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<br />- <br /> <br />097 <br /> <br /> <br />111111I1111111111111111111I1111111111111111111111111111 <br />3017097 12/20/2002 04:06P Weld County, CO <br />1 01 3 R 16.00 0 0.00 J.A. "Suki" Tsukamoto <br /> <br />Deed of Trust <br /> <br />DATE: December 1,2002 <br /> <br />GRANTOR: KERN RESERVOIR AND DITCH COMPANY <br /> <br />BENEFICIARY: COLORADO WATER CONSERVATION BOARD <br /> <br />COUNTY: WELD COUNTY <br /> <br />PRINCIPAL LOAN AMOUNT: $1,000,000 <br /> <br />LOAN CONTRACT: Loan Contract No. C150112, dated December 1,2002 <br /> <br />TERMS: Interest of 5.10% per annum and repayment period of 30 <br />years <br /> <br />COLLATERAL: An undivided one hundred percent (100%) interest in and <br />to all easements and rights-of-way appurtenant thereto, all <br />improvements thereon, and all other physical and legal <br />features known as the Kern Reservoir (also known as <br />Windsor Lake) located in the East Half of Section 17 and <br />Section 16, Township R North, Raflge 67 'vVest or the 6~' <br />P.M" Weld County, Colorado, together with all dams, <br />embankments, gates, easements, ditches, canals, rights-of- <br />way and all other structures, appliances, fixtures and other <br />property of whatsoever kind and description that are used in <br />connection with the operation of said reservoir and the <br />storage. <br /> <br />This indenture is between the GRANTOR, and the Public Trustee of the above <br />referenced COUNTY, State of Colorado ("PUBLIC TRUSTEE"), <br /> <br />Factual Recitals <br /> <br />1. The GRANTOR has executed a Promissory Note of even date and amount, set forth <br />in the LOAN CONTRACT, for a loan in the PRINCIPAL LOAN AMOUNT to be repaid to the <br />BENEFICIARY, with terms as shown above and in accordance with the Promissory <br />Note or until loan is paid in full. <br /> <br />2. The GRANTOR is desirous of securing payment of the PRINCIPAL LOAN AMOUNT and <br />interest of said Promissory Note to the BENEFICIARY. <br /> <br />The GRANTOR, in consideration of the premises and for the purpose aforesaid, <br />does hereby grant, bargain, sell and convey unto the said PUBLIC TRUSTEE in trust <br />forever, the above described COLLATERAL. <br /> <br />Appendix 5 to Loan Contract C150112 <br /> <br />. <br />