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SECURITY AGREEMENT <br />(PLEDGE OF REVENUES� <br />DATE: OCTOBER 20, 2004 <br />DEBTOR Henry Bolen Ditch Company <br />SECURED PARTY: COLORADO WATER CONSERVATION BOARD <br />PROMISSORY NOTE: $520 DATED OCTOBER 20, 2004 <br />TERMS OF REPAYMENT: 2.50% PER ANNUM FOR 3O YEARS <br />LOAN CONTRACT C150179 DATED OCTOBER 20, 2004 <br />COLIATERAL All revenues derived from assessment and all of DEBTOR's <br />right to receive said assessment revenues to repay the loan <br />as described in Pledge of Property provisions of the Loatv <br />CONTRACT, DEBTOR Funding Agreement entered into on <br />�►oU+�t3r� Z, 2004 and . incorporated herein by <br />reference, and Resolutions adopted on �ir��� Z , <br />2004 by the DEaTOR's Members and Board of Directors, <br />attached as Appendix 3. <br />To secure payment of the loan evidenced by the PROMissoRY NoTE payable in accordance <br />Wlth the TERMS OF REPAYMENT or until all principal, interest, and late charges, if any, are paid in <br />full, the DEBTOR grants to SECUREO PaR�nr a security interest in the above described Co��TEt� <br />and assigns to the Secured Party the DEeTOR's right to enforce Paragraphs 6 and 15 of <br />Debtor's Funding Agreement. This assignment shall be effective solely in the event of <br />DEBTOR default in the payment of the loan as required by the Promissory Note. <br />DEBTOR EXPRESSLY WARRANTS AND COVENANTS: <br />1. That except for the security interest granted hereby and any other security interests <br />described in Section 5 of the Loan Contract Project Summary, DESTOR is the owner of the <br />Cot�arE� free from any adverse lien, security interest or encumbrances; and that DEBroR <br />will defend the Co��a,TE� against all claims and demands of all persons at any time <br />claiming the same or any interest therein. <br />2. That the execution and delivery of this agreement by DEaTOR will not violate any law or <br />agreement governing DEBTOR or to which DEaTOR is a party. <br />3. To not permit or allow any adverse lien, security interest or encumbrance whatsoever upon <br />the Co��aTE� and not to permit the same to be attached or replevined. <br />4. That by its acceptance of the loan money pursuant to the terms of the CoNTw4cT and by its <br />representations herein, DEBTOR shail be estopped from asserting for any reason that it is not <br />authorized to grant a security interest in the Co�v�TERa� pursuant to the terms of this <br />agreement. <br />5. To pay all taxes and assessments of every nature which may be fevied or assessed against <br />thG' COLLATERAL. <br />6. That the DEBTOR's articles of incorporation and by-laws do not proh'ibit any term or condition <br />Appendix 4 to Loan Contract C150179 <br />