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<br />SECTION 5 - ScHEDULE OF ExISTING DEBT <br /> <br />Existing debt (five loans from the CWCB): (1) Loan Contract C153715 dated March 14, <br />1996 (amended June 27, 1996; December 2, 1996; April 9, 1997; May 28, 1997; and <br />March 10, 2001). in the original principal amount of $3,688,567.74, (2) Loan Contract <br />C153678 dated May 11, 1994, in the original principal amount of $65,000, (3) Loan <br />Contract C153756 dated September 18, 1997. in the original principal amount of <br />$65,000, (4) Loan Contract C153768 dated May 28, 1997 (amended May 17, 1999, <br />January 14, 2000, and March 10, 2001), in the original principal amount of <br />$1,875,583.50, and (5) Loan Contract C150150 dated January 1, 2004, in the original <br />principal amount of $2,272,500 . <br /> <br />SECTION 6 - COLLATERAL <br /> <br />The collateral provided for this loan, as evidenced by the executed Deed of Trust, <br />attached as Appendix 5 and incorporated herein, shall be an undivided 40.5% <br />interest in 14.25 cubic feet per second of a total of 28.50 cubic feet per second <br />decreed to the Keesee Ditch by the Bent County District Court and one-half of the <br />BORROWER'S right, title and interest, including contract rights, to the Keesee storage <br />account in John Martin Reservoir, as more completely described in the attached Deed <br />of Trust ("Collaterar). <br /> <br />SECTION 7 - ADDmONAL CONDITIONS & CONTRACT REQUIREMENTS <br /> <br />The CWCB's approval of its loan to the BoRROWER included the following condition: <br /> <br />If any water rights purchased with CWCB loan funds are sold in whole or in part, the <br />proceeds generated from that sale in excess of the expenses of the sale shall be <br />applied to the remaining balance of the CWCB loan within 6 months of the date of <br />sale. Annual payments shall remain unchanged unless the Contract is amended. <br /> <br />Section &-CONSTRUCTION FUND PROGRAM PROCEDURES FOR WATER PURCHASE PROJECTS <br /> <br />A. The BORROWER has submitted to the CWCB a written appraisal of value from a <br />qualified water rights appraiser supporting the purchase price prior to disbursal of <br />loan funds. <br /> <br />B. The BORROWER shall pay all of the expenses related to the PROJECT when such bills <br />are due. <br /> <br />SECTION 9 - ELIGIBLE ExPENSES FOR WATER PURCHASE PROJECTS. <br /> <br />A. Engineering associated with the feasibility report prepared as a requirement for this <br />loan and associated with evaluating the suitability of the water rights for purchase by <br />the BORROWER. <br /> <br />B. Interest during completion of the PROJECT pursuant to Paragraph A.4 herein. <br /> <br />C. Legal services for reviewing engineering services contracts and this Contract. <br /> <br />D. Purchase of the water rights. <br /> <br />Section 10 - DISBURSEMENT ScHEDULE <br /> <br />Appendix 1 to Loan Contract C150258 <br />Page 2 of 3 <br />