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RECEIVED <br />ASSIGNMENT OF CERTIFICATE OF DEPOSIT ~R O 6 2002 <br />In consideration of and as security for reimbursement for monies owing ~~fd~P(''~r~"~ <br />the Colorado Water Conservation Board ("Lender") to the Peoples Ditch Company ("Owner") <br />in the amount of up to $43,000 ("Loan") pursuant to Contract Encumbrance Number <br />C150049, ("Loan Contract"), Owner hereby assigns to the Lender Certificate of Deposit No. <br />~0~~4~`~(~ ~ in the amount of $3,094.37 ("CollateraP') issued by Wells Fargo <br />Bank, Sterling, Colorado ("Bank"). Owner warrants that said Certificate of Deposit Account <br />has been established as a speciai deposit with the funds deposited therein to be used solely <br />to secure repayment of the Loan to Lender. <br />The Collateral secures the payment and performance of all of Owner's present and future, <br />direct or indirect, absolute and contingent, express and implied, indebtedness, liabilities, <br />obligations and covenants (cumulatively "Oblig~tions") by Lender pursuant to the Loan <br />Contract described above and any amendments thereto. This Assignment is made solely to <br />secure performance of the Obligations and is made subject to the following terms, covenants <br />and conditions: <br />~. Owner shall deliver the original Certificate of Deposit to Lender upon the execution of this <br />Assignment. This Assignment sha n ue until Lender specifically terminates the <br />security interest in the Collate i signe by Lender. <br />2. Lender shall be entitled to noti Ba a der any monies owing Owner under <br />the Certificate of Deposit in the v a ult under the Obligations. The Lender <br />shall apply such monies fi os a sociated with collection, including reasonable <br />attorney's fees, next to outsrt~, ~ interest, and then to the principal sum of the Loan. In <br />the event that Owner possesses or receives possession of any instruments or other <br />remittances with respect to the Certificate of Deposit following the giving of such <br />notification, Owner shall hold such instruments and other remittances in trust for Lender <br />apart from Owner's other property, endorse the instruments and other remittances to <br />Lender, and immediately provide Lender with possession of the instruments and other <br />remittances. <br />3. The Owner Shall be in default under this Assignment upon the occurrence of any of the <br />following events or conditions: (a) failure or omission to make any payment under the <br />Loan Contract when due; (b) default in the payment or performance of any obligation, <br />covenant, agreement or liability contained or referred to in the Loan Contract; (c) the <br />making of any levy, seizure, or attachment on the Collateral; (d) the Owner becoming <br />insolvent o~ unable to pay debts as they mature. The Lender shall give the Owner <br />written notice of any alleged default and an opportunity to cure within thirty (30) days of <br />receipt of such notice before the BoRROwER shall be considered in default for purposes <br />of this Assignment. <br />4. Owner hereby appoints Lender as its attorney-in-fact to endorse Owner's name on all <br />instruments and other remittances payable to Owner with respect to the Certificate of <br />Deposit. This power of attorney is coupled with an interest and is irrevocable. <br />5. T~2 mcdifi~~ation ~~~ 4vai~.~~~ ~~f an;% of ~wner'~ ~~:-:~ligations or Lender's rights under this <br />,~ssignmenc must oe cor ~~ain~d in a wriung signed by Lender. A waiver on one occasion <br />shall not constitute a waiver on any other occasion. <br />Appendix 3 to Loan Contract C150049 <br />