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<br />e <br /> <br />e <br /> <br />d. the contract will be valid and binding against the BORROWER if entered into by the <br />CWCB. <br /> <br />6. Pledge of revenues. The BORROWER hereby irrevocably pledges to the CWCB, for <br />purposes of repayment of this loan, water system revenues levied for that purpose as <br />authorized by its resolutions, and any other funds legally available to the BORROWER, in <br />an amount sufficient to pay the annual payment due under this contract ("pledged <br />revenues"). Further, the BORROWER agrees to: <br /> <br />a. Keep pledged revenues separate. The BORROWER shall set aside and keep the <br />pledged revenues in an account separate from other BORROWER revenues, and <br />warrants that these revenues will not be used for any other purpose. <br /> <br />b. Security interest in pledged revenues. To provide a security interest to the <br />eWCB in the pledged revenues so that the CWCB shall have priority over all other <br />competing claims for said revenues, the BORROWER has duly executed a Security <br />Agreement, attached hereto as Appendix 4 and incorporated herein. <br /> <br />c. Rate Covenant. Pursuant to its statutory authority and as permitted by law, the <br />BORROWER shall take all necessary actions consistent therewith during the term of <br />this contract to establish, levy and collect water rates, charges and fees in amounts <br />sufficient to pay this loan as required by this contract and the promissory note, to <br />cover all expenditures for operation and maintenance and emergency repair <br />services, and to maintain adequate debt service reserves, including obtaining voter <br />approval, if necessary, of increases in the BORROWER'S water user fees. <br /> <br />d. Debt Service Reserve Account. To establish and maintain the debt service reserve <br />account, the BORROWER shall deposit an amount equal to one-tenth of an annual <br />payment into its debt service reserve fund on the due date of its first annual loan <br />, payment and annually thereafter for the first ten years of this loan. In the event that <br />the BORROWER applies funds from this account to repayment of the loan, the <br />BORROWER shall replenish the account within ninety (90) days of withdrawal of the <br />funds. <br /> <br />e. Additional Debts Oi Bonds. The BORROWER shall not issue any indebtedness <br />payable from the pledged revenues and having a lien thereon which is superior to <br />the lien of this loan. The BORROWER may issue parity debt only with the prior <br />written approval of the CWCB, provided that: <br /> <br />i. The BORROWER is currently and at the time of the issuance of the parity debt in <br />substantial compliance with all of the obligations of this contract, including, but <br />not limited to, being current on the annual payments due under this contract and <br />in the accumulation of all amounts then required to be accumulated in the <br />BORROWER'S debt service reserve fund; <br /> <br />ii. The BORROWER provides to the CWCB a Parity Certificate from an independent <br />certified public accountant certifying that, based on an analysis of the <br />BORROWER'S revenues, for 12 consecutive months out of the 18 months <br />immediately preceding the date of issuance of such parity debt, the BORROWER'S <br /> <br />Page 3 of 13 <br /> <br />Loan Contract <br />