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<br />Date: <br /> <br />Borrower: <br /> <br />Principal Amount: <br />Interest Rate: <br />Term of Repayment: <br />Loan Contract No. : <br /> <br />Loan Payment: <br />Date of Completion: <br /> <br />PROMISSORY NOTE <br /> <br />August 1, 2002 <br /> <br />Silver Springs Trout Farm, Inc. and Daniel A. and Jacqueline <br />Sherwood Trust UfA DTD 1216/95, jointly and severally <br />13221 Marine Road <br />Montrose, CO 81401 <br /> <br />$ 365,000 <br /> <br />2.5% per annum <br /> <br />15 years <br /> <br />C150091, dated August 1, 2002 <br /> <br />$29,479.76 <br /> <br />N fjJJ~_J.~ I I 4 ,,,> 2- <br /> <br />Maturity Date: 1I//).Ia_J,.-~ I, 2."/7 <br /> <br />1, FOR VALUE RECEIVED, the BORROWER promises to pay the Colorado Water Conservation <br />Board ("CWCB"), the Principal Amount plus Interest for the Term of Repayment, pursuant to <br />the LOAN CONTRACT. <br /> <br />2. Principal and interest shall be payable in equal Loan Payments, with the first payment due and <br />payable one year from the Date of Completion, which is the date the CWCB determines that <br />the project is substantially complete, and annually thereafter until all principal, interest, and <br />late charges, if any, have been paid in full, with all such principal, interest, and late charges, <br />required to be paid on or before the Maturity Date. . <br /> <br />3. Payments shall be made to the Colorado Water Conservation Board at 1313 Sherman Street, <br />Room 721, Denver, Colorado 80203. <br /> <br />4. The eWCB may impose a late charge in the amount oL5% of the annual payment if the <br />eWCB does not receive the annual payment within 15 calendar days of the due date. <br /> <br />5. This Note may be prepaid in whole or in part at any time without premium or penalty. Any <br />partial prepayment shall not postpone the due date of any subsequent payments or change <br />the amount of such payments. <br /> <br />6. All payments received shall be applied first to late charges, if any, next to accrued interest and <br />then to reduce the principal amount. <br /> <br />7. This Note is issued pursuant to the LOAN CONTRACT between the eWCB and the BORROWER. <br />The LOAN CONTRACT creates security interests in favor of the eWCB to secure the prompt <br />payment of all amounts that may become due hereunder. Said security interests are <br />evidenced by a Security Agreement(s), Deed(s) of Trust, and/or Assignment(s) of even date <br />and amount and cover certain revenues, real property, water rights andfor accounts of. the <br />BORROWER. The LOAN CONTRACT, Security Agreement, Deed of Trust, and/or Assignment <br />grant additional rights to the CWCB, including the right to accelerate the maturity of this Note <br />in certain events. <br /> <br />8. If any annual payment is not paid when due or any default under the LOAN CONTRACT or the . <br />Security Agreement, Deed of Trust, or Assignment securing this Note occurs, the CWCB may <br /> <br />Appendix 2 to Loan Contract C15091 <br />