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<br />4 <br /> <br />d. Loan payment. The payments shall be 30 annual installments of $70,783.30, which <br />amount includes principal and interest. The first installment shall be due and payable one year <br />after the STATE determines that the PROJECT has been substantially completed, and annually <br />thereafter until the entire principal sum and any accrued interest shall have been paid. <br />Installment payments are to be made payable to the CWCB at the address given below. <br /> <br />e. Interest during construction. The BORROWER shall repay to the STATE interest which will <br />be calculated at the rate of four and 15/100 percent (4.15 %) per annum on each loan <br />advance disbursed to the BORROWER during construction. Said accumulated interest shall be <br />paid to the STATE as a single lump sum ten (10) days after the STATE determines that the <br />PROJECT has been substantially completed or from the last disbursement of loan funds that <br />the STATE makes to the BORROWER, at the STATE'S discretion. <br /> <br />f. Prepayment conditions. The BORROWER may prepay all or any of the loan at any time, <br />without penalty. These payments will be applied first to any accrued interest and then to <br />reduce the principal amount. <br /> <br />g. Collection costs. If the principal or accrued interest under this contract is not paid when <br />due, the BORROWER agrees to pay all reasonable costs of collection, including reasonable <br />attorney fees. In the event of any bankruptcy or similar proceedings, costs of collection shall <br />include all costs and attorney fees incurred in connection with such proceedings, including <br />the f~es of counsel for attendance at meetings of creditors' committees or other committees. <br /> <br />10. Warranties. .1:,.. f!A Th <br /> <br />a. Tf1e BORROWER warrants that by acceptance of the loan money ~the terms of <br />thiscontrac.t andby the.~o. R..<.R.,....OW:R'.S~epr.,es.entati~n herein..iJ\.IJ1. ORE.-~. .Y.. ....._.f h...all be 8.stopped <br />from asserting for any reasC!P<that It IS not authorized or eIJ~_d ~m{,.'~e Sa.ln. money <br />to the STATE as required by this contract..fL.JL <br /> <br />b. The BORROWER warrants that it has full power and authority to enter into this contract. <br />The execution and delivery of this contract and the performance and observation of its terms, <br />conditions and obligations have been duly authorized by all necessary actions of the <br />BORROWER. <br /> <br />c. The BORROWER warrants that it has not employed or retained any company or person, <br />other than a bona fide employee working solely for the BORROWER, to solicit or secure this <br />contract and has not paid or agreed to pay any person, company, corporation, individual, or <br />firm, other than a bona fide employee, any fee, commission, percentage, gift, or other <br />consideration contingent upon or resulting from the award or the making of this contract. <br /> <br />d. The BORROWER warrants that the property identified in the Collateral Provisions of this <br />contract is not encumbered by any other deeds of trust to any party other than the STATE or <br />in any other manner. <br /> <br />11 . Collateral. Part of the security provided for this loan, as evidenced by the executed deed of <br />trust attached as Appendix B and incorporated herein, shall be an undivided one hundred percent <br />(100%) interest in the following, hereinafter referred to as SECURITY: the diversion structure of the <br />Poudre Valley Canal on the Poudre River, and Cobb Lake, all more particularly described on the <br />attached deed of trust. <br /> <br />12. Collateral during repayment. The BORROWER shall not sell, convey, assign, grant, transfer, <br />mortgage, pledge, encumber, or otherwise dispose of any security for this loan, including the PROJECT <br /> <br />VYindsor Reservoir and Canal Company <br /> <br />Page 5 of 1 2 <br /> <br />Loan Contract <br />