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AMENDED DEED OF TRUST <br />TO AMEND DEED OF TRUST ORIGINALLY RECORDED IN CLEAR CREEK COUNTY, <br />STaT~ oF CoLOeano, oN JaNU~Y 8,1999 (192964, B576 P735 DT~ <br />This indenture, made this 4`h of November 1998, between the Town of Georgetown Water and Sewer <br />Acrivity Enterprise, whose address is P.O. Box 426, Georgetown, Colorado 80444, hereinafter referred to as <br />GRANTOR, and the Public Trustee of the County of Clear Creek, State of Colorado, hereinafter referred to as Puat,1C <br />TRUSTEE, is hereby amended to correct the date made and to identify the certificate number of the stock granted <br />herein, <br />Witnesseth, that whereas, GR4?~'TOR h35 execnted a Prcm:ssory PvTOte, which is a part of Contract No. <br />C153738 (the Contract) for a toan in the principal sum of $190,000 to be repaid to the STATE OF COLORADO or <br />the use and benefit of the Department of Natural Resources, Water Conservation Board, whose address is 1313 <br />Sherman Street, Room '721, Denver, Colorado 80203, with interest thereon from the date of first disbursement of <br />funds under the Contract at the effective interest rate of 5.25% per annum, payable in 30 annual installments, in <br />accordance with the terms of the Promissory Note, or until the loan is paid in full. <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. <br />Now, therefore, the GxnNTOtt, in consideration of the premises and for the purpose aforesaid, does hereby <br />grant, bargain, sell and convey unto the said PUSL~c TRUSTEE in tn-st forever, to wit: One and one-half shares of <br />stock of the Farmers I-~igh Line Canal and Reservoir Company, evidenced by Certificate No. 5784. The shares <br />represent the Grantor's pro rata interest in the water rights shown on Attachment A, which is incorporated herein, <br />(except priorities 1 and 48 which are wholly owned by the City of Wesmiinster), that were decreed for irrigarion <br />purposes by decrees dated October 4, 1884 and October 9, 1895, entered by the District Court, Arapahoe County, <br />and by decree dated May 13, 1936, entered by the District Court, City and County of Denver, (collecrively or <br />hereinafter referred to as the "Property"). <br />To have and to hold the same, together with all and singular the privileges and appurtenances thereunto <br />belonging: In Trust nevertheless, that in case of default in the payment of said note, or any part thereof, or in the <br />payment of the interest thereon, according to the tenor and effect of said note or in the payment of any prior <br />encumbrances, principal or interest, if any, or in case default shall be made in or in case of violarion or breach of <br />any of the terms, 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 Property for sale, <br />and demand such sale by filing a notice of such election and demand for sale with the PUBLIC TRUSTEE. Upon <br />receipt of such notice of elecrion and demand for sale, the PusL[C T[tusTEE shall cause a copy of the same to be <br />recorded in the 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 TRUSTEE may <br />think best), and all the right, title and interest of the GxnNTOR, its successors or assigns therein, at public auction at <br />such time and at such location as shall be designated in the PUS[.~C T[tUSTEE's Notice of Sale, for the highest and <br />best price the same will bring in cash, four weeks public notice having been previously given of the rime and place <br />of such sale, advertisement once each week for five consecutive weeks, in some newspaper of general circulation at <br />that time published in said county, a copy of which notice shall be mailed within ten days from the date of the first <br />publication thereof to the G~NTOR 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; where only <br />the county and state is given as the address then such notice shall be mailed to the county seat, and to make and give <br />to the purchaser of the Property at such sale, a certificate in writing describing the Property purchased, and tlie sum <br />paid therefor, and the time when the purchaser (or other person entitled thereto) shall be entitled to the deed <br />~~crefe~',~~i~e,~the same shall be redeemed as is provided by law; and said PuBLlC TRUS1'EE shall, upon demand by <br />t: ~ ~~_.~ ~ - ~, ~ <br />~~~~ ~~~ '~~~ I IIIIII IIIII IIIII IIIIIII IIII ill IIIIIIII III IIIII IIII IIII <br />e;~;;~~~~~''>~~'''~~` 194174 03/2°.i/1999 10:32A B579 P833 AMENDDT <br />~'~'~` `''`'"""~"' ~~'~`~ 1 of 4 R 21.00 D 0.00 N 0.00 Clr Crk Cn1.y, Co <br />