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Promisso Note <br />~ <br />Date A P R T ~ 2~, 2000 Date of Comp(etion ~~ f~ ~a~.. ~ i~ i'C~ v <br />1. For Value Received, the Silt Water Conservancy District Water Activiry Enterprise ("BORROWER") promises to <br />pay the State of Colorado Water Conservation Board ("STATE"), the principal sum of $100,000 plus interest at the <br />rate of 4°/a percent per annum for a term of thirty (30) years, pursuant to Loan Contract No. C150030 ("LoArv <br />CONTRACT~~). <br />2. The first payment of $5,783.01 shall be due one year from the date that the State determines that the project is <br />substantially complete, and annually thereafter until the entire principal sum, all accrued interest, and all late <br />charges, if any, shall have been paid in full. <br />3. Payments shall be made payable to the Colorado Water Conservation Board and mailed to 1313 Sherman Street, <br />Room 721, Denver, Colorado 80203. <br />4. If the STATE does not receive the annual payment within 15 calendar days of the due date, the State may impose a <br />late charge in the amount of 5% of the annual payment. <br />5. This Note may be prepaid in whole or in part at any time without premium or penalty. Any partial prepayment shall <br />not postpone the due date of any subsequent payments or change the amount of such payments. <br />6. All payments received shall be applied first to late charges ~ any, next to accrued interest and then to reduce the <br />principal amount. <br />7. This Note is issued pursuant to the LoAN Co~ 22f1 the ST TE 8fld the BORROWER. Th@ LOAN CONTRACT <br />creates security interests in favor of the STATE to s a ment of all amounts that may become due <br />hereunder. The security interests, ev' by u~ ent and an Assignment of Certificate of <br />Deposit, cover certain revenues and acc s t O WER. The LOAN CONTRACT, Security Agreement and <br />Assignment of Certificate of Deposit gr additional rights to the STATE, including the right to accelerate the <br />maturity of this Note in certain events. <br />8. If any annual payment is not paid when due or any default under the Loatv CorvTF~a,cT, Security Agreement or <br />Assignment of Certificate of Deposit securing this Note occurs, th2 STATE may declare the entire outstanding <br />principal balance of the Note, all accrued interest, and any outstanding late charges immediately due and payable, <br />and the indebtedness shall bear interest at the rate of 7% per annum from the date of default. The STaTE shall give <br />the BoRROwER written notice of any alleged default and an opportunity to cure within thirty (30) days of receipt <br />of such notice before the BoRROwER shall be considered in default for purposes of this Promissory Note. <br />9. The BORROWER, any guarantor, and any other person who is now or may hereafter become primarily or <br />secondarily liable for the payment of this Note or any portion thereof hereby agree that if this Note or interest <br />thereon is not paid when due or if suit is brought, then it shall pay all reasonable costs of collection, including <br />reasonable attorney fees. In the event of any bankruptcy or similar proceedings, costs of collection shall include all <br />costs and attorney fees incurred in connection with such proceedings, including the fees of counsel for attendance <br />at meetings of creditors' committees or other committees. <br />10. This Note shall be governed in all respects by the laws of the State of Colorado. <br />(SEAL) / <br />Attest: ~ <br />sy <br />Pearl Kni ht, cretary <br />BoRROwER: Silt Water Conservancy District Water Activity <br />terprise <br />By --~~--- ` ~ <br />Norman H. Hunt, Presi ent <br />Appendix B to Loan Contract C150030 <br />