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<br />\ <br /> <br />SECURITY AGREEMENT <br /> <br />(PLEDGE OF REVENUES) <br /> <br />DATE: DECEMBER1,2004 <br /> <br />DEBTOR: Little Thompson Water District acting by and through the Little <br />Thompson Water District Water Activity Enterprise <br /> <br />SECURED PARTY: COLORADO WATER CONSERVATION BOARD <br /> <br />1313 SHERMAN STREET, ROOM 721 <br />DENVER, CO 80203 <br /> <br />PROMISSORY NOTE: $3,937,500, DATED DECEMBER 1,2004 <br /> <br />TERMS OF REPAYMENT: 4.05% PER ANNUM FOR 20 YEARS <br /> <br />LOAN CONTRACT: C 150 121 , DATED DECEMBER 1 , 2004 <br /> <br />COLLATERAL: All revenues pledged to repay the loan as described in Pledge <br />of Revenues provisions of the LOAN CONTRACT, and as <br />described in the Resolution of the Board of Directors of the <br />Little Thompson Water District acting by and through the Little <br />Thompson Water District Water Activity Enterprise dated <br />October 7,2004 (attached as LOAN CONTRACT Appendix 3). <br /> <br />To secure payment of the loan evidenced by the PROMISSORY NOTE payable in accordance <br />with the TERMS OF REPAYMENT, or until all principal, interest, and late charges, if any, are <br />paid in full, the DEBTOR grants to SECURED PARTY a security interest in the above described <br />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 encumbrances; and that <br />DEBTOR will defend the COLLATERAL against all claims and demands of all persons at <br />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 CONTRACT and by <br />its representations herein, DEBTOR shall be estopped from asserting for any reason that <br />it is not authorized to grant a security interest in the COLLATERAL pursuant to the terms of <br />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 and <br />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 /> <br />Appendix 4 to Loan Contract C150121 <br /> <br />i_ _ <br />