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• ~ i. The BORROWER is currently and at the time of the issuance of the parity debt in substantial compliance with all of the obligations of this contract, including, but not limited to, being current on the annual payments due under this contract and in the accumulation of all amounts then required to be accumulated in the BoRROwER's debt service reserve fund; ii. The BORROWER provides to the STATE a Parity Certifcate from an independent certified public accountant certifying that, based on an analysis of the BORROWER's revenues, for 12 consecutive months out of the 18 months immediately preceding the date of issuance of such parity debt, the BORROWER's revenues are sufficient to pay its annual operating and maintenance expenses, annual debt service on all outstanding indebtedness having a lien on the pledged revenues, including this loan, the annual debt service on the proposed indebtedness to be issued, and all required deposits to any reserve funds required by this contract or by the lender(s) of any indebtedness having a lien on the pledged revenues. The analysis of revenues shall be based on the BORROWER's current rate structure or the rate structure most recently adopted. No more than 10% of total revenues may originate from tap and/or connection fees. The BoRROwER acknowledges and understands that any request for approval of the issuance of additional debt must be reviewed and approved by the CWCB Executive Director prior to the issuance of any additional debt. 12. Annual Statement of Debt Coverage. Each year during the term of this contract, the BORROWER shall submit to the STATE an ann ncial report along with a certificate of debt service coverage from a Certified Publi " t t 13. Collateral. Part of the security p i or th' n, as evidenced by the executed Assignment of Certificate of Deposit ache and incorporated herein, shall be an undivided one hundred perc 0 ~n a certifcate of deposit account established by the BORROWER a nt of one annual loan payment ($5,783.01), hereinafter referred to as CD Ac . The STa,TE shall use the funds contained in the CD AcCOUtvT for the purpose of paying principal and interest due under this contract not otherwise paid by the BORROWER. Any amount withdrawn by the STATE for this purpose shall be replenished by the BoRROwER within sixty days after such withdrawal. The STa,TE shall not disburse any loan funds under this contract until the BORROWER has established the CD ACCOUrvr. 14. Collateral during repayment. The BORROWER shall not convey, assign, grant, transfer, mortgage, pledge, encumber, or otherwise dispose of the COLLATERAL f0~ this loan or the revenues pledged herein to repay this loan, so fong as any of the principal, accrued interest, and late charges, if any, on this loan remain unpaid, without the prior written concurrence of the STATE. In the event of any such transfer or encumbrance without the STATE'S written concurrence, the STATE may at any time thereafter declare all outstanding principal and interest on this loan immediately due and payable. 15. Remedies for default. Upon default in the payments herein set forth to be made by the BORROWER, or default in the pertormance by the DiSTRicT and/or the BoRROw~R of any covenant or agreement contained herein, the STATE, at its option, may: a. declare the entire principal amount and accrued interest then outstanding immediately due and payable from the BoRROwER; b. exercise its rights under this contract, the Promissory Note, and/or the security agreement; Silt Water Conservancy District Water Activity Enterpr'rse and Silt Water Conservancy District Page 7 of 13