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<br />497989 08/09/1996 12.35P
<br />Delta County Clerk & Recorder
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<br />lAV/./l!/(.>'/ '.
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<br />B' 764 p, 903
<br />Lela J. McCraoken
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<br />DEED OF TRUST
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<br />THIS INDENTURE, Made this
<br />between Military
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<br />day of August
<br />Park Reservoir Company
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<br />,19 94
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<br />whose address is
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<br />2380 N~ Road, Eckert~ CO 81418
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<br />hereinafter referred to as grantor. and the Public 'lhlstee of the .Countyof
<br />Delta , State of Colorado, hereinafler referred to as Public 'lhlstee.
<br />WITNESSETH, THAT, WHEREAS. Grantor
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<br />has executed a promissory note or noles, hereinafter referred to in the singular. bearing even date herewith, for tbe principal sum of
<br />Thirt.y Thousand - - - - - - - - - - - - - - - - - - - - - Dollars,payabletotheorderof
<br />Stat.e of Colorado for the use and benefit of t.he Colorado Water Conservation BoaF
<br />whose address is 1313 Sherman St.. Room 721, Denver, CO 80203
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<br />,,\",'
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<br />at the rate of four
<br />interest. over thirty
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<br />afler the date hereof. with interest thereon from the date thereof
<br />percent per annum, payable in annual installments of principal and
<br />(30) years.
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<br />AND WHEREAS. The grantor is desirous of securing payment of the principal and interest of said promissory note in whose hands soeverthesaid
<br />note or any oflhem may be.
<br />NOW; THEREFORE, Thegrantor, inconsideration of the premises and forthepurpose aforesaid, does hereby grant, bargain, selland conyeyunto
<br />the said Public 'llustee in trUst forever, the following described property, situate in the County of
<br />Delta . Stale ofCoiorado. to wit:
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<br />Water decree for Military Park Reservoir in Case #457, Water Division #4,
<br />adjudication dates September 28, 1907 and February 17, 1906, for 121 acre
<br />feet.
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<br />And water decree for ',Military Park Reservoir in Case #2395, Water Division
<br />#4, adjudication dates December 31, 1974 and December 31, 1973, for 115.6 acre
<br />feet.
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<br />also known by street and number as
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<br />TO HAVEANDTOHOLDthesame, together with all and singular the privileges and appurtenances thereunto belonging: In'llustnevertheIess, that in
<br />case of default in the payment of said noteor any of them. or any part thereof, orin the paymentoftbe interest tbereon. according to the tenor and effectof said
<br />note or any of them, or in the payment of any prior encumbrances. principal or interest, if any, or in case default shall be made in or in case ofviolation
<br />or breach of any of the tenns, conditions, oonvenants or agreements herem contained. the beneficiary hereunder or the legal holder of the indebtedness
<br />secured hereby may declare a violation of any of the covenants herein contained and elect to advertise said property for sale and demand such sale, tben,
<br />upon filing notice of such election and demand for sale with the Public Thlstee. who shall upon receipt of such notice of election and demand for sale cause a
<br />copy of the same to be recorded in the recorder's office of the county in which said real estate is situated, it shall and may be lawful forthe Public Thlstee to
<br />sell and dispose of the same (en masse or in separate parcels, as the said Public Thlstee may think best), and all the right. title and interest of the
<br />grantor. his heirs or assigns therein, at public auctIon at such time and al such location as shall be designated in the Public Thlstee's Notice of Sale. for the
<br />highest and best price the same will bring in casb, four weeks public notice having been previously given of the time and place of such sale, by
<br />advertisement. weekly, in some newspaper of general circulation at that time published in said County of Delta . a copy of
<br />which notice shall be mailed within ten days from the date of the first publication thereof to the grantor at the address herein given and to such person or
<br />persons aPJX:aring to have acquired a subsequent record interest in said real estate at the address given in the recorded instrument; where only the county
<br />and state IS given ~ the address then such notice shall be mailed to the county seat, and to makeandgiV8tothe purchaserorpurchllSersof 3\lch property at
<br />such sale. a certificate or certificates in wrilingdescribingsuch property purchased. and the sum or sums paid therefor, and the time when the purchaser or
<br />purchasers (or other person entitled thereto) shall be entitled to a deed or deeds therefor, unless the same shall be redeemed as is provided by law; and said
<br />Puhlic 1lustee shall, upon demand by the person or persons holding the said certificate or certificates of purchase. when said demand is made, or upon
<br />demand by thepersonenlitled to adeed to and forthe property purchased. at the time such demand is made. the time for redemption havin$expired. make
<br />and execute to such person or persons a deed or deeds to the said property purchased, which said deed or deeds shall be in the ordmary form of a
<br />conveyance. and shall be signed. acknowledged and delivered by the said PublicThlstee and shall convey and quitclaim to such person or persons entitled
<br />10 such deed, the said property purchased as aforesaid and all the right. title. interest, benefit and equity of redemption of the grantor, his heirs and assigns
<br />therein. and shall recite the sum or sums for which the said property was sold and shall refer to the power of sale therein contained. and to the sale or sales
<br />made by virtue thereof; and in case of an assignment of such certificate or certificates of purchase. or in case of the redemption of such property. by a
<br />subsequent encumbrancer. such assignment or redemplion shall also be referred to in such deed or deeds; but the notice of sale need not be set out in such
<br />deed or deeds and the Public Thlstee shall. out of the proceeds or avails of such sale, after first paying and retaining all fees, charges and costsofmaking
<br />said sale. pay to the beneficiary hereunder or the legal holder of said note the pr incipal and interest due on said note 3Ccording to the tenor and effect
<br />thereof, and all moneys advanced by such beneficiary or legal holder of said note for insurance. taxes and assessments, with interesl thereon
<br />at eight percent per annum. renderin~ thc overplus. ifany. unto the grantor, his legal representatives or assigns; which sale or sales and said deed
<br />or deeds somadeshall be a perpetual bar, both In law and equity, against the grantor. his heirs and assigns. and all otherpersonsc1aimingthe said property.
<br />or any part thereof, by, from, through or under the grantor, or any of them. The holder9r holders of said note or notes may purchase said property or any
<br />part thereof; and it shall not be obligatory upon the pUJ'l:haser or purchasers at any such sale to see to the application ofthe purchase money, If a release deed
<br />be required. it is agreed that the grantor, his heirs or assigns, will pay thee xpenselhereof. .
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<br />*If in Denver. insert "City and,"
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<br />No. 34lB, Rev. 11-8S. DEED OF TRUST (Pubtk Trustu) Wlth""l Due on Sate CllIulle 0
<br />Budford Pobllshing. 1743 WazuSt" Denver. CO 800.02-(303) 292-2500- 3-90
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<br />When recorded, return to
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