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<br />RECEPTION NO. F 1:325437
<br />9/26/2001 8,53;35 PG, 001-004
<br />PAGE fEE' 20.00 DOC.fEE, 0.00
<br />RECORDED IN JEFFERSON COUNTY, COLORADO
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<br />Deed of Trust
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<br />This indenture, made this 21st day of September 2001, between The Consolidated Mutual Water
<br />Company, a Colorado nonprofit corporation, whose address is P.O. Box 150068, Lakewood, Colorado
<br />80215, hereinafter referred to as GRANTOR, and the Public Trustee of the County of Jefferson, State of
<br />Colorado, hereinafter referred to as PUBLIC TRUSTEE, . 1/
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<br />Witnesseth, that whereas, GRANTOR has executed a Promissory Note in the principal sum of Four
<br />Million Three Hundred Thirty Three Thousand Dollars ($4,333,000) dated September 21, 2001, as set
<br />forth in Contract No, C150011, as amended, to be repaid to the STATE OF COLORADO for the use and
<br />benefit of the Department of Natural Resources, Water Conservation Board, whose address is 1313
<br />Sherman Street, Room 721, Denver, Colorado 80203, payable in 10 annual installments, in accordance
<br />. ~ith the terms of the Promissory Note, or until the loan is paid in full. .
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<br />And whereas, the GRANTOR is desirous of securing payment of the principal and interest of said
<br />promissory note to the State of Colorado.
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<br />Now, therefore, 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 forever, to wit: an
<br />undivided one hundred percent (100%) interest in Fairmount Reservoir located in Jefferson County, State of
<br />Colorado, as more thoroughly described on attached legal description, collectively or hereinafter referred to
<br />as the "Property,"
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<br />To have and to hold the same, together with all and singular the privileges and appurtenances
<br />thereunto belonging: In Trust nevertheless, that in case of default in the payment of said note, or any part
<br />thereof, or in the a ment of the int . "
<br />payment of any prior encumbrances, principal or interest, if any, or in case default shall be made in or in
<br />case of violation or breach of any of the terms, conditions, covenants or agreements contained in the
<br />Contract, the beneficiary hereunder may declare a violation of any of the covenants contained in the
<br />Contract and elect to advertise said Property for sale, and demand such sale by filing a notice of such
<br />election and demand for sale with the PUBLIC TRUSTEE. Upon receipt of such notice of election and
<br />demand for sale, the PUBLIC TRUSTEE shall cause a copy of the same to be recorded in the recorder's
<br />office of the county in which said Property is situated, it shall and may be lawful for the PUBLIC TRUSTEE to
<br />sell and dispose of the same (en masse or in separate parcels, as the said PUBLIC TRUSTEE may think
<br />best), and all. the right, title and interest of the GRANTOR, its successors or assigns therein, at public
<br />auction at such time and at such location as shall be designated in the PUBLIC TRUSTEE's Notice of Sale,
<br />for the highest and best price the same will bring in cash, four weeks public notice having been previously
<br />given of the time and place of such sale, advertisement once each week for five consecutive weeks, in
<br />some newspaper of general circulation at that time published in said county, a copy of which notice shall
<br />be mailed within ten days from the date of the first publication thereof to the GRANTOR at the address
<br />herein given and to such person or persons appearing to have acquired a subsequent record interest in
<br />said Property at the address given in the recorded instrument; where only the county and state is given as
<br />the address then such notice shall be mailed to the county seat, and to make and give to the purchaser of
<br />the Property at such sale, a certificate in writing describing the Property purchased, and the sum paid
<br />therefor, and the time when the purchaser (or other person entitled thereto) shall be entitled to the deed
<br />therefor, unless the same shall be redeemed as is provided by law; and said PUBLIC TRUSTEE shall, upon
<br />demand by the person holding the said certificate of purchase, when said demand is made, or upon
<br />demand by the person entitled to a deed to and for the Property purchased, at the time such demand is
<br />made, the time for redemption having expired, make and execute to such person a deed to the Property
<br />purchased, which said deed shall be in the ordinary form of a conveyance, and shall be signed,
<br />acknowiedged and delivered by the said PUBLIC TRUSTEE and shall convey and quitclaim to such person
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<br />Attachment D to Contract C150011 Amendment No.2
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