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<br />SECURITY AGREEMENT <br /> <br />(PLEDGE OF REVENUES) <br /> <br />DATE: AUGUST 15, 2005 <br /> <br />DEBTOR: Lower Bauer West Lateral, Inc <br /> <br />SECURED PARTY: COLORADO WATER CONSERVATION BOARD <br /> <br />PROMISSORY NOTE: $196,950, DATED AUGUST 15, 2005 <br /> <br />TERMS OF REPAYMENT: 2.50% PER ANNUM FOR 30 YEARS <br /> <br />LOAN CONTRACT: C150186, DATED AUGUST 15, 2005 <br /> <br />COLLATERAL: 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 LOAN <br />CONTRACT, DEBTOR'S Funding Agreement entered into on <br />November 22, 2004 and incorporated herein by reference, <br />and Resolutions adopted on December 21, 2004 by the <br />DEBTOR'S Members and Board of Directors, attached as <br />Appendix 3. <br /> <br />To secure payment of the loan evidenced by the PROMISSORY NOTE payable in accordance <br />with the TERMS OF REPAYMENT, or until all principal, interest, and late charges, if any, are paid in <br />full, the DEBTOR grants to SECURED PARTY a security interest in the above described COLLATERAL <br />and assigns to the Secured Party the DEBTOR'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'S default in the payment of the loan as required by the Promissory Note. <br /> <br />DEBTOR EXPRESSLY WARRANTS AND COVENANTS: <br /> <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, DEBTOR is the owner of the <br />COLLATERAL free from any adverse lien, security interest or encumbrances; and that DEBTOR <br />will defend the COLLATERAL against all claims and demands of all persons at any time <br />claiming the same or any interest therein. <br /> <br />2. That the execution and delivery of this agreement by DEBTOR will not violate any law or <br />agreement governing DEBTOR or to which DEBTOR is a party. <br /> <br />3. To not permit or allow any adverse lien, security interest or encumbrance whatsoever upon <br />the COLLATERAL and not to permit the same to be attached or replevined. <br /> <br />4. That by its acceptance of the loan money pursuant to the terms of the CONTRACT and by its <br />representations herein, DEBTOR shall be estopped from asserting for any reason that it is not <br />authorized to grant a security interest in the COLLATERAL pursuant to the terms of this <br />agreement. <br /> <br />5. To pay all taxes and assessments of every nature which may be levied or assessed against <br />the COLLATERAL. <br /> <br />6. That the DEBTOR'S articles of incorporation and by-laws do not prohibit any term or condition <br /> <br />Appendix 4 to Loan Contract C150186 <br />