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PERMFILE56434
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PERMFILE56434
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Entry Properties
Last modified
8/24/2016 10:59:00 PM
Creation date
11/20/2007 5:04:34 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2003091
IBM Index Class Name
Permit File
Doc Date
9/13/2004
Doc Name
Agreement To Modify Ditch and Ditch Easement
From
Lafarge West Inc
To
DMG
Media Type
D
Archive
No
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EXHIBIT B <br />SUBORDINATION AGREEMENT <br />THIS SUBORDINATION AGREEMENT is made on ,between <br />address <br />_, as owner of the land (Landowner), whose <br />and (Beneficiary), the present <br />holder of a Deed of Trust and note, whose address is <br />RECITALS <br />Landowner is the owner of a certain parcel of real property situated in the County of Weld <br />and State of Colorado, as described in EXHIBIT B-I, attached to and incorporated herein, <br />did execute a Deed of Trust dated , to the Public Trustee dated ,the <br />Public Trustee in and for the County of to secure a note in the original principal <br />amount of $ dated ,and payable to <br />.Said Deed of Trust was recorded on <br />at Reception No. , of the records of said County. <br />2. The Smith and Emmons Ditch (Ditch) crosses portions of the property described in <br />EXHIBIT B-1. To facilitate Landowner's proposed development of the property, Lafarge <br />West, Inc. ("Lafarge") and the owner of the Ditch, the Smith and Emmons Ditch Company <br />(Ditch Company), entered into an Agreement to Modify Ditch and Ditch Easement <br />(Agreement), which is attached hereto as EXHIBIT B-2. To facilitate the extraction of sand <br />and gravel from the Property, Landowner desires to relocate approximately one thousand <br />three hundred and fifty (1350) feet of the Ditch and to install a one thousand two hundred and <br />fifty (1250) foot long concrete-lined ditch; three (3) drop structures; six (6) underdrains; one <br />(])concrete culvert; and one (1) diversion structure (Installations). The Agreement sets forth <br />terms, rights and obligations with respect to the Installations. Paragraph 3.2 of the <br />Agreement requires the Landowner to deed an easement, the form of which is attached as <br />Exhibit C to the Agreement, to the Ditch Company for the relocated portion of the Ditch <br />(Easement Deed). <br />3. It is the desire of the parties and to the mutual benefit of all parties that the lien of the Deed of <br />Trust in favor of the Beneficiary be subordinate to the Easement Deed to be deeded by <br />Landowner in the future. <br />C:\DOCUME-11SIANZEMLOCALS-1 \TEM%C.NOTES. DATA\-489266].DOC <br />9I9N9 3:3] PM MEW <br />t () <br />
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