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<br />- <br /> <br />SECURITY AGREEMENT <br /> <br />(PLEDGE OF REVENUES) <br /> <br />DATE: SEPTEMBER 15,2004 <br />DEBTOR: TOWN OF KREMMLlNG, COLORADO, ACTING BY AND THROUGH ITS <br />WATER ENTERPRISE <br />SECURED PARTY: COLORADO WATER CONSERVATION BOARD <br />PROMISSORY NOTE: $1,689,750, DATED SEPTEMBER 15,2004 <br />TERMS OF REPAYMENT: 4.25% PER ANNUM FOR 30 YEARS <br />LOAN CONTRACT: C150126, DATED SEPTEMBER 15,2004 <br />COLLATERAL: All revenues pledged to repay the loan as described in Pledge of <br />Revenues provisions of the LOAN CONTRACT and Debtor's <br />Ordinance No. 484 adopted July 21, 2004, attached to the Loan <br />, Contract as Appendix 3. <br /> <br />To secure payment of the loan evidenced by the PROMISSORY NOTE payable in <br />accordance with the TERMS OF REPAYMENT, or until all principal, interest, and late <br />charges, if any, are paid in full, the DEBTOR grants to SECURED PARTY a security interest in <br />the above described COLLATERAL. <br />DEBTOR EXPRESSLY WARRANTS AND COVENANTS: <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 <br />the COLLATERAL free from any adverse lien, security interest or encumbram;es; and <br />that DEBTOR will defend the COLLATERAL against all claims and demands of all persons <br />at any time claiming the same or any interest therein. <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 />3. To not permit or allow any adverse lien, security interest or encumbrance whatsoever <br />upon the COLLATERAL and not to permit the same to be attached or replevined. <br />4. That by its acceptance of the loan money pursuant to the terms of the CONTI~CT and <br />by its representations herein, DEBTOR shall be.estopped from asserting for any reason <br />that it is not authorized to grant a security interest in the COLLATERAL pursuant to the <br />terms of this agreement. <br />UNTIL DEFAULT DEBTOR may have possession of the COLLATERAL, provided that <br />DEBTOR keeps the COLLATERAL in an account separate from other revenues of DEBTOR <br />and does not use the COLLATERAL for any purpose not permitted by the CONTRACT. Upon <br />default, SECURED PARTY shall have the immediate right to the possession of the <br />COLLATERAL. <br />DEBTOR SHALL BE IN DEFAULT under this agreement upon any of the <br />. following events or conditions: <br />a. default in the payment or performance of any obligation contained herein or in the <br />Promissory Note or Loan Contract; <br /> <br />AppendiX 4to Loan Contract C150126 <br />