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<br /> RECEIVED RECEIVED
<br /> RECORDATION REQUESTED BY:
<br /> Dank of Colorado II
<br /> 1 OCT O ZOII
<br /> Durango OCT 2 42017
<br /> 1199 Main Aye PO Orawar N WATER RESOURCES WATER RESOURCISS
<br /> Durango.CO 81301 STATE ENGINEER COLO. STATE ENGINEER
<br /> WHEN RECORDED MAIL T0:
<br /> COLO
<br /> Dank of Colorado
<br /> Durango
<br /> 1199 Mein Ave
<br /> PO Drawer N
<br /> Durango.CO 81301 iCc V l0
<br /> land Tole
<br /> FOR RECORDER'S USE ONLY
<br /> DEED OF TRUST
<br /> MAXIMUM PRINCIPAL AMOUNT SECURED. The Lien of this Deed of Trust shall not exceed at any am time $30,500,00 except as
<br /> allowed under applicable Colorado law.
<br /> THIS DEED OF TRUST is dated August 4, 2017, among Julie Diane Anderson, whose address is 864 W
<br /> Woodcrest Street, Bloomington, CA 92316 and Robert Bruce Anderson, whose address is 864 W
<br /> Woodcrest Street, Bloomington, CA 92316 ("Grantor"); Bank of Colorado, whose address is Durango,
<br /> 1199 Main Ave, PO Drawer N, Durango, CO 81301 (referred to below sometimes as "Lender' and
<br /> sometimes as "Beneficiary"); and the Public Trustee of La Plata County, Colorado (referred to below as
<br /> "Trustee").
<br /> CONVEYANCE AND GRANT. For valuable consweratbn.Grantor hereby insvocebly grants,tremfars and assigns to Trustee for the
<br /> beneM of Leader as Beneficiary if of Grantor'.right,title.and interest in and to the fallowing described real property,together with
<br /> all existing or subsequently erected or affixed buildings,improvements and fixtures;all easements,rights of way,and appurtenances;
<br /> all water, water rights and ditch rights (including stock In unfree with ditch or irrigation rightsl; and all other rights, royalties,and
<br /> profits relating to the real property, including without limitation all minerals, al, gas, geothermal and similar matters, (the "Real
<br /> Property")located in Le Plata County,State of Colorado:
<br /> Lot 36, Unit 1, Rancho Durango Subdivision, according to the recorded plat thereof filed for record
<br /> April 12, 1971 under Reception No. 363973 in the Office of the Clerk and Recorder of County of La
<br /> Plata, State of Colorado.
<br /> The Real Property or its address is commonly known as TBD Rancho Durango Road, Durango,CO 81301.
<br /> Grantor presently troughs to Lender(also known as Beneficiary in Nis Deed of Trueff all of Grantor's right,title,and interest in and to
<br /> all present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform
<br /> Commercial Code security interest in the Personal Property and Rents.
<br /> THIS DEED OF TRUST,INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL
<br /> PROPERTY. IS GIVEN TO SECURE JAI PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL
<br /> OBLIGATIONS UNDER THE NOTE,THE RELATED DOCUMENTS.AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND
<br /> ACCEPTED ON THE FOLLOWING TEAMS:
<br /> PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trost.Grant shell pay to Lander all amounts secured
<br /> by this Deed of Trust as they became due, and final strictly and in a timely manner perform all of Grantor's obligations under the
<br /> Note,this Deed of Trust,alb the Related Documents.
<br /> POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be
<br /> governed by the following provisions:
<br /> Possession and Use. Until the occurrence of an Event at Default, Grantor may rya remain in possession and contra of the
<br /> Property: (21 use,operate or menage the Property;and 13) collect the Rents from the Property.
<br /> Duty to Moulted. Grantor shall maintain the Property in good condition and promptly perform all repairs, replacements, and
<br /> maintenance necessary to preserve its value.
<br /> Compliance With Environmerdd Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantors
<br /> ownership of the Property, there has been no use, generation,manufacture,storage,treatment,disposal,release or threatened
<br /> release of any Hazardous Substance by airy person on,under,about or from the Property; 12) Grantor has no knowledge of,or
<br /> reason to bellow that there has been,except as previously disclosed to and acknowledged by Lender in writing, (a) any breech
<br /> or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment disposal, release or
<br /> threatened release of any Hazardous Substance on,under,about or from the Property by any prior owners or occupants of the
<br /> Property,or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters;and 43) Except
<br /> as previously disclosed to and acknowledged by Lender in writing, lal neither Grantor nor any tenant,contractor,agent or other
<br /> authorized user of the Property shall use,generate,manufacture,store,treat,disease of or release any Hazardous Substance on,
<br /> under,about or from the Property;and ad any such activity shall be conducted in compliance with all applicable federal,state,
<br /> and local laws,regulations and ordinances,including wHheut limitation all Enwranmental Laws. Grantor authorizes Lender and Its
<br /> agents to enter upon the Property to make such inspections and teats,at Grantor's expense,as LaMar may deem appropriate to
<br /> determine compliance of the Property with this section of the Deed of Trost. Any Inspections or tests made by LaMar shall be
<br /> for Lender's purposes only and shag not be construed to create any responsibility or liability on the part of Lender to Grantor or to
<br /> any other person- The representations and warranties contained herein are based on Grantor's due diligence in Investigating the
<br /> Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Lender for indemnity or
<br /> contribution in the own Grantor becomes liable for cleanup or other Costs under any such few.;and 42) agrees to indemnify,
<br /> defend and held harmless Lender against any and all claims,lasses, liabilities,damages,penalties,and expenses which Lender
<br /> may directly or Indirectly sustain or suffer resulting from a breech of this section of the Dead of Trust or as a consequence of any
<br /> use,generation,manufacture,storage, disposal, release or threatened reaohat occurring prior to Granter's ownership or interest
<br /> In the Property,whether or not the some was or should haw been known to Grantor. The provisions of this section of Thai Deed
<br /> of Trust,including the obligation to indemnity and defend,shall survive the payment of the Indebtedness and the satisfaction and
<br /> reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any interest in the Property,
<br /> whether by foreclosure or otherwise.
<br /> Nuisance.Waste. Grantor shell her came, conduct or permit any nuisance nor commit, permit, or suffer any atrippirg of or
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