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<br />. I <br />oth~r BORROWER revenues, and warrants that these revenues shall no,t be used for <br />any ~ther purpose. I <br />, , <br /> <br />a. I;stablish Security Interest. The BORROWER agrees that, in orde~ to provide a <br />security interest for the STATE in the pledged property so that the STATE shall have <br />priority over all other competing claims for said property, it shall execLte a Security <br />~greement, "attached hereto as Appendix F incorporated he~ein, and an <br />~ssignment of Deposit Account as Security, attached as Appendix G and <br />incorporated herein, prior to the disbursement of any loan funds. The BORROWER <br />~cknowledges that the STATE shall perfect its security interest in thel BORROWER'S <br />right to receive .membership dues and assessment revenues by filing aUCC-1 _ _ _ <br />Ftorm with the Colorado Secretary of State.. 1 <br /> <br />b. Assessments For Repayment Of The Loan. Pursuant to its statu ory authority, <br />~rticles of incorporation and by-laws, and as authorized by its r~solution, the <br />BORROWER shall take all necessary actions consistent there~ith to levy <br />assessments sufficient to pay this loan as required by the terms of this contract <br />and the promissory note. In the event the assessments levied by the BORROWER <br />become insufficient to assure such repayment to the STATE, the Bo'RROWER shall <br />immediately take all necessary action consistent with its statutoryl authority, its <br />~rticles of incorporation, bylaws and resolution, including, but not limited to, levying <br />*dditional assessments to raise sufficient revenue to assure repaymJnt of the loan <br />tb the STATE. I <br /> <br />12. Col,ateral During Repayment. The BORROWER shall not sell, convey, tassign, grant, <br />transfer, mortgage, pledge, encumber, or otherwise dispose of the CO ACCOUNT or <br />any:of the revenues pledged to repay the loan herein, so long as any of the principal <br />and i any accrued interest required by the Promissory Note Provisions df the contract <br />remfin unpaid without the prior written concurrence of the STATE. I <br /> <br />13. Rertledies For Default. Upon default in the payments herein set forth to be made by <br />the ~ORROWER, or default in the performance of any covenant or agreem1ent contained <br />herlin, the STATE, at its option, may: I <br /> <br />a. declare the entire principal amount and accrued interest then outstanding <br />ifnmediatelY due and payable; i <br /> <br />b. act upon the Promissory Note, Security Agreement, and Assignment Of Deposit <br />fccount As Security; I <br /> <br />c. CiiPply the funds contained in the CD ACCOUNT to the repayment of the loan; and/or <br /> <br />d. ~ake any other appropriate action. I <br /> <br />All rem~dies described herein may be simultaneously or selectively and successively <br />enforce~. The provisions of this contract may be enforced by the STAT~ at its option <br />without: regard to prior waivers of previous defaults by the BORROWER, tHrough judicial <br />proceedings to require specific performance of this contract, or by such oth~r proceedings <br />in law br equity as may be deemed necessary by the STATE to ensure coh,pliance with <br />provisiqns of this contract and the laws and regulations under which t~is contract is <br />executed. The STATE'S exercise of any or all of the remedies described h~rein shall not <br /> <br />I <br /> <br />Feasibility Report Loan Contract , <br />, <br />I <br />, <br />, <br /> <br />Page 5 of 11 <br />