Deed of Trust

DEED OF TRUST

State of Colorado

RECORDING INFORMATION
WHEN RECORDED RETURN TO:
[NAME]
[ADDRESS]
[CITY, STATE ZIP]

Date: [DATE]
County: [COUNTY], Colorado
Reception Number: _________________ (Recorder's Use)
Property Address: [PROPERTY ADDRESS, CITY, CO ZIP]

DEED OF TRUST

(Public Trustee as Trustee)

THIS DEED OF TRUST is made this [DAY] day of [MONTH], [YEAR], by and between:

GRANTOR (Borrower):
[GRANTOR NAME(S)]
[ADDRESS]
[CITY, STATE ZIP]

TRUSTEE:
THE PUBLIC TRUSTEE OF [COUNTY] COUNTY, COLORADO
(as required by Colorado law)

BENEFICIARY (Lender):
[BENEFICIARY/LENDER NAME]
[ADDRESS]
[CITY, STATE ZIP]

RECITALS

WHEREAS, Grantor is justly indebted to Beneficiary in the principal sum of [PRINCIPAL AMOUNT] DOLLARS ($[AMOUNT]), as evidenced by a Promissory Note of even date herewith (the "Note"), with interest and payable as therein provided; and

WHEREAS, Beneficiary requires security for the payment of the Note;

NOW, THEREFORE, for valuable consideration, the receipt of which is hereby acknowledged, and to secure the payment of the indebtedness evidenced by the Note, Grantor hereby irrevocably grants, bargains, sells, conveys, and warrants unto the Public Trustee in trust, with power of sale, the following described real property located in [COUNTY] County, Colorado:

SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE

Property Address: [PROPERTY ADDRESS], [CITY], Colorado [ZIP CODE]

TOGETHER WITH all buildings, improvements, and fixtures now or hereafter placed thereon; all easements, rights of way, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water and water rights, and water stock; and all fixtures now or hereafter attached to the property;

TO HAVE AND TO HOLD the same unto the Public Trustee, and the Public Trustee's successors in trust, upon the trusts, terms, and conditions, and for the uses and purposes herein set forth.

ARTICLE I - OBLIGATIONS SECURED

This Deed of Trust secures the following:
(a) Payment of the indebtedness evidenced by the Note in the principal amount of $[AMOUNT], with interest thereon;
(b) Payment of all sums advanced by Beneficiary to protect the security of this Deed of Trust;
(c) Performance of all covenants and agreements of Grantor contained herein and in the Note;
(d) Payment of all renewals, extensions, and modifications of the foregoing obligations.

ARTICLE II - PUBLIC TRUSTEE PROVISIONS

2.1 Public Trustee as Trustee. This form grants the security interest to the Public Trustee of the county where the property is located so that the statutory public-trustee foreclosure route may be available if its requirements are met. C.R.S. § 38-39-101 does not invalidate a deed of trust naming another person; it treats that instrument as a mortgage that may be foreclosed only through the courts. C.R.S. § 38-37-102 concerns appointment and operation of the public-trustee office, not a universal drafting mandate.

2.2 Powers and Duties. The Public Trustee shall have all powers granted by C.R.S. § 38-37-104 and this Deed of Trust, including the power to conduct foreclosure sales as provided by law.

2.3 Fees. Grantor shall pay all fees of the Public Trustee as established by C.R.S. § 38-37-104, including:

• Release of deed of trust fee
• Foreclosure administration fees
• Recording fees

ARTICLE III - COVENANTS OF GRANTOR

Grantor covenants and agrees as follows:

3.1 Payment. Grantor shall pay when due the principal and interest on the indebtedness evidenced by the Note and all other sums secured by this Deed of Trust.

3.2 Prior Liens. Grantor shall pay all taxes, assessments, and prior liens and encumbrances on the property when due.

3.3 Insurance. Grantor shall keep the improvements on the property insured against loss by fire and other hazards, with Beneficiary named as loss payee.

3.4 Maintenance. Grantor shall maintain the property in good condition and repair and shall not commit or permit waste.

3.5 Defense of Title. Grantor shall defend title to the property against all claims and demands.

3.6 Compliance with Laws. Grantor shall comply with all laws, ordinances, and regulations affecting the property.

3.7 Inspection. Beneficiary may inspect the property at reasonable times upon reasonable notice.

3.8 Assignment of Rents. Grantor assigns to Beneficiary all rents and revenues of the property as additional security. Beneficiary grants Grantor a license to collect such rents until default occurs.

ARTICLE IV - DEFAULT AND FORECLOSURE

4.1 Events of Default. The following constitute Events of Default:
(a) Failure to pay any installment when due under the Note or this Deed of Trust;
(b) Failure to perform any covenant or agreement herein;
(c) Material misrepresentation by Grantor;
(d) Transfer of the property without Beneficiary's consent (if due-on-sale applies);
(e) Bankruptcy or insolvency of Grantor.

4.2 Acceleration. Upon default, Beneficiary may declare all sums secured hereby immediately due and payable.

4.3 Notice of Election and Demand (NED). To commence foreclosure, Beneficiary shall file a Notice of Election and Demand with the Public Trustee of [COUNTY] County, which shall be recorded in the county land records, pursuant to C.R.S. § 38-38-101.

4.4 Combined Notice. The holder supplies a proposed combined notice with the foreclosure filing. The Public Trustee mails and publishes the statutory notice, which includes the foreclosure information, cure and redemption notices, sale date and place, and other statements required by C.R.S. § 38-38-103. A cure amount is supplied through the separate cure-statement process after a qualifying person files a notice of intent to cure.

4.5 Initial Foreclosure Sale Window (NED to Sale).

• Public-trustee sale of nonagricultural property: no less than 110 calendar days and no more than 125 calendar days after recording the NED.
• Public-trustee sale of property that is entirely agricultural: no less than 215 calendar days and no more than 230 calendar days after recording the NED.

Right to Cure: The borrower may cure the default up until 12:00 noon on the day before the sale, provided the borrower files a written notice of intent to cure with the Public Trustee at least fifteen (15) days before the sale date (C.R.S. § 38-38-104).

4.6 Notice Requirements. For the first scheduled public-trustee sale, C.R.S. § 38-38-103 generally requires the later combined notice to be mailed no more than 60 and no less than 45 calendar days before sale. Publication begins within that same 45-to-60-day window and runs for four weeks, meaning once each week for five consecutive weeks, unless a longer period is stated in the deed of trust or other lien.

4.7 Foreclosure Sale. If the default is not cured:
(a) The sale shall be conducted by the Public Trustee at the county courthouse or other designated location;
(b) The property shall be sold at public auction to the highest qualified bidder;
(c) Bidders must submit qualified bids in accordance with Colorado law;
(d) Beneficiary may bid and credit the debt against the purchase price.

4.8 Confirmation Deed. The sale is finalized upon issuance of a Confirmation Deed by the Public Trustee, transferring ownership to the successful bidder.

4.9 Redemption Rights. Colorado law provides limited post-sale redemption rights. Generally, there is no right of redemption after the foreclosure sale is completed and the Confirmation Deed is issued.

4.10 Deficiency. Colorado law permits deficiency judgments. Any deficiency remaining after application of sale proceeds may be recovered from Grantor in a separate action.

ARTICLE V - RELEASE OF DEED OF TRUST

5.1 Request for Release. Upon payment of all sums secured hereby, Beneficiary shall submit to the Public Trustee:
(a) The original evidence of debt (promissory note) marked "Paid in Full"; or
(b) A Request for Release of Deed of Trust if Beneficiary is a qualified holder under C.R.S. § 38-38-100.3.

5.2 Public Trustee Fees. As of July 1, 2025, the fee for release of a deed of trust is:

• Recording fee: $43.00 (flat fee regardless of page count)
• Public Trustee fee: $30.00
• Total: $73.00

5.3 Lost Note. If the original promissory note has been lost, a Lost Instrument Bond from a company authorized to issue such bonds in Colorado must be submitted with the release request, per C.R.S. § 38-39-102.

ARTICLE VI - RECORDING REQUIREMENTS

6.1 Recording. This Deed of Trust shall be recorded with the Clerk and Recorder of [COUNTY] County, Colorado.

6.2 Legal Description. The legal description attached as Exhibit A must accurately describe the property.

ARTICLE VII - MISCELLANEOUS PROVISIONS

7.1 Governing Law. This Deed of Trust shall be governed by the laws of the State of Colorado.

7.2 Successors and Assigns. This Deed of Trust shall bind and benefit the heirs, executors, administrators, successors, and assigns of the parties.

7.3 Severability. If any provision is held invalid, all other provisions remain in full force and effect.

7.4 Notices. All notices shall be in writing and sent to the addresses set forth above.

7.5 Waiver. No waiver of any provision shall be effective unless in writing.

7.6 Time is of the Essence. Time is of the essence with respect to all provisions of this Deed of Trust.

7.7 Entire Agreement. This Deed of Trust and the Note constitute the entire agreement of the parties.

ARTICLE VIII - RIDERS AND ADDENDA

The following riders are attached hereto and incorporated herein:

☐ Adjustable Rate Rider
☐ Condominium Rider
☐ Planned Unit Development Rider
☐ Second Home Rider
☐ 1-4 Family Rider
☐ Construction Loan Rider
☐ Other: [SPECIFY]

SIGNATURE PAGE

IN WITNESS WHEREOF, Grantor has executed this Deed of Trust as of the date first written above.

GRANTOR(S):

_______________________________
[GRANTOR NAME]
Date: _________________________

_______________________________
[GRANTOR NAME]
Date: _________________________

ACKNOWLEDGMENT

STATE OF COLORADO
COUNTY OF [COUNTY]

The foregoing instrument was acknowledged before me this _____ day of ______________, 20___, by [GRANTOR NAME(S)].

WITNESS my hand and official seal.

_______________________________
Notary Public
My Commission Expires: ___________

[NOTARY SEAL]

EXHIBIT A

LEGAL DESCRIPTION

The land referred to herein is situated in the County of [COUNTY], State of Colorado, and is described as follows:

[INSERT COMPLETE LEGAL DESCRIPTION]

Schedule Number/Parcel ID: [NUMBER]

This document prepared by:
[PREPARER NAME]
[ADDRESS]
[PHONE]
[EMAIL]