|
<br />/r/f)Jf-'
<br />"l'~,/'?>
<br />I 11111I IIIIIIIIIUIII 1111I11 /111111111 11111111 /III/III
<br />55801308/21/2002 10:10A 8938 P207 LMcCracken
<br />1 of 3 R 15.00 D 0.00 Della Cly, CO Clerk & Rec
<br />
<br />DEED OF TRUST
<br />
<br />This indenture, made this May 1, 2002, between the Cedar Mesa Ditch and Reservoir
<br />Company, whose address is 1381 Drive 2420, Cedaredge Co 81413-9364, hereinafter referred
<br />to as GRANTOR, and the Public Trustee of the County of Delta, State of Colorado, hereinafter
<br />referred to as PUBLIC TRUSTEE,
<br />
<br />Witnesseth, that whereas, GRANTOR has executed a promissory note, dated May 1,
<br />2002, set forth in Contract No. C150087 dated May 1, 2002 (the Contract) for a loan in the
<br />principal sum of $100,000 to be repaid to the State of Colorado Water Conservation Board,
<br />whose address is 1313 Sherman Street, Room 721, Denver, ColoradD 80203, with interest
<br />thereon from the date of first disbursement of funds under the Contract at the effective interest
<br />rate of 3.25% per annum, payable in 20 annual installments, in accordance with the terms of the
<br />Promissory Note, or until loan is paid in full.
<br />
<br />And whereas, the GRANTOR is desirous of securing payment of the principal and interest
<br />of said promissory note to the State of Colorado.
<br />
<br />Now, therefore, the GRANTOR, in consideration of the premises and for the purpose
<br />aforesaid, does hereby grant, bargain, sell and convey unto the said PUBLIC TRUSTEE in trust
<br />forever, to wit: the Cedar Mesa Dam and Reservoir located in Section 36, township 11 South
<br />Range 94 West of the 107111 P.M., collectively or hereinafter referred to as the "Property."
<br />
<br />To have and to hold the same, together with all and singular the privileges and
<br />appurtenances thereunto belonging: In Trust nevertheless, that in case of default in the payment
<br />of said note, or any part thereof, or in the payment of the interest thereon, according to the tenor
<br />and effect of said note or in the payment of any prior encumbrances, principal or interest, if any,
<br />or in case default shall be made in or in case of violation or breach of any of the terms,
<br />conditions, covenants or agreements contained in the Contract, the beneficiary hereunder may
<br />declare a violation of any of the covenants contained in the Contract and elect to advertise said
<br />Property for sale, and demand such sale by filing a notice of such election and demand for sale
<br />with the PUBLIC TRUSTEE. Upon receipt of such notice of election and demand for sale, the
<br />PUBLIC TRUSTEE shall cause a copy of the same to be recorded in the recorder's office of the
<br />county in which said Property is situated, it shall and may be lawful for the PUBLIC TRUSTEE to sell
<br />and dispose of the same (en masse or in separate parcels, as the said PUBLIC TRUSTEE may
<br />think best), and all the right, title and interest of the GRANTOR, its successors or assigns therein,
<br />at pUblic auction at such time and at such location as shall be designated in the PUBLIC
<br />TRUSTEE'S Notice of Sale, for the highest and best price the same will bring in cash, four weeks
<br />public notice having been previDusly given of the time and place of such sale, advertisement
<br />once each week for five consecutive weeks, in some newspaper of general circulation at that
<br />time published in said county, a copy of which notice shall be mailed within ten days from the
<br />date of the first publication thereof to the GRANTOR at the address herein given and to such
<br />person or persons appearing to have acquired a subsequent record interest in said Property at
<br />the address given in the recorded instrument; where only the county and state is given as the
<br />address then such notice shall be mailed to the county seat, and to make and give to the
<br />purchaser of the Property at such sale, a certificate in writing describing the Property purchased,
<br />and the sum paid therefor, and the time when the purchaser (or other person entitled thereto)
<br />shall be entitled to the deed therefor, unless the same shall be redeemed as is provided by law;
<br />and said PUBLIC TRUSTEE shall, upon demand by the person holding the said certificate of
<br />purchase, when said demand is made, or upon demand by the person entitled to a deed to and
<br />for the Property purchased, at the time such demand is made, the time for redemption having
<br />expired, make and execute to such person a deed to the Property purchased, which said deed
<br />
<br />Appendix 5 to loan Contract C150087
<br />
|