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<br />- <br />. , <br />:: d _~Ar..,;;, OOC~ <br /> <br />BC.OK3278 <br /> <br />PAGE39 <br /> <br />210.297 02/18/03 O.30PM <br />JkNICE WMI\:> CU.!.REC l'1ts,; C('lINT"( Co <br />REeFEE S15.00 SUPCHG s1.00 <br /> <br />Deed of Trust <br /> <br />DATE: November 1, 2002 <br /> <br />GRANTOR: THE lOMA DITCH AND LATERAL COMPANY <br /> <br />BENEFICIARY: COLORADO WATER CONSERVATION BOARD <br /> <br />COUNTY: MESA COUNTY <br /> <br />PRINCIPAL LOAN AMOUNT: $250,235 <br /> <br />lOAN CONTRACT: loan Contract No. C150114, dated November 1, 2002 <br /> <br />TERMS: Interest of 2.75% per annum and repayment period of 30 <br />years <br /> <br />COLLATERAL: An undivided one hundred percent (100%) interest in and <br />to all easements and rights-of-way appurtenant thereto, all <br />improvements thereon, and all other physical and legal <br />features known as the loma lateral Ditch, located in the <br />SE/4 SE/4 of Section 28, E/2 NE/4 of Section 33, NW/4 <br />NW/4 and S/2 of Section 34, Township 2 North, Range 3 <br />West and NE/4 Section 3 of Township 1 North, Range 3 <br />West of the Ute Meridian, Mesa County, Colorado, together <br />with all gates, easements, ditches, canals, rights-of.way and <br />all other structures, appliances, fixtures and other property <br />of whatsoever kind and description used in connection with <br />the operation of said lateral ditch. <br /> <br />This indenture is between the GRANTOR, and the Public Trustee of the above <br />referenced COUNTY, State of Colorado ("PUBLIC TRUSTEE-), <br /> <br />Factual Recitals <br /> <br />1. The GRANTOR has executed a Promissory Note of even date and amount, set forth <br />in the lOAN CONTRACT, for a ioan in the PRINCIPAL LOAN AMOUNT to be repaid to the <br />BENEFICIARY, with terms as shown above and in accordance with the Promissory <br />Note or until loan is paid in full. <br /> <br />2. The GRANTOR is desirous of securing payment of the PRINCIPAL lOAN AMOUNT and <br />interest of said Promissory Note to the BENEFICIARY. <br /> <br />The GRANTOR, in consideration of the premises and for the purpose aforesaid, <br />does hereby grant, bargain, sell and convey unto the said PUBLIC TRUSTEE in trust <br />forever, the above described COLLATERAL. <br /> <br />To have and to hold the same, together with all appurtenances, in trust <br /> <br />Appendix 5 to Loan Contract C150114 <br />