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<br />,~ <br />)J <br />\J <br />~ <br /> <br />" <br /> <br />7/28/2000 9:43:17 PG: 001-003 <br />l"AGE Ft" '., 15.00 DOC.FEE: 0.00 <br />RECORDE, iN JEFFERSON COUNTY, COLORADO <br />Amended Deed of Trust <br /> <br />Originally recorded on December 28,1999, Reception No, P0996885, 5 pages <br /> <br />'. <br /> <br />This indenture, made this:<b .Jh day of h IZ- I l-/ 2000, between The Consolidated <br />Mutual Water Company, a Colorado nonprofit corporation, whose address is PO. Box 150068, <br />Lakewood, Colorado 80215, hereinafter referred to as GRANTOR. and the Public Trustee of the County <br />of Jefferson, State of Colorado, hereinafter referred to as PUBLIC TRUSTEE, <br /> <br />Witnesseth, that whereas, GRANTOR has executed a Promissory Note, which is a part of <br />Contract No. C150011, as amended by Contract Amendment No.1 (the Contract) for a loan in the <br />principal sum of Sixteen Million Three Hundred Thousand Dollars ($16,300,000) to be repaid to the <br />STATE OF COLORADO or the use and benefit of the Department of Natural Resources, Water <br />Conservation Board, whose address is 1313 Sherman Street, Room 721, Denver, Colorado 80203, <br />payable in 10 annual installments, in accordance with the terms of the Promissory Note, or until the <br />loan is paid in full. This deed of trust is amended to reflect a total loan amount of $16,300,000. <br /> <br />And whereas, the GRANTOR is desirous of securing payment of the principal and interest of <br />said promissory note to the State of Colorado. <br /> <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 2,841/40 shares in The Agricultural Ditch and Reservoir <br />Company evidenced by Certificate No. 5803. The shares represent the Grantor's pro rata interest in the <br />water rights described in attached Exhibit A, 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 appurtenances <br />thereunto belonging: In Trust nevertheless: that in case of. , or any <br />e payment of the interest thereon. according to the tenor and effect of said note or <br />in the payment of any prior encumbrances, principal or interest, if any, or in case default shall be made <br />in or in case of violation or breach of any of the terms, conditions, covenants or agreements contained <br />in the Contract, the beneficiary hereunder may declare a violation of any of the covenants contained in <br />the Contract and elect to advertise said Property for sale, and demand such sale by filing a notice of <br />such election and demand for sale with the PUBLIC TRUSTEE. Upon receipt of such notice of election <br />and demand for sale, the PUBLIC TRUSTEE shall cause a copy of the same to be recorded in the <br />recorder's office of the county in which said Property is situated, it shall and may be lawful for the <br />PUBLIC TRUSTEE to sell and dispose of the same (en masse or in separate parcels, as the said PUBLIC <br />TRUSTEE may think best), and all the right, title and interest of the GRANTOR, its successors or assigns <br />therein, at public auction at such time and at such location as shall be designated in the Puauc <br />TRUSTEE's Notice of Sale, for the highest and best price the same will bring in cash, four weeks public <br />notice having been previously given of the time and place of such sale, advertisement once each week <br />for five consecutive weeks, in some newspaper of general circulation at that time published in said <br />county, a copy of which notice shall be mailed within ten days from the date of the first publication <br />thereof to the GRANTOR at the address herein given and to such person or persons appearing to have <br />acquired a subsequent record interest in said Property at the address given in the recorded instrument; <br />where only the county and state is given as the address then such notice shall be mailed to the county <br />seat, and to make and give to the purchaser of the Property at such sale. a certificate in writing <br />describing the Property purchased, and the sum paid therefor, and the time when the purchaser (or <br />other person entitled thereto) shall be entitled to the deed therefor, unless the same shall be redeemed <br />as is provided by law; and said PUBLIC TRUSE2 shall. upon demand by the person holding the said <br />certificate of purchase, when said demand is made, or upon demand by the person entitled to a deed <br />to and for the Property purchased, at the time such demand is made, the time for redemption having <br /> <br />/l <br />\,J <br /> <br />Attachment 3 to Contract C'\5GG'\ '\ Amendment No, '\ <br /> <br />,rc" I"~." ~~>~~ ._-y . <br />