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<br />.. <br /> <br />BORROWER: TILTON LATERAL, INC. <br />Contract No. C150066 <br />Loan Amount $100,000 <br /> <br />Agency Name: Water Conservation Board <br />'t'\ <br />J r;: ~., ~glncy Number PDA <br />~V YWting Number 03 PDA c;cor,,3 <br /> <br />LOAN CONTRACT \1(\\\\ <br /> <br />THIS CONTRACT, made this January 1, 2003, is by and between the State of C~U ~~e use <br />and benefit of The Department of Natural Resources, Colorado Water Conservation Board <br />("CWCB" and/or the "STATE"), and Tilton Lateral, Inc., 2967 D % Road, Grand Junction, <br />Colorado 81504, a Colorado nonprofit corporation, ("BORROWER" and/or "CONTRACTOR"). <br /> <br />FACTUAL RECITALS <br /> <br />1. Authority exists in the law, and funds have been budgeted, appropriated and otherwise <br />made available and a sufficient unencumbered balance thereof remains available for <br />payment as follows: Fund Number 424, Organization YYVY, Appropriation Code MC3, GBL <br />T066, Program WTRC, Object Code 5881, Reporting Category 0066, Contract <br />Encumbrance No. C150066 <br /> <br />2, Required approval, clearance, and coordination have been accomplished from and with <br />appropriate agencies. <br /> <br />3, CWCB's authority for making this loan: Small Proiect Loan: Pursuant to the provisions of <br />99 37-60-119 and 37-60-120, C.R.S., the CWCB is authorized to loan money from the <br />CWCB's Construction Fund Small Project Loan Account for water projects for the benefit of <br />the people of the STATE, provided that the borrower assures repayment of that money. <br /> <br />4. The Project Summary, attached as Appendix 1 and incorporated herein, contains <br />BORROWER Information (Section 1) and the PROJECT Description (Section 2). <br /> <br />5, Board approval and legislative authorization, if required, is included in Board Approval and <br />Legislative Authorization (Section 3) of the Project Summary. <br /> <br />THEREFORE, in consideration of the mutual and dependent cove.na....nt.s co. ....Il.t~... 'ned herein, <br />the parties agree as follows: ~ ;t 1\.\\ <br /> <br />A. LOAN PROVISIONS ',;:'~\J '\ .. <br /> <br />1, Promissory Note Provisions. The CWCB agrees to loan to the BORR&vER an amount not <br />to exceed the LOAN AMOUNT and the BORROWER agrees to repay the loan in accordance with <br />the terms as set forth in the Promissory Note, attached hereto as Appendix 2 and <br />incorporated herein. <br /> <br />2. Interest Prior to Project Completion. As the loan funds are disbursed by the CWCB to <br />the BORROWER, interest shall accrue at the rate set by the CWCB for this loan. The CWCB <br />shall calculate the amount of the interest that accrued prior to completion of the PROJECT <br />and the BORROWER shall repay that amount to the CWCB either within ten (10) days after <br />the date the CWCB determines that the PROJECT has been substantially completed, or, at <br />the CWCB's discretion, said interest shall be deducted from the final disbursement of loan <br /> <br />Tilton Lateral, Inc, <br /> <br />Page 1 of 9 <br /> <br />Loan Contract <br />