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<br />~i <br /> <br />PROMISSORY NOTE <br /> <br />Date: June 1, 2002 <br /> <br />Date of Completion Sepf~j,__ 1)20b2.. <br /> <br />',1. FOR VALUE RECEIVED, the Upper Platte and Beaver Canal Company ("BORROWER") <br />promises to pay the State of Colorado Water Conservation Board ("CWCB"), the <br />principal sum of eighty three thousand Dollars ($83,000) plus interest at the rate of <br />two and one quarter percent (2.25%) per annum for a term of ten (10) years, <br />pursuant to Loan Contract No. C150096 dated June 1, 2002 ("LOAN CONTRACT"). <br /> <br />2. Principal and interest-shall be payable in equal installments of $9,361.38, with the <br />first payment due and payable one year from the date that the CWCB determines <br />that the project is substantially complete, and annually thereafter until all principal, <br />interest, and late charges, if any, have been paid in full, with all such principal, <br />interest, and late charges, required to be paid within 10 years. <br /> <br />3. Payments shall be made to the Colorado Water Conservation Board at 1313 <br />Sherman Street, Room 721, Denver, Colorado 80203. <br /> <br />4. If the CWCB does not receive the annual payment within 15 calendar days of the due <br />date, the CWCB may impose a late charge in the amount of 5% of the annual <br />payment. <br /> <br />5. This Note may be prepaid in whole or in part at any fime without premium or penalty. <br />Any partial prepayment shall not postpone the due date of any subsequent <br />payments or change the amount of such payments. <br /> <br />6. All payments received shall be applied first to late charges, if any, next to accrued <br />interest and then to reduce the principal amount.' , <br /> <br />7. This Note iSlssued pursuant to the LOAN CONTRACT between theCWCB and the <br />BORROWER. The LOAN CONTRACT creates security interests in favor of the CWCS to <br />secure the prompt payment of all amounts that may become due hereunder. The <br />security interests, evidenced by a Security Agreement and a Deed of Trust, both of <br />even date and amount, cover certain real and personal property, including contract <br />rights, of the BORROWER. The LOAN CONTRACT, Security Agreement and Deed of <br />Trust grant additional rights to the CWCB, including the right to accelerate the <br />maturity of this Note in certain events. <br /> <br />8. If any annual payment is not paid when due or any default under the LOAN CONTRACT, <br />Security Agreement or Deed of Trust securing this Note occurs, the CWCB may <br />declare the entire outstanding principal balance of.the Note, all accrued,interest, and <br />any outstanding late charges immediately due and payable, and the indebtedness <br />shall bear interest at the rate of 7% per annum from the date of default. The CWCB <br />shall give the BORROWER written notice of any alleged default and an opportunity to <br />cure within thirty (30) days of receipt of such notice before the BORROWER shall be <br />considered in defaultforpurposes of this Promissory Note. ' <br /> <br />~ <br />~ <br />i'. <br />~, <br /> <br />,1. <br /> <br />,',' <br />~ <br /> <br />~;' <br /> <br />r.i <br /> <br />;j. <br /> <br />Appendix 2 to Loan Contract C150096 <br />