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<br />, <br /> <br />" <br /> <br />il <br />,. <br /> <br />Promissory Note <br /> <br />~ - <br /> <br />Date: March 20, 2002 Date of Completion JI"....." J lJ , ZOO 2- <br /> <br />1. FOR VALUE RECEIVED, The Glenwood Irrigation Company ("BORROWER") promises to pay the State of <br />Colorado Water Conservation Board ("STATE"), the principal sum of Eighty Five Thousand Dollars ($85,000) <br />plus interest at the rate of five percent (5%) per annum for a term of thirty (30) years, pursuant to Loan Contract <br />No. C150086, dated March 20, 2002 ("LOAN CONTRACT"). <br /> <br />2. Principai and interest shall be payable in equal installments of $5,529.37, with the first payment due and <br />payable Dne year from the date that the State determines that the project is substantially complete, and annually <br />thereafter until all principal, interest, and all late charges, if any, have been paid in full. All principal, interest, and <br />late charges, if any, then remaining unpaid shall be due and payable 30 years thereafter. <br /> <br />3. Payments shall be made payable to the Colorado Water Conservation Board and mailed to 1313 Sherman <br />. Street, Room 721, Denver, Colorado 80203. <br /> <br />4. If the STATE does not receive the annual payment within 15 calendar days of the due date, the State may <br />impose a late charge in the amount of 5% of the annual payment. <br /> <br />5. This Note may be prepaid in whole or in part at any time without premium or penalty. Any partial prepayment <br />shall not postpone the due date of any subsequent payments or change the amount of such payments. <br /> <br />6. All payments received shall be applied first to late charges, if any, next to accrued interest and then to reduce <br />the principal amount. <br /> <br />7. This Note is issued pursuant to the LOAN CONTRACT between the STATE and the BORROWER. The LOAN <br />CONTRACT creates security interests in favor of the STATE to secure the prompt payment of all amounts that <br />may become due hereunder. The security interests, evidenced by a Security Agreement and a Deed of Trust, <br />dated March 20, 2002, cover certain revenues, accounts and real property of the BORROWER. The LOAN <br />CONTRACT, Security Agreement and Deed of Trust grant additional rights to the STATE, including the right to <br />accelerate the maturity of this Note in certain events. <br /> <br />8. If any annual payment is not paid when due or any default under the LOAN CONTRACT or the Security Agreement <br />or Deed of Trust securing this Note occurs, the STATE may declare the entire outstanding principal balance of <br />the Note, ali accrued interest, and any outstanding late charges immediately due and payable, and the <br />indebtedness shall bear interest at the rate of 7% per annum from the date of default. The STATE shall give the <br />BORROWER written notice of any alleged default and an opportunity to cure within thirty (30) days of receipt of <br />such notice before the BORROWER shall be considered in default for purposes of this Promissory Note. <br /> <br />9. The BORROWER, any guarantor, and any other person who is now or may hereafter become primarily or <br />secondarily liable for the payment of this Note or any portion thereof hereby agree that if this Note or interest <br />thereon is not paid when due or if suit is brought, then it shall pay all reasonable costs of collection, including <br />reasonable attorney fees. In the event of any bankruptcy or similar proceedings, costs of coilection shall include <br />all costs and attorney fees incurred in connection with such proceedings, including the fees of counsel for <br />attendance at meetings of creditors' committees or other committees. <br /> <br />10. This Note shall be governed in all respects by the laws of the State of Colorado. <br /> <br />BORROWER: The Glenwood Irrigation Company, a <br />Colorad~ corporation <br /> <br />By ~:r /! <br />Carter T. Jackson, President <br /> <br />f" <br /> <br />i',. <br /> <br />r: <br /> <br />r,': <br /> <br />i:~ <br />~.. <br />~. <br /> <br />:'!' <br /> <br />>, <br /> <br />~~ <br />!j,.;~ <br />)P~' <br />:.r <br /> <br />:-'-~ <br /> <br />~-'t' <br />\; <br />'F <br />'~.fr <br />'t: <br />~l,.:. <br /> <br />.,'.-, <br /> <br />(SEAL) <br /> <br /> <br />Appendix 2 to Loan Contract C150086 <br />