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<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 /> <br />DEBTOR SHALL BE IN DEFAULT under this. agreement upon any of the following <br />events or conditions: <br /> <br />a. default in the payment or performance of any obligation contained herein or in the <br />Promissory Note or Loan Contract; <br /> <br />b, dissolution, termination of existence, insolvEmcy, business failure, appointment of a <br />receiver of any part of the property of, assignment for the benefit of creditors by, or the <br />commencement of any proceeding under any bankruptcy or insolvency law of, by or <br />against DEBTOR; or <br /> <br />c. the making or furnishing of any warranty, repr1esentation or statement to SECURED PARTY <br />by or on behalf of DEBTOR which proves to have been false in any material respect when <br />made or furnished. <br />UPON SUCH DEFAULT and at any time trlereafter, SECURED PARTY shall have the <br />remedies of a secured party under Article 9 of the Colorado Uniform Commercial Code. SECURED <br />PARTY may require DEBTOR to deliver or make the COLLATERAL available to SECURED PARTY at a <br />place to be designated by SECURED PARTY, which is reasonably convenient to both parties. <br />Expenses of retaking, holding, preparing for sale, selling or the like shall include SECURED PARTY'S <br />reasonable attorney's fees and legal expenses. <br />The SECURED PARTY shall give the DEBTOR written notice of any alleged default <br />and an opportunity to cure within thirty (30) days of receipt of such notice before the DEBTOR <br />shall be considered in default for purposes of this Security Agreement. No default shall be <br />waived by SECURED PARTY except in writing, and no waiver by SECURED PARTY of any default shall <br />operate as a waiver of any other default or of the same default on a future occasion. The taking <br />of this security agreement shall not waive or impair any other security SECURED PARTY may have <br />or hereafter acquire for the payment of the above indl~btedness, nor shall the taking of any such <br />additional security waive or impair this security agreement; but SECURED PARTY shall retain its <br />rights of set-off against DEBTOR. In the event court action is deemed necessary to enforce the <br />terms and conditions set forth herein, said action shall only be brought in the District Court for the <br />City and County of Denver, State of Colorado, and DEBTOR consents to venue and personal <br />jurisdiction in said Court. <br /> <br />All rights of SECURED PARTY hereunder shall inure to the benefit of its successors and <br />assigns; and all promises and duties of DEBTOR shall bind its successors or assigns. <br /> <br />DEBTOR: Central Weld County Water District, <br />actin!~ by and through the Central Weld County <br />a e~r istrict Water Acf 'ty Enterpris~ <br /> <br />SEAL <br /> <br /> <br />~;rEST:~ JAJ / (j;2..t <br /> <br />ames W. Park, Secretary <br /> <br />Appendix 4 to Loan CClntract C150209 <br />Page 2 of 2 <br />