Blueprint








 






Exhibit
10.6



DEED
OF TRUST


 


THIS INDENTURE, made this 26th day of July, 2017,
between WEED Inc., whose address is: 4920 N. Post Trail, Tucson, AZ
85750, party of the first part, and the Public Trustee of the
County of Huerfano in the State of Colorado, party of the second
part, WITNESSETH:


 


THAT WHEREAS, the said WEED Inc., has
executed a Promissory Note bearing even date herewith for the
principal sum of Four hundred seventy-five thousand
dollars,($475,000.00) payable to the order of A. R. Miller, whose
address is 8905 153rd St., Wolfforth, TX
79382, after the date thereof with interest thereon from the date
thereof at the rate of 5% per cent per annum, payable as follows: 4
consecutive semi-annual installments in the amount of $118,750.00
plus accrued interest commencing on January 26, 2018 and continuing
on the 26th day of July and the
26th day
of January each year, until the balance of principal and interest
is paid in full. If any payment is 30 days or more late, then a
late charge of $5,937.50 shall be due and payable. NO PRE-PAYMENT
PENALTY.


 


AND WHEREAS, the said party of the first
part is desirous of securing the payment of the principal and
interest of said Promissory Note in whose hands soever the said
Note may be.


 


NOW THEREFORE, the said party of the
first part, in consideration of the premises, and for the purpose
aforesaid, does hereby grant, bargain, sell and convey unto the
said party of the second part, in trust forever, the following
described property, situate in the County of Huerfano, and State of
Colorado, to-wit:


 


Lots 7
through 17, Block 36, Town of La Veta, together with the South
one-half of vacated Cucharas Street and the North one-half of the
East-West Alley adjacent to said Lots 7 through 11, Block 36,
vacated by La Veta Town Ordinance #116.


 


And


 


All
that portion of the vacated West-Wet Alley adjacent to Lots, 7, 8,
9, 10 and 11, Block 36, Town of La Veta, together with that portion
of Lot 24, Block 36, Town of La Veta adjacent thereto, County of
Huerfano, State of Colorado


 


And


 


Lots 1
through 3 and 6 through 9, Block 2, Moore’s Park, County of
Huerfano, State of Colorado.


 



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TO HAVE AND TO HOLD the same, together
with all the singular, the privileges and appurtenances, thereunto
belonging: In Trust Nevertheless, that in case of default in the
payment of said Note, or any part thereof, or in the payment of the
interest thereon, according to the tenor and effect of said Note or
in the payment of any prior encumbrance, principal or interest, if
any, or in case default shall be made in or in case of violation or
breach of any of the terms, conditions, covenants, or agreements
herein contained, the beneficiary hereunder, or the legal holder of
the indebtedness secured hereby may declare a violation of any of
the covenants herein contained and elect to advertise said property
for sale and demand such sale, then upon filing notice of such
election and demand for sale with the said party of the second
part, who shall upon receipt of such notice of election and demand
for sale cause a copy of the same to be recorded in the recorder's
office of the county in which said real estate is situated, it
shall and may be lawful for said party of the second part to sell
and dispose of the same (en masse or in separate parcels, as said
Public Trustee may think best), and all the right, title and
interest of said party of the first part, his heirs or assigns
therein, at public auction at the east front door of the Courthouse
in Walsenburg, County of Huerfano, and State of Colorado or on said
premises of any part thereof, as may be specified in the notice of
such sale, for the highest and best price the same will bring in
cash, four weeks' public notice having previously given of the time
and place of such sale, by advertisement, weekly, in some newspaper
of general circulation at the time published in said County of
Huerfano, a copy of which notice shall be mailed as provided by
statute to said party of the first part at the address given and to
such person or persons appearing to have acquired a subsequent
record interest in said real estate at the address given in the
recorded instrument, where only the county and state is given as
the address then such notice shall be mailed to the county seat,
and to make and give to the purchaser or purchasers of such
property at such sale a certificate or certificates in writing
describing such property purchased, and the sum or sums paid
therefore, and the time when the purchaser or purchasers (or other
person entitled thereto) shall be entitled to a deed or deeds
therefore, unless the same shall be redeemed as is provided by law
and said Public Trustee shall, upon demand by the person or persons
holding the said certificate or certificates of purchase, when said
demand is made, or upon demand by the person or persons holding the
said certificate or certificates of purchase, when said demand is
made, or upon demand by the person entitled to a deed and for the
property purchased, at the time such demand is made, the time for
redemption having expired, make and execute to such person or
persons a deed or deeds shall be in the ordinary form of a
conveyance, and shall be signed, acknowledged and delivered by the
said Public Trustee as grantor, and shall convey and quit claim to
such person or persons entitled to such deed, as grantee, the said
property purchased as aforesaid, and all the right, title,
interests, benefit and equity of redemption of the party of the
first part, his heirs and assigns therein and shall recite the sum
or sums for which the said property was sold and shall refer to the
power of sale herein contained, and to the sale or sales made by
virtue thereof; and in case of an assignment of such certificate or
certificates of purchase, or in case of the redemption of such
property by a subsequent encumbrancer, such assignment or
redemption shall also be referred to in such deed or deeds; but the
notice of sale need not be set out in such deed or deeds; and the
said Public Trustee shall, out of the proceeds or avails of such
sale, after first paying and retaining all fees, charges and costs
of making said sale, pay to the beneficiary hereunder or the legal
holder of said note the principal and interest due on said note
according to the tenor and effect thereof, and all monies advanced
by such beneficiary or legal holder of said note for insurance,
taxes, and assessments, with interest thereon at 12 percent per
annum, rendering the overplus, if any, unto the said party of the
first part, his legal representatives or assigns; which sale or
sales and said deed or deeds so made shall be a perpetual bar, both
in law and equity, against the said party of the first part, his
heirs or assigns and all other persons claiming the said property,
or any part thereof, by, from, through or under said party of the
first part, or any of them. The holder or holders of said note or
notes may purchase said property or any part thereof; and it shall
not be obligatory upon the purchaser or purchasers at any such sale
to see to the application of the purchase money. If a release deed
be required, it is agreed that the party of the first part, his
heirs or assigns, will pay the expense thereof.


 




 

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And the
said party of the first part, for himself and for his heirs,
executors, and administrators, covenants and agrees to and with the
said party of the second part, that at the time of the ensealing of
and delivery of these presents he is well seized of the said lands
and tenements in fee simple and has good right, full power and
lawful authority to grant, bargain, sell and convey the same in
manner and form as aforesaid; hereby fully and absolutely waiving
and releasing all rights and claims he may have in or to said
lands, tenements, and property as a Homestead Exemption, or other
exemption, under and by virtue of any act of the General Assembly
of the State of Colorado or the act of Congress of the United
States of America now existing or which may hereafter be passed in
relation thereto; and that the same are free and clear of all liens
and encumbrances whatever, and he will defend the quiet and
peaceable possession of the said party of the second part, his
successors and assigns, against all and every person or persons
lawfully claiming or to claim the whole or any part thereof, the
said party of the first part shall and will warrant and forever
defend.


 


AND THAT DURING THE CONTINUANCE of said
indebtedness or any part thereof, the said party of the first part
will in due season pay all taxes and assessments levied on said
property; all amounts due on account of principal and interest on
prior encumbrances, if any; and will keep all buildings that may at
any time be on said lands, insured against loss by fire with
extended coverage endorsement in such company or companies as the
holder of said note may, from time to time direct, for such sums as
such company or companies will insure for, not to exceed the amount
of said indebtedness, except at the option of said party of the
first part, with loss, if any, payable to the beneficiary
hereunder, as his interest may appear, and will deliver the policy
or policies of insurance to the beneficiary hereunder, as further
security for the indebtedness aforesaid. And in case of the failure
of said party of the first part to thus insure and deliver the
policies of insurance, or to pay such taxes or assessments or
amounts due or to become due on any prior encumbrance, if any, then
the holder of said note, or any of them, may procure such
insurance, or pay such taxes or assessments or amounts due upon
prior encumbrances, if any, and all monies thus paid, with interest
thereon, at 12 per cent per annum, shall become so much additional
indebtedness, secured by this deed of trust, and shall be paid out
of the proceeds of the sale of the property aforesaid, if not
otherwise paid by the said party of the first part, and such
failure shall be a violation or breach of the covenant and
agreement.


 




 

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If all
or any part of the property or an interest therein is sold or
transferred by first party without beneficiary's prior written
consent, excluding (a) the creation of a lien or encumbrance
subordinate to this Deed of Trust, (b) the creation of a purchase
money security interest for household appliances, (c) a transfer by
devise, decent or by operation of law upon the death of a joint
tenant, or (d) the grant of any leasehold interest of three years
or less not containing an option to purchase, beneficiary may, at
beneficiary's option declare all the sums secured by this Deed of
Trust to be immediately due and payable. Beneficiary shall have
waived such option to accelerate if, prior to the sale or transfer,
beneficiary and the person to whom the property is to be sold or
transferred reach agreement in writing that the credit of such
person is satisfactory to beneficiary and that the interest payable
on the sums secured by this Deed of Trust shall be at such rate as
beneficiary shall request.


 


AND THAT IN CASE OF ANY DEFAULT, whereby
the right of foreclosure occurs hereunder, the said party of the
second part or the holder of said note or certificate of purchase,
shall at once become entitled to the possession, use and enjoyment
of the property aforesaid, and to the rents, issues and profits
thereof, from the accruing of such right and during the pendency of
foreclosure proceedings and the period of redemption, if any there
be; and such possession shall at once be delivered to the said
party of the second part or the holder of said note or certificate
of purchase on request, and on refusal, the delivery of such
possession may be enforced by the said party of the second part or
the holder of said note or certificate of purchase by any
appropriate civil suit or proceeding, and the said party of the
second part, or the holder of said note of certificate of purchase,
or any thereof, shall be entitled to a Receiver for said property,
and of the rents, issues and profits thereof, after any such
default, including the time covered by foreclosure proceedings and
the period of redemption, if any there be, and shall be entitled
thereto as a matter of right without regard to the solvency or
insolvency of the party of the first part or of the then owner of
said property and without regard to the value thereof, and such
Receiver may be appointed by any court of competent jurisdiction
upon ex parte application, and without notice, notice being hereby
expressly waived and all rents, issues and profits, income and
revenue therefrom shall be applied by such Receiver to the payment
of the indebtedness hereby secured, according to law and the orders
and directions of the court.


 


AND, that in case of default in any of
said payments of principal or interest, according to the tenor and
effect of said promissory note aforesaid, or any of them, or any
part thereof, or of a breach or violation of any of the covenants
or agreements herein, by the party of the first part, his
executors, administrators or assigns, then and in the case the
whole of said principal sum hereby secured, and the interest
thereon to the time of sale, may at once, at the option of the
legal holder thereof, become due and payable, and the said property
be sold in the manner and with the same effect as if the said
indebtedness had matured, and that if foreclosure be made by the
Public Trustee, a reasonable attorney's fee for services in the
supervision of said foreclosure proceedings shall be allowed by the
Public Trustee as a part of the costs of foreclosure, and if
foreclosure be made through the courts a reasonable attorney's fee
shall be taxed by the Court as a part of the costs of such
foreclosure proceedings.


 




 

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In this
Deed of Trust and any instrument of indebtedness, the singular
shall include the plural; the masculine shall include the feminine
and neuter genders.


 


Should
any provisions of this Deed of Trust be found to violate the
statutes or Court decisions of the State of Colorado, or of the
United States, such provision shall be deemed to be amended to
comply with and conform to such statutes and
decisions.


 


IN WITNESS WHEREOF, the said party of
the first part has hereunto set his


hand
the day and year first above written.


 


 


	
 

	
WEED
Inc.


	
 

	
 


	
 By:

	
 


	
 

	
 Glenn E. Martin,
President & CEO















	
STATE
OF

	
 )


	
 

	
 )ss.


	
COUNTY
OF


	
 )







 


The
foregoing Deed of Trust was acknowledged before me this ____ day of
July, 2017, by WEED Inc., by Glenn E. Martin, President &
CEO.


 


 


	
 

	
 WITNESS MY HAND AND
OFFICIAL SEAL.


	
 

	
 


	
 

	
 


	
 My Commission
Expires:    


	
 Notary
Public







 


 


 


 


 


 


 


 


 




 

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