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Promissory Note Date .se.~'ow \~ 2000 Date of Completion .J a i1 u eU' y /,' Z()~ 2. 1. FOR VALUE RECEIVED, the Highland Ditch Company ("BORROWER") promises to pay the State of Colorado Water Conservation Board ("STATE"), the principal sum of One Million Forty Thousand Dollars ($1,040,000) plus interest at the rate of four percent (4%) per annum for a repayment term of thirty (30) years, pursuant to Loan Contract No. C150015 ("LOAN CONTRACT"). 2. Principal and interest shall be payable in equal installments of $60,143.30, with the first payment due and payable one year from the date that the State determines that the project is substantially complete, and annually thereafter until all principal, interest, and all late charges, if any, have been paid in full. All principal, interest, and late charges, if any, then remaining unpaid shall be due and payable 30 years thereafter. 3. Payments shall be made payable to the Colorado Water Conservation Board and mailed to 1313 Sherman Street, Room 721, Denver, Colorado 80203. 4. If the STATE does not receive the annual payment within 15 calendar days of the due date, the State may impose a late charge in the amount of 5% of the annual payment. 5. This Note may be prepaid in whole or in part at any time without premium or penalty., Any partial prepayment shall not postpone the due date of any subsequent payments or change the amount of such payments. 6. A,II payments received shall be applied first to Ji\ ~rl~y, next to accrued interest and then to reduce the principal amount. . ): ~V' 7. This Note is issued pursuant to the LOAN CONTRA~:ith~TE and the BORROWER. The LOAN CONTRACT creates security interests in f~aor ,~ the prompt payment of all amounts that may become due hereunder. The securi t , e nced by a Security Agreement, a Deed of Trust and an Assignment of Certificate of Deposit, cov a n revenues, accounts and real property of the BORROWER. The LOAN CONTRACT, Security Agreement, eed of Trust and Assignment grant additional rights to the STATE, including the right to accelerate the maturity of this Note in certain events. 8. If any annual payment is not paid when due or any default under the LOAN CONTRACT or the Security Agreement or Deed of Trust or Assignment securing this Note occurs, the STATE may declare the entire outstanding principal balance of the Note, all accrued interest, and any outstanding late charges immediately due and payable, and the indebtedness shall bear interest at the rate of 7% per annum from the date of default. The STATE shall give the BORROWER written notice of any alleged default and an opportunity to cure within thirty (30) days of receipt of such notice before the BORROWER shall be considered in default for purposes of this Promissory Note. 9. The BORROWER, any guarantor, and any other person who is now or may hereafter become primarily or secondarily liable for the payment of this Note or any portion thereof hereby agree that if this Note or interest thereon is not paid when due or if suit is brought, then it shall pay all reasonable costs of collection, including reasonable attorney fees. In the event of any bankruptcy or similar proceedings, costs of collection shall include all costs and attorney fees incurred in connection with such proceedings, including the fees of counsel for attendance at meetings of creditors' committees or other committees. 10. This Note shall be governed in all respects by the laws of the State of Colorado. BORROWER: Highland Ditch Company, a Colorado nonprofit corporation 11 () ~ By6\?~ 2~ Robert Schlagel, President ..... (SEAL) By i% Appendix 2 to Loan Contract C150015