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~ ~ .~ 6. The modification or waiver of any of Debtors obligations or Secured Party's rights under this Assignment must be contained in a writing signed by Secured Party. A waiver on one occasion shall not constitute a waiver on any other occasion. 7. The rights and remedies of the Secured Party stated in this Assignment are in addition to any other rights the Secured Party may have under the Loan Contractor any law. 8. This Assignment shall be binding upon Debtor and its successors, assigns, trustees, and receivers. 9. This Assignment shall be construed in accordance with the laws of the State of Colorado. 10. The Debtor and Secured Party specifically request the Bank to honor and accept this Assignment and its terms. Executed this /`~ day of ~/~~ ~ 1998. The Farmers Pawnee Canal Company, a Colorado car6dration SEAL By ~~ Steve Wagner resident Attest: By Sandra Ils, Secretary ACKNO~ GMENT BY BANK By its officer's signature below, the First Security Bank, Sterling, Colorado ("Bank") acknowledges that it has received a copy of the foregoing Assignment and agrees that neither the Debtor nor anyone else (except Secured Party) has any right to withdraw any funds from the above-described Account listed above until the Secured Party releases this agreement in writing, except that, at the Debtor's request, the Bank shall allow the transfer of the annual Loan payment to Secured Parry. The Bank acknowledges that the Account is a special deposit and that the funds deposited therein are to be used solely for Debtor's repayment to the Secured Party of the Loan, and waives any right of setoff it may have in and to the Account. First Security Bank -Sterling, Colorado By ~ ti President Printed Name & Title ~ tvr~ ~ ,M~, ~ Qr~s~~~-~ Date ~ ~/z~~ ~ ,~ Attest: '~ ~ / ~ Byl ,, ~,. C ig Lichtenwalner Cashier