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<br />Page 2 <br /> <br />remove the requirement that the HCWUA maintain operation and maintenance, emergency repair <br />services and obsoles.cence reserve funds. <br /> <br />Paragraph A6: This paragraph is not inconsistent with Paragraph A.II because, if the revision letter is <br />fully executed and approved, it is deemed an amendment to the contract and its terms become terms of <br />the contract. <br /> <br />Paragraph A8.c: I have revised this paragraph to clarify that the HCWUA will execute the deed of trust <br />when it closes on the purchase of the water rights. Prior to closing, the HCWUA can notify the CWCB <br />of the amount of water rights it will purchase, and the CWCB will provide the HCWUA with a deed of <br />trust containing that information. <br /> <br />Paragra,ph 12 (Collateral During Repayment): I have revised Paragraph A8.a, the Assignment of CD <br />Account and Assignment of Deposit Account to clarify that the collateral is the principal of those <br />accounts and that the HCWUA may withdraw interest earned by those accounts. <br /> <br />Deed of Trust: We are looking into the question of the county or counties where the deed of trust should <br />be recorded. As noted above, the CWCB will finalize the deed of trust form and provide it to the <br />HCWUA prior to closing. <br /> <br />Assignment of Escrow Account as Security: Paragraph 2 provides for partial releases of funds from the <br />Escrow Account. <br /> <br />Assignment of Deposit Account as Security: The Deposit Account is defined in the contract. The <br />Assignment only applies to that account and not to the debt service reserve fund. <br /> <br />Now that we have exchanged comments, it might be useful to meet to iron out the remaining <br />details and to discuss our proposed revisions to the Escrow Agreement. Please contact me or Jan IIlian at <br />the CWCB with any questions or comments, or to arrange such a meeting. <br /> <br />Sincerel~, <br /> <br />OI~ <br /> <br />LINDA~~ <br /> <br />Assistant Attorney General <br />Natural Resources Section <br />(303) 866-5047 <br />(303) 866-3558 (FAX) <br /> <br />Enclosure <br /> <br />cc: William P. Stanton, CWCB <br />Jan lilian, CWCB <br />