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<br />f <br /> <br />6. The rights and remedies of the Lender stated in this Assignment are ftd1. i~tii<fNny other <br />rights the Lender may have under the Loan ContracUPromissory Note ..r~'J.J <br /> <br />7. ~h~i~:~gnment shall be, binding upon Owner and its succeINs'l.1tLnd <br /> <br /> <br />8. This Assignment shall be construed in accordance with the laws of the State of Colorado. <br />The Owner and Lender specifically request the Bank to honor and accept this Assignment and its <br />terms. <br /> <br />Executed this 5/!J-aay of F"'?/ Yu OZrl/ <br />/ <br /> <br />DeWeese-Dye Ditch and ReseiVoir <br />Company <br /> <br />By ~::7?~ B-: [}-~ <br />/' Ronald D. Dom, President <br /> <br />ATTEST: <br /> <br />By~rn..~~ <br />Rose Moschetti, Secretary <br /> <br />ACKNOWLEDGEMENT BY FIRST NATIONAL BANKOF CANON CITY <br /> <br />The First National Bank of Canon City ("Bank") has received a copy of the foregoing Assignment, <br />and agrees. that, upon notice from the Colorado Water Conservation Board ("CWCB") that the <br />DeWeese-Dye Ditch and Reservoir Company is in default under its Loan Contract/Promissory <br />Note with the CWCB and that the CWCB is exercising its right under the Assignment to withdraw <br />funds contained in the Certificate of Deposit, the Bank shall pay such funds directly to the CWCB <br />until advised otherwise. <br /> <br />First National Bank of Canon City <br />. <~ <br />By: ()Md~ ftUl~ <br />CLAUDINE PAOLINO <br />Printed name & title . NEW ACCOUNT REPRESENTATIVE <br /> <br />Date: FEBRUARY 10, 1997 <br />