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<br />RCPTN # 2001043082 06/05/2001 10:45:00 # PAGES - 4 FEE -
<br />M RODENBERGER RECORDER, LARIMER COUNTY CO STATE DOC FEE -
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<br />$20.00
<br />$.00
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<br />Amended Deed of Trust
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<br />Original Deed of Trust, dated October 23, 1996,
<br />recorded December 9,1996, Reception No. 96087784, Larimer County, Colorado
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<br />This indenture, made this 1" day of April 2001, between the Windsor Reservoir and Canal Company, whose
<br />address is P. O. Box 106, Eaton, Colorado 80615, hereinafter referred to as GRANTOR, and the Public Trustee of the
<br />County of Larimer, State of Colorado, hereinafter referred to as PUBLIC TRUSTEE,
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<br />Witnesseth, that whereas, GRANTOR has executed a promissory note in the amount of $2,357,000 dated April
<br />1, 2001, set forth in Contract #C153725 dated October 23, 1996, and amended on April 1 , 2001 (the Contract) for a
<br />loan in the principal sum of $2,357,000 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 Street, Room 721, h \
<br />Denver, Colorado 80203, with interest thereon from the date of substantia! completion of the project at the effective V
<br />interest rate of 4.08% per annum, payable in 30 annual installments, in accordance with the terms of the Promissory
<br />Note of said Contract, or until loan is paid in full. The parties amend this deed of trust to reflect the increased
<br />loan amount of $2,357,000.00 and to include additional collateral as shown below.
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<br />And whereas, the GRANTOR is desirous of securing payment of the principal and interest of said promissory
<br />note to the State of Colorado.
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<br />Now, therefore, 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, to wit: (1) the diversion structure of the
<br />Poudre Valley Canal on the Poudre River located in the Northwest Y. of Section 15, Township 8 North, Range 70
<br />West, 6~ PM, (2) Cobb Lake located in the East Y, of Section 23, the West Y, of Section 24, the Northeast Y. of
<br />. Section 26 and the Northwest Y. of Section 25, Township 8 North, Range 69 West, 6th P.M., (3) Annex NO.8 located
<br />in the Northeast Y. of Section 24 and the Southeast Y. of Section 13, Township 8 North, Range 69 West, 6th P.M. and
<br />the Northwest Y. of Section 19, Township 8 North, Range 68 West, 6th P.M., (4) Elder Reservoir located in the
<br />Northeast Y. of Section 19, the Northwest Y. of Section 20, Township 8 North, Range 68 West, 6th P.M., and (5)
<br />Windsor Reservoir No.8 located in the Northeast Y. of Section 24 and the Southeast Y. of Section 13, Township 8
<br />North, Range 69 West, 6~ P.M. and the Northwest Y. of Section 19, Township 8 North Range 68 West, 6th P.M.,
<br />collectiveiy or hereinafter referred to as the "Property."
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<br />To have and to hold the same, together with all and singular the privileges and appurtenances thereunto
<br />belonging: In Trust nevertheless, that in case of default in the payment of said note, or any part thereof, or in the
<br />payment of the interest thereon, according to the tenor and effect of said note or in the payment of any prior
<br />encumbrances, principal or interest, if any, or in case default shall be made in or in case of violation or breach of any
<br />of the terms, conditions, covenants or agreements contained in the Contract, the beneficiary hereunder may declare
<br />a violation of any of the covenants contained in the Contract and elect to advertise said Property for sale, and
<br />demand such 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 recorded in
<br />the recorder's office of the county in which said Property is situated, it shall and may be lawful for the PUBLIC TRUSTEE
<br />to sell and dispose of the same (en masse or in separate parcels, as the said PUBLIC TRUSTEE may think best), and
<br />all the right, title and interest of the GRANTOR, its successors or assigns therein, at public auction at such time and at
<br />such location as shall be designated in the PUBLIC TRUSTEE'S Notice of Sale, for the highest and best price the same
<br />will bring in cash, four weeks public notice having been previously given of the time and place of such sale,
<br />advertisement once each week for five consecutive weeks, in some newspaper of general circulation at that time
<br />published in said county, a copy of which notice shall be mailed within ten days from the date of the first publication
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<br />Attachment 3 to Contract C153725 Amendment No.1
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