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<br />Recordcdat
<br />ReceptiooNo,
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<br />o'clock_M..
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<br />111111I1111I111111 11I1 1111111111 111111111I11111 11111111
<br />527328 08/04/1999 11,17A 8837 P345 LM.ero.kon
<br />1 .f 2 R 10,00 D 0.00 Delt. Cty, CO Clerk & Re.
<br />
<br />AMENDED DEED OF TRUST
<br />
<br />THIS INDENTURE. Made this
<br />
<br />1st day of
<br />Military
<br />
<br />April ,19 99 ,between
<br />Park Reservoir Company
<br />
<br />whose address is
<br />
<br />2380 N. Road~ Eckert, CO 81418
<br />
<br />hereinafter refcrred 10 as grantor, and the Public Thlslee oflhe .80(1Otyof
<br />Del tf5tate of Colorado, hcreinafter referred to as Public Trustee,
<br />WITNESSETH, THAT, WHEREAS, Grantor
<br />
<br />has execuled a promissory note or notes, hereinafier referred 10 in the-singular, dated April 1. 1999
<br />principal sum of $29,515.28
<br />payable to the order of State of Colorado for the use and benefit of the
<br />Colorado Water Conservation Board
<br />whose address is 1313 Sherman St.. Rm. 721, Denver, CO 80203
<br />
<br />after the date heroof. with interest thereon from the date thereof
<br />allhe rate of four percent per annum, payable in annual installments of _principal and
<br />interest over thirty (30) years.
<br />
<br />.
<br />
<br />,forthe
<br />
<br />Dollars,
<br />
<br />AND WHEREAS, the grantor is desirous ofsecuring payment of the principal and interest of said promissory note in whose hands soever the said
<br />note maybe.
<br />NOW THEREFORB, the grantor, in consideration of the premises and for the purpose aforesaid, does hereby grant, bargain, sell and convey unto
<br />the said Public 1hJstee in trust forever. (he following described property, situate in thc County of
<br />Del ta ,Slate of Colorado, to wit:
<br />
<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
<br />acre feet.
<br />
<br />And water decree for Military Park Reservoir in Case #2395, Water
<br />Division #4. adjudication dates December 31, 1974 and -December 31, 1973,
<br />for 115.6 acre feet.
<br />
<br />To amend Deed of Trust originally recorded in Delta County, Sate of
<br />Colorado, on August 9, 1996 (No. 497989," Book 764, Page 903-04), to
<br />reflect a reduced loan amount of $29,515.28.
<br />
<br />also known by street and Dumber as
<br />TO HAVE AND TO HOLD the same, logetherwilh aU andsingularthe privileges and appurtenances thereunto belonging: In trust nevertheless,that
<br />in case of defimlt in lhe payment of said notCl or My part thereof, or in thCl payment of the interest thereon according to the tenor and elfect of said note, or in
<br />the paymcnt ohny prior encumbrances, principal or interest, irany, or in casedefuult shall be made in or in case ofviolation or breach of any of the tenns,
<br />conditions, covenants or agreements herein conlained, the benelichtf}' hereunder or the legal holder of the indebtedness secured bereby may dedare a
<br />violation of any of thCl covenants herein contained and may elect to advertise said property fot sale, and demand such sale by liIin! a notice of election and
<br />demand for llale with tbe Public 1hJsteo. Upon receipt of 8uch notice of election and demand for sale, the Public Trustee shall cause a copy of the same to be
<br />recorded in the recorder's office ofthe county in which said property is siluattd, The Public Trustee shall then give public notice ofthe time and place of sale
<br />by advertisement to be publiShed for four weeks(onceeach week for live successive weeks) in some newspapcrofgeneral circulation at that time publishtd
<br />in the county OTcounties in which &aid property it located. Acopy of such noticeShall be mailed within ten days afterthedateofthefirst publication thereof
<br />to the grantor at the address glven herein, to such persons appearing to have aCQ.u.lred asubs equentrecord interest in said property at 1he address given inthe
<br />recorded instrument, and to any other persons as may be providcd by law..It shall and may then be lawful for the Public Thlstee to sell said property for the
<br />highest and best price the same will bring in cash and to dispose of the SlIme (en masse or in separate parcels, as the said Public Trustee may think best).
<br />together witb aU the right, title and interest uftbe grantor therein, at public auction at any place as may be specified by statute and designattd in the notice of
<br />sale. The Public Tru&tce shall make and give to the purcltaser ohuoo property at such sale, a certificate in writing oontaining; a description ofsucb property .
<br />purchased; the sum paid therefor, a statement that said purchaser shall be entitltd to a deed therefor.l,lnless the same shall be redeemed as is provided by
<br />law; and in the event of a continual\C(l ofthe sale, a recital that the sale was duly continued. The Public Trustee shall. upon demand by the person holding the
<br />said certificate of purchase, when said demand is made or upon demand by the person entitled to a deed to and for the property purchased at the time such
<br />demand is made, the time for redemption having expired, make and execute tosuch person a deed to the said property purchased. Said deed shilll be in the
<br />ordinary form of a conveyance, and shall be signed, acknowledged and delivered by the said Public Trustee aud shall co!llirm the foreclosurc sale and sell aod
<br />convey to such person entitltd to such deed, the property purchased as aforesaid and aU the right, tille, interest, benefit and equity of redemption of the
<br />grantor therein, The Public Thlstee shall, out of the proceeds or avails of such sale, aficr first paying and retaining all fees. charges and costs of making said
<br />sale, pay to the beneficiary hereunder or the legal bolder of said note, tbe principDl and interest due on said note according to the tenor and elfect thereof, and
<br />all moneys advanced by such beneficiary or legal holderofsaid note for insurance, taxes and assessments, with interest thereon at e1gh t percent per
<br />annum, rendering the overplus, ifany, unto those persons entltltd themoas a matteroflaw, Said sale and said deed so made shall be aperpetuaJ bar, both in
<br />law and equity, against the grantor and aU other persons claiming the said property, or anYJYlrI Ihereof, by, from, through or under the grantor. The holdcrof
<br />said note may purchase said property or any part thereof; and it shall not be obligatory upon the purchaser at any such sale to sec to the application of the
<br />purchase money.
<br />
<br />'Ifin Dcnver, insert "Cilyand".
<br />
<br />.
<br />
<br />No. 3'IA. I AttachmentB to Loan Contract No. C153683 Amendment 1 iW
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