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<br />Deed of Trust
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<br />C/153 IILI
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<br />rlus Inslmbu-e, made this~ of February 1996, between BILLY S. HOWARD and BRENDA G. HOWARD whose
<br />u address is P. O. Box HH, Meeker, Colorado 81641, hereinafter referred to as GRANTOR, and the Public Trustee of the County
<br />:5 ' of Rio Blanco, State of Colorado, hereinafter referred to as PUBLIC TRUSTEE,
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<br />.... And whereas, the GRANTOR is desirous of securing payment of the princip an intEV~ 01. sjlid.D.romi sory\note to the
<br /><=0 I State of Colorado.. IIIV{ 1I ~
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<br />"'~ . NOW, Ihtrefore, the GRANTOR: in consideratio~ of the premises and for he . A .., _' oes hereby grant.
<br />~ bargain, sell and convey unto the saId PUBLIC TRUSTEE In trust forever, to WIt: S 114 SEll IJJ/:1~'P0?__t!!~lJe.<l!iginal survey,
<br />0'0 the same and identical lands described under the 1908 Government Land Offic eyas I ract .59 lying in section 27,
<br />township 1 north, range 95 west of the 6th P.M., county of Rio Blanco, State of Colorado, containing 40 acres more or less
<br />.... t' and being subject to any easements and rights of way of record, (collectively or hereinafter referred to as the .Property"1.
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<br />ii: g To me II1Id 10 /roLl the same, together with all and singurar tlJe privileges and appurtenances thereunto belonging:
<br />u In Trust nevertheless, that in case of default in the payment of s~i<;l "ote, or any part thereof, orin the payment of the interest
<br />;3 0 thereon, according to the tenor and effect of said note or in the paym,ant of any prior encumbrances, principal or interest,
<br />"'-0 if any, or in case default shall be made in or in case of violation "'r.,breach of any of the terms, conditions, covenants or
<br />C; ~ agreements contained in the Contract, the beneficiary hereunder may ceclare a violation of any of the covenants contained
<br />.... 0 in the Contract and elect to advertise said Property for sale, anll ,del'{1and such sale by filing a notice of such election and
<br />CD '6 demand for sale with the PUBLIC TRUSTEE. Upon receipt of such /lotice of election and demand for sale, the PU~RUSTEE
<br />'" u shall cause a copy of the same to be recorded in the recorder's of'iiq,~Qf the county in which said Property is situated, Ir-shall
<br />~'+-< and may be lawful for the PuBLIC TRUSTEE to sell and dispose of th,\, sarno (en masse or in separate parcels, as the said PUBLIC
<br />00 TRUSTEE may think best), and all the right, title and interest of the13R,\N!OR, its heirs or assigns therein, at public auction at
<br />;;, <1l such time and at such location as shall be designated in the PUBL1C.'r.'lIl?TEE'S Notice of Sale, for the highest and best price
<br />o +' the same will bring in cash, four weeks public notice having beel1' A,eviously given of the time and place of such sale,
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<br />+' advertisement once each week for five consecutive weeks, in some n.eWBpaper of general circulation at that time published
<br />",en in said County of Rio Blanco, a copy of which notice shall be ma~eD.vtit,hin ten days from the date of the first publication
<br />~ thereof to the GRANTOR at the address herein given and to such per~on 01 persons appearing to have acquired a subsequent
<br />I record interest in said Property at the address given in the recorded instr~ment; where only the county and state is given as
<br />Il. the address then such notice shall be mailed to the county seat, anefte, make and give to the purchaser of the Property at
<br />such sale, a certificate in writing describing the Property purchased, and the sum paid therefor, and the time when the
<br />~.!( purchaser (or other person entitled theretol shall be entitled to the deed therefor, unless the same shall be redeemed as is
<br />10 u provided by law; and said PuBLIC TRUSTEE shall, upon demand by the person holding the said certificate of purchase, when
<br />~'5 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 to such person a deed to the Property purchased.
<br />a:: which said deed shall be in the ordinary form of a conveyance, and shall be signed, acknowledged and delivered by the said
<br />.... PUBLIC TRUSTEE and shall convey and quitclaim to such person entitled to such deed, the Property purchased as aforesaid and
<br />~ ~ all the right, title, interest, benefit and equity of redemption of the GRANTOR, its heirs and assigns made therein. and shall
<br />t- s:: recite the sum for which the said Property was sold and shall refer to the power of sale therein contained" and to the sale
<br />~~ made by virtue thereof; and in case of an assignment of such certificate of purchase, or in case of the redemption of the
<br />Property, by a subsequent encumbrancer, such assignment orredemption shall also be referred to in such deed; but the notice
<br />of sale need not be set out in such deed and the PUBLIC TRUSTEE shall, out of the proceeds or avails of such sale, after first
<br />paying and retaining all fees, charges and costs of making said sale, pay to the beneficiary hereunder the principal and interest
<br />due on said note according to the tenor and effect thereof, and all moneys advanced by such beneficiary or legal holder of
<br />said note for insurance, taxes and assessments, with interest thereon at~.f.!,~'71, cent per annum, rendering the surplus. if
<br />any, unto the GRANTOR, its legal representatives or assigns; which sJ)Me.-~~~,so made shall be a perpetual bar, both
<br />in law and equity, against the GRANTOR, its heirs and assigns, and aJt<lthec.p~t:=io~'ctal!l'!ng the Property, or any part thereof,
<br />by, from, through or under the GRANTOR, or any of them. The hOld;lr o!.saia:~te .niay.E.-urchase Property or any part thereof;
<br />and it shall not be obligatory upon the purchaser at any such sall' to.'See to the aI>P.l\catio,n of the purchase money.
<br />And the GRANTOR, for itself and its heirs, personal represen1.jtives or assigns joevenants and agrees to and with the
<br />PUBLIC TRUSTEE, that at the time of the unsealing of and deliverY 't!f:these presents it is,)lVell seized of the Property in fee
<br />simple, and has good right, full power and lawful authority to gr~ilt.."~~~gain, sell ,!nd crjnvey the same in the manner and
<br />form as aforesaid; hereby fully and absolutely waiving and releasinjf:aJ'riQ~~l;lcVclaims it may have in or to said Property
<br />as a Homestead Exemption, or other exemption, under and by vlrt~!,.af"l'i'~;a~t, of ,.the General Assembly of the State of
<br />Colorado, or as any exemption under and by virtue of any act of theVn~~r~tates Congress, now existing or which may
<br />hereafter be passed in relation thereto and that the same is free and clear of all liens and encumbrances whatever, and the
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<br />WIInt5sdh, t1uIt whereas, GRANTOR has executed a promissory note, set forth in Contract #C 15371 Olthe Contract) for
<br />a loan in the principal sum of Twenty Thousand Dollars ($20,0001, to be repaid to the STATE OF COLORADO for the use
<br />. and benefit of 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 fu e Contract
<br />at the rate of 4% per annum, payable in 20 annual installments, in accordance I e terl1Jl(tUlSIiD:l C~3tract, r until loan
<br />is paid in full. RIO BLANCO COUNlY.
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<br />APPENDIX B
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