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<br />?cp,?' <br /> <br />Amended Deed of Trust <br /> <br />To Amend Deed of Trust dated August 18, 2000 <br /> <br />Recorded Octoboer 10, 2000, Reception No. 2799287, <br /> <br />4 Pages, Weld County <br /> <br />This indenture, made this 1 st day of March 2001, between the Jackson Lake Reservoir and <br />Irrigation Company, whose address is P,O, Box 38,. Fort Morgan Colorado, 80701, hereinafter referred to <br />as GRANTOR, and the Public Trustee of the County of Weld, State of Colorado, hereinafter referred to as <br />PUBLIC TRUSTEE, <br /> <br />Witnesseth, that whereas, GRANTOR has executed a promissory note, of even date and amountset <br />forth in Contract No, C150043, dated August 22, 2000, as amended on March 1, 2001 (the Contract) for a <br />loan in the principal sum of $389,700 to be repaid to the STATE OF COLORADO for the use and benefit of <br />the Department Of Natural Resources, Water Conservation Board, whose address is 1313 Sherman Street, <br />Room 721, Denver, Colorado 80203, with interest thereon from the date of first disbursement of funds <br />under the Contract .at the effective interest rate of 4% per annum, payable in 30 annual installments, in <br />accordance with the terms of the Promissory Note, or until loan is paid in full. This Deed of Trust is <br />amended to revise the increased loan amount of $389,700. . <br /> <br />And whereas, the GRANTOR is desirous of securing payment of the principal and interest of said <br />promissory note to the State of Colorado. <br /> <br />Now, therefore, 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 forever, to wit: The <br />headgate of the Jackson Lake Reservoir and Irrigation company, located at a point on the North Bank of <br />the South Platte River 900 feet South and 200 feet West of the center of the Southeast Quarter (SE1/4) <br />of Section 18, Township 4 North, Range 61 West of the 6th P,M., Weld County, Colorado, collectively or <br />hereinafter referred to as the "Property," <br /> <br />To have and to hold the same, together with all and singular the privileges and appurtenances <br />thereunto belonging: In Trust nevertheless, that in case of default in the payment of said note, or any part <br />thereof, or in the payment of the interest thereon, according to the tenor and effect of said note or in the <br />payment of any prior encumbrances, principal or interest, if any, or in case default shall be made in or ii1 <br />case of vioiation or breach of any of the terms, conditions, covenants or agreements contained in the <br />Contract, the beneficiary hereunder may declare a vioiation of any of the covenants contained in the <br />Contract and elect to advertise said Property for sale, and demand such sale by filing a notice of such <br />election and demand for sale with the PUBLIC TRUS-rEE. Upon receipt of such notice of election and <br />demand for sale, the PUBLIC TRUSTEE shall cause a copy of the same to be recorded in the recorder's <br />office of the county in which said Property is situated, it shall and may be lawful for the PUBLIC TRUSTEE to <br />sell and dispose of the same (en masse or in separate parcels, as the said PUBLIC TRUSTEE may think <br />best), and all the right, title and interest of the GRANTOR, its successors or assigns therein, at public auction <br />at such time and at such location as shall be designated in the PUBLIC TRUSTEE'S Notice of Sale, for the <br />highest and best price the same will bring in cash, four weeks public notice having been previously given of <br />the time and place of such sale, advertisement once each week for five consecutive weeks, in some <br />newspaper of general circulation at that time published in said county, a copy of which notice shall be <br />mailed within ten days from the date of the first publication thereof to the GRANTOR at the address herein <br />given and to such person or persons appearing to have acquired a subsequent record interest in said <br />Property at the address given in the recorded instrument; where only the county and state is given as the <br />address then such notice shall be mailed to the county seat, and to make and give to the purchaser of the <br />Property at such sale, a certificate in writing describing the Property purchased, and the sum paid therefor, <br />and the time when the purchaser (or other personentitiedthereto) shall be entitled to the deed therefor, <br />unless the same shall be redeemed as is provided by law; and said PUBLIC TRUSTEE shall, upon demand <br />by the person holding the said certificate of purchase, when said demand is made, or upon demand by the <br />person entitied to a deed to and for the Property purchased, at the time such demand is made, the time for <br />redemption having expired, make and execute to such person a deed to the Property purchased, which <br /> <br />Attachment 4 to Contract C150043 Amendment No.1 <br />111111I111111111111111111111111I11111111111111111111111 <br /> <br />.....n........n ....'..~lnnn.. n..."I:D 1ft ~1I1ti T(\lllt'2mntn <br />