows: an undivided 200.4 acre-feet adjudicated '
<br />J:0/26/1!t!i,: ~rior:(,.y{ 43A, and an undivided 503.5 acre-feet adjudicated 9/01U961
<br />priority 7~ aTr of which is located in 52 & 53, T2N R92W 6PM, Rio Blanco
<br />County.
<br />
<br />also krwwn by street and number as
<br />
<br />I
<br />II
<br />
<br />:~
<br />
<br />TO HAVEANDTO HOLDthcSlml:. togethcfwithall andsingularthepri.vi1cgcsandappuncn.ance5 thel'CUmobclonging: InThJstnevcnhcless. lhatin
<br />case of dcfauh in the payment of said IIOIC or any oflhem, or any pan lhereof, or In the payment oflbc mtcn:st thereon, according to the tenor and effect d said
<br />IIOIC ot any oflhcm. ot in the payment of any prior encumbr.nces, principal ot i~. if any, ot in case acfaull shall be made in or in case ofviolation
<br />ot ~ti d any of the tcmJs. conditions. COIl\IC:MJII5 or agrecmcnl5 herem contamed. the beneficiary hereunder ot the legal holder of the indcblCdness
<br />secured hereby may declare a violation ofany dllle ~nanu he,:in conlained and deel to advenise said propcny forsale and demand such sale. then,
<br />upon filing notice of such election and demand for ,ale With the Publ~ 1his~, "".he shall uilOl! ~eipl of ~uch nOlite of elcction and demand for sale cause a
<br />alpy of the same lObe recon1cd in the recorder's ofTicedlhe CQUnly In whICh said real estalc IS SItuated. It shall and maybe lawful for the PublicTruslCC: to
<br />sell and dispose of the same (en masse or in ~ p~s, as the said Publi~ 'Dustee may think best~ and all the right. tit1c and intetCSt, Of the
<br />grantor. his heirs or assigm therein, II public auctlOll II such tlnlC and ~ such .'ocal!()~115 shall be designated In the Public 'Irustcc:'s Notice ofSale,-rorthc
<br />highest and best price Ihe same will bring in c;Sh, four weeks public notlte havmg been previously given of the time and place of such sal!, by
<br />adveniscment, weekly. in some newspaper of gellenl circulation II that t!me. published in said County of RIO BLANCO , a alp)' of !!
<br />II whith notice shall be mailed within tcn days from the date of the first publKlllon thereof to the grantot at the address herein given and to such person or
<br />pcrwns appearing 10 have acquired a subsequent record in~resl in said real estate at lhe addtCSS given in the recorded instrumenl; where only the county
<br />and slate is given as the address then such notice shll! ~ mailed 10 lhecounty scat, and 10 make and give 10 thepurchaserorpurchascrs of such propeny at
<br />II' such sale. a cenificale ot cenificates in wriling desrnblT~g such property purchased.. and the sum or sums paid therefot. and the lime when lhe purchaser ot
<br />purchascn (otother peDOll entitled lherelo) shall tIC enlltled 10 I ~eed ot de~s Ihc.reror, unless I.he same shall be miec:med 15 is provided by law: and said j I
<br />Public Trustee shall. upon demand by the person or persons holdmg the said cenlficate orccnlficates of purchase, when said demand is made, otupon
<br />demand by the peDOll entitled 10 adeed to and fot tile propeny purc.ha.'lCd. at the time such dem.and is made, the time rorredemplion having e"pired. make ' I
<br />and Cllecute to such person ot persons a deed or deeds 10 the said propeny purchased, whICh said deed or deeds shall be in the ordinary rorm of . : I'
<br />conveyance. and shall be signed, acknowledged and delivered by the said Public Trostee and shall convey and quitclaim 10 such perwn or persons entitled I
<br />10 such deed, lOt said property purchased as afores-aid a~ all the righi, litle. inlercst, benefil and equity of redemption oflhe granlot, his heirs arid assigns
<br />therein, and shall recite the sum or sums for whith the Slid propeny was sold and shall rererto the power of sale therein corllained, and to the sale or sales I
<br />made by vinue thereof; and in case of an assignment ~ such cenificale or cenili~ates of purchase, or in case of the redemption of such propeny, by a
<br />subsequent encumbrancer, such assignment or redt:mpllOll shall also ~ rererrcd to In such deed ot da:ds: bUllhe_ notice of sale need not be set out in such
<br />d~ or deeds and the Public. Truster: shall, out oftfle proceeds ot ava.ils of such sa~, ~ter first.paying and relain.mg all fees, charges and com of making 1,[1,
<br />said sale. pay to lhe benefiCiary hereunder or the leg~1 holder of Slid note the P!"nclpal and ,Interest due on said ROle according 10 the tenot and effect
<br />therrof, and aU moneys advanced by such benefiCiary or legal holder of said note for Insurance, tues and assessmenlS, with interest thereon I
<br />al five percc:nl pcrannum. rendering tOt overplus,.if any. unto the granlot, ~isle!!al representatives or assigns; which sale or sales and said deed III
<br />ordced, so made shall be a perpelual bar. both in law and eqully, agauutthe granlor. his heirs and assigns, and all other personsdaiming the said property.
<br />or any part thercor. by. from.. Iltrough or under the Branlor. ot any of them. The holder or holden ofsaid nOte: or nOles may purchase said propc:rly or any
<br />pan lhereof.and il shall no! beobJigatory upon the I'Drchascror purch:L'lCrsat any such sale to see lothe appJicationofthe purch."e money If a rcleascdeed I",
<br />be~ulrcd.lIlsagn:edthallhegranIOf.hlsheusotl:SSlgll5.wlllpaylheCllpc:nscthcreo~ __ _. _ _ ,
<br />: - --",. Ii
<br />l~~"~~"~':~~od<-- : _==~==:__ __~___~__j
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<br />No, 3418. R,ev.I2-85. DEED OFTIl:UST (Public Tru_l Wllhoul t>u.....S...CI.".. 0 ~
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