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<br />Date: <br />Borrower: <br />Principal Amount: <br />Interest Rate: <br />Term of Repayment: <br />Loan Contract No.: <br />Loan Payment: <br />Payment Initiation Date*: <br />Maturity Date*: <br />* Payment Initiation Date and Maturity Date fields are filled in after the project has been <br />substantially completed. <br /> <br />PROMISSORY NOTE <br /> <br />February 26, 2007 <br />The Headgate 396 Lateral Corporation <br />$232,300 <br /> <br />2,50% per annum <br /> <br />30 years <br /> <br />C150234, dated February 26,2007 <br />$11,098.75 <br /> <br />1, FOR VALUE RECEIVED, the BORROWER promises to pay the Colorado Water Conservation Board <br />("GWCB"), the Principal Amount plus Interest for the Tenn of Repayment, pursuant to the LOAN <br />CONTRACT and this promissory note. <br /> <br />2. Principal and interest shall be payable in equal Loan Payments, with the first payment due and <br />payable one year from Payment Initiation Date (the date the CWCB detennines that the project <br />is substantially complete), and annllally thereafter. All principal, interest, and late charges, if <br />any, then remaining unpaid shall be due and payable on or before the Maturity Date. <br /> <br />3. Payments shall be made to the Colorado Water Conservation Board at 1313 Shennan Street, <br />Room 721, Denver, Colorado 80203. <br /> <br />4. The eWCB may impose a late charge in the amount of 5% of the annual payment if the CWCB <br />does not receive the annual payment within 15 calendar days of the due date. <br /> <br />5. This Note may be prepaid in whole or in part at any time without premium or penalty, Any <br />partial prepayment shall not postpone the due date of any subsequent payments or change the <br />amount of such payments. <br /> <br />6. All payments received shall be applied first to late charges, if any, next to accrued interest and <br />then to reduce the principal amount. <br /> <br />7. This Note is issued pursuant to the LOAN CONTRACT between the CWCB and the BORROWER. <br />The LOAN CONTRACT creates security interests in favor of the CWCB to secure the prompt <br />payment of all amounts that may become due hereunder. Said security interests are evidenced <br />by a Security Agreement and Deed of Trust ("Security Instruments") of even date and amount <br />and cover certain revenues, real property, water rights and/or accounts of the BORROWER. The <br />LOAN CONTRACT and Security Instruments grant additional rights to the CWCS, including the. <br />right to accelerate the maturity of this Note in certain events. <br /> <br />8. If any annual payment is not paid when due or any default under the LOAN CONTRACT or the <br />Security Instruments securing this Note occurs, the CWCS may declare the entire outstanding <br /> <br />Appendix 2 to Loan Contract C150234 <br />Page 1 of 2 <br />