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<br />257486
<br />NANCY R.
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<br />B-524
<br />AHICK
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<br />P-980 06/10/96 11:03A PG 1
<br />STATE OF COLORADO COUNTY
<br />DEED OF TRUST
<br />
<br />OF 2
<br />OF RIO
<br />
<br />EX'ilt3I"l C
<br />REC DOC
<br />BLANCO 11.00
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<br />TIns INDENTURE, Made this 27 t h day of A p r i 1
<br />The Board of Trustees of the Town of
<br />a Colorado statutory town,
<br />whose address is
<br />209 East Main Street, Rangely. Colorado 81648
<br />hereinafterrefern:d to as grantor, and the Poblic Trustee of the .Counlyof
<br />Rio Blanco ,StateofCo]orndo, hereinafter referred tOilS Public Trustee,
<br />WITNESSETH, THAT, WHEREAS,
<br />
<br />,19 94 ,between
<br />Rangely.
<br />
<br />has executed a promissory note or notes, hereinafter referred toin th I' singular, dated ,fortbe
<br />principal sum of Thirty-Four Thousand and no/lOa ($34,OOO.OO)-----------Dollars,
<br />payab]e to the order of The State of Colorado, for the use and benefi t of the
<br />Department of Natural Resources (Colorado Water Conservation Board)
<br />whoseaddressis 721 State Centennial Building, 1313 Sherman Street,
<br />Denver, Colorado 80203 aftertbe dale hereof, with interest thereon from the date Ihereof
<br />at the rate of 4.5 percentperannum,payable in tVl0 annual installments.
<br />
<br />)
<br />
<br />ill AND WHEREAS, thegranlor is desirous of securing payment of the princil?y] and 1I'lereSI of said promissory note in whose hands soever tbe said
<br />note may be.
<br />NOW THEREFORE. the gralllor, in consideration of the premises and for tnI' p'lrpo<e aforesaid, does hereby grant, bargain, sell and convey unto
<br />the said Public Trustee in trust forever, the following described property, situate in the~ County of
<br />Rio Blanco ,StateofColorado,towit:
<br />
<br />Lot 1 and Lot 3 of the Jim Purdy Estate Subdivision
<br />according to the Plat thereof, as the.same was recorded
<br />March la, 1989. as Instrument No. 23~112, in Rio Blanco
<br />County, State of Colorado. ,:.! F:iU.S.u
<br />, I.. r,i(} !3l ANCi} r.ou~;n: co
<br />, r'-----' 1
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<br />. t: JANIIIS,Yll
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<br />JC: AWl F!NiltAY
<br />r:;i\~;rlF"tE'fE
<br />
<br />~~D~*~OOX~~HXXXX
<br />TO llAYE AND TO IIOLD the same, together with all and singular the privileges and appurtenances thereunto belonging: In trust nevertheless, that
<br />in case of default in the payment of said note or any partthereof,or in lh I' payment oftbe intereSI thereon according to the lenor and effect 0 fsaid note, or in
<br />the payment of any prior encumbrances, principal or interest, if any, or in case default shall be made in or in case of violation or breach of any of the tenos,
<br />conditions, covenants or agreements herein contained,lhe beneficiary hereun derorthelega] holder of the indebtedness secured hereby may declare a
<br />violation of any of the covenants hercin contained and may elect to advertise said property for sale, and demand such sale by liling a notice ofe]ecuon and
<br />demand for sale with Ihe Public Trustee. Upon receipt of such notice of election and demand for sale, the Public Trustee shall cause a copy of the same to be
<br />rerorded in the recorder's office of the county in which said property is situated. The Public Trustee shall then give public notice oflhe time and place of sale
<br />by advertisement to be published for four weeks (once each week for five successive weeks) in some newspaper of general circulation at tbattime published
<br />in tbe county or counties in which said property is located. A copy of such not ice shall be mailed within ten days after the date of the first pubHcation thereo f
<br />to the grantor at tbe address given herein,to such persons appearing to have ac quired a suhsequent record interest in said property at lheaddressgivenint he
<br />recorded inslrument, and to any other persons as may be provided by law. ]t sball and may then be lawful for the Public Trustee 10 sell said property for the
<br />highest and best price the same will bring in cash and to dispose of the same (en masse or in sepamte parcels, as the said Public Trustee may think best),
<br />togelher with all the right, title and interest of the grantor therein, at pu blie auction at any place as may be specified by statote and designated in the no ticeof
<br />sale. The Publie Trustee shall make and give to the purchaser of such property at such sale, a certificate in writing containing; a description of such property
<br />purchased; tbe sum paid therefor, a statement that said purcbaser shall be entitledtoa deed therefor, unless the same shall be redeemed as is provided by
<br />law; and in the event ofa continuance of the sale, a recital that the sale was duly continued. The Public Trustee shall, upon demand by the pcn;un holding the
<br />said cenificatc of purchase, when said demand is made or upon demand by the person entitled to a deed to and for the propeny purchased at the time such
<br />dernand is made, the lime for redemption havingexpired,make and execute t o such person a deed to the said property purchased. Said deed shal]be in the
<br />ordinary fono of a conveyance, and shall be signed, acknowledged and delivered by the said Public Trustee and shall confirm the foreclosure sale and sell and
<br />convey to such person entitled to such deed, lhe propertyporchased as afore saidandalltherighl,title, inlerest, benefit and equity of redemption of the
<br />granlor therein. The Public Trustee shall, out of the proceeds or avails of sucb sale, after first paying and retaining all fees, charges and costs of making said
<br />sale, pay to thebeneficiaryhereunderorthe]egal holderofsaidnote,thep rincipaland interest due on said note according to the tenor and effect the reof,and
<br />all moneys advanced by such beneficiary or legal bolder of said note for insuranc e, taxes and assessmellts, with interest thereon at 9.0 percent per
<br />annum, rendering the overplus,ifany, unto those persons entitled thereto asa mal1er of law. Said sale and said deed so made shal] be a pefllCtual bar, both in
<br />law and equity, against the grantor and all other persons claiming the said property, or any part thereof, by, from, through or under the grantor. The holder of
<br />said note may purchase said property or any part Ihereof; and il sbal] not be ob ligatory upon the purchaser al any such sale to see to the application oft he
<br />purchase money.
<br />
<br />.lfinDenver,insert"Cityand".
<br />
<br />No. 341A. Rev. 12-92. DEED OF TRUST (public Tru.tee) Wllh Due (lD S,le Claun@
<br />Bradford Publi,hing, 1743 Wazee St, Denver. CO 80202 _ (303) 292_2500 _ 8-93
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<br />EXHIBIT C
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