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<br />111111I1111111111111111111I1111111111111111111111111111 <br />560142 10/31/2002 03:21P B947 P553 lMcCracken <br />1 of 3 R 16.00 D 0.00 Della Cly, CO Clerk & Rec <br /> <br />Deed of Trust <br /> <br />DATE: November 1, 2002 <br /> <br />GRANTOR: John Eric Niblack DBA Four Seasons Trout Farm <br /> <br />BENEFICIARY: Colorado Water Conservation Board <br /> <br />COUNTY: Delta County <br /> <br />PRINCIPAL LOAN AMOUNT: $85,500 <br /> <br />LOAN CONTRACT: Loan Contract No. C15011 0, dated November 1, 2002 <br /> <br />TERMS: Interest of 2.25% per annum and repayment period of 10 years <br /> <br />COLLATERAL: Tract 1: A tract of land being a part of the Southwest Quarter of <br />the Northwest Quarter (SW1/4 NW1/4) of Section 29, Township 13 South, Range 94 West of <br />the 6th Principal Meridian, described as follows to-wit: Beginning at the Southeast Comer of the <br />Northwest Quarter of the Northwest Quarter of the said Section 29, said Comer being marked <br />by a cedar post with square top projecting about 30 inches above the ground, and running <br />thence South on the subdivision line 89.0 feet to No.2, thence South 880 3' West parallel to the <br />subdivision line 176.88 feet to Corner No.3, thence South 35041' West along the fence line <br />786.33 feet to Comer No.4, thence North 72052' West along the fence line 222.27 feet to <br />Corner No.5, thence North 0011' West along the fence line 639.33 feet more or less to the <br />North line of the subdivision, thence North 8803' East along the subdivision line 850.4 feet more <br />or less to the place of beginning, and containing 7.722 acres more or less <br /> <br />Tract 2: A tract of land being a part of the Northwest Quarter of the Northwest Quarter (NW1/4 <br />NW1/4) of Section 29, Township 13 South, Range 94 West of the 6th Principal Meridian, <br />described as follows to-wit: Beginning at the Southeast Comer of the Northwest Quarter of the <br />Northwest Quarter (NW1/4 NW1/4) of said Section 29, and running thence North on the <br />subdivision line 345.84 feet, thence West, parallel with the South line of the subdivision 314.82 <br />feet to the South line of the said subdivision and thence East on the South line of the said <br />subdivision 314.82 feet to the place of beginning and containing 2.49948 acres more or less. <br /> <br />Together with all ditches and ditch rights, springs and spring rights, Seep Water and Seepage <br />Rights, and all other water and water rights appurtenant to the lands herein conveyed as <br />acquired by the State of Colorado in the following deeds from: J. F. Cole on Dec. 11, 1920, <br />Reception No. 99252; Wilson B. Stockham and Albert H. Stockham on Oct. 8,1926, Reception <br />No. 132955; Mrs. E. M. Rock (Formerly Mrs. E. M. Hammock), L. D. Hammock, L. B. <br />Hammock, Earl G. Hammock, heirs-at-Iaw of J. A. Hammock, deceased; on July 28, 1928, <br />Reception No. 141467; Wilson B. Stockham and Albert H. Stockham on July 30, 1928, <br />Reception No. 140594; and Wilson B. Stockham and Albert H. Stockham on Aug. 27, 1929, <br />Reception No. 140778 as a correction deed to the deed recorded at Reception No. 140594. <br />Also all rights adjudicated to the State of Colorado for a Spring Gathering Line filed March 19, <br />1951, Filing No. 18654, in Water District 40, Irr. Div. 4 for 3.00 c.f.s. with priority No. K-52. <br /> <br />Together with the 1969 decreed water storage right in 3.91 acre feet in the Cedaredge Fish <br />Hatchery Seepage Collection and Storage Area NO.1 and 2.0c.f.s under absolute Fish Culture <br />Priority No. 16. <br /> <br />Appendix 3 to Loan Contract C15011 0 <br />