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<br />PROMISSORY NOTE. <br /> <br />Principal Amount: <br />Term: <br />Loan Contract: <br /> <br />$60,000 <br />10 Years <br />#C153794 <br /> <br />Interest Rate: <br />Loan Payment: <br />Date: <br /> <br />4% <br />$7,397.46 <br />,1997 <br /> <br />" 5. <br /> <br />I <br />I <br />I <br />I <br />1. lFOR" ALUE RECEIVED, the Colorado Water Protective and Development Association ("BORROWER") <br />promises to pay the State of Colorado Water Conservation Board ("STATE"), the principal su~ of $60,000.00 with <br />annual payments of $7,397.46, based on the interest rate of 4% per annum on the outstanding principal balance <br />l:or a term of 10 years, or until paid in full, pursuant to Loan Contract #C153794 ("LOAN CONTR~CT"). <br />I <br />2. The first payment shall be due one year from the date the STATE determines that the STUDY described in the LOAN <br />CONTRACT has been substantially completed, and annually thereafter until the entire prihcipal sum and any <br />accrued -interest shall have been paid in full.' . I <br /> <br />3. All payments received shall be applied first to accrued interest and then to the retirem~nt of the principal. <br />Payments shall be made payable to the Colorado Water Conservation Board and mailed to 1~13 Sherman Street, <br />Room 721, Denver, Colorado 80203. I <br /> <br />4. This Note may be prepaid in whole or in part at any time without premium or penalty, with prepayments applied <br />first to any accrued interest and then to reduce the principal amount. Any partial prepayme~t shall not postpone <br />the due date of any subsequent payments or change the amount of such payments. I <br /> <br />This Note is issued pursuant to the LOAN CONTRACT between the STATE and the BORROWER. fhe LOAN CONTRACT <br />Greates security interests in favor of the STATE to secure the prompt payment of all amounts which may become <br />due hereunder. The security interests, evidenced by a security agreement and assignrhents, cover certain <br />revenues and accounts of the BORROWER. The LOAN CONTRACT, security agreement artd assignment grant <br />additional rights to the STATE, including the right to accelerate the maturity of this Note in cert~in events. <br /> <br />6. If any payment of principal or interest is not paid promptly when due or any default under thl LOAN CONTRACT or <br />the security agreement or assignments securing this Note occurs, the STATE may declare t~e entire outstanding <br />principal balance of the Note, and all accrued interest, immediately due and. payable, witho~t notice or demand, <br />and the indebtedness shall bear interest at the rate of 15% per annum from the date of default. <br /> <br />". <br /> <br />7. The BORROWER, any guarantor, and any successor of the BORROWER who may hereafter become primarily or <br />l.econdarily liable for the payment of this Note or any portion thereof hereby agree that if this Note or interest <br />thereon is not paid when due or suit is brought, then it shall pay all reasonable costs of collection, including <br />reasonable attorney fees. In the event of any bankruptcy or similar proceedings, costs of collection shall include <br />all costs and attorney fees incurred in connection with such proceedings, including the fees of counsel for <br />attendance at meetings of creditors' committees or other committees. <br /> <br />8. This Note shall be governed in all respects by the laws of the State of Colorado. <br /> <br />BORROWER: Colorado Water Protective and <br />Development Association, a Color~do nonprofit <br />corporation <br /> <br />By <br /> <br />Wesley Eck, President <br /> <br />Attest (SEAL): <br />By <br /> <br />Joe Kelly, Secretary <br /> <br />Appendix C to Loan Contract #C153794 <br />