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PROJC02550
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Last modified
11/19/2009 11:15:02 AM
Creation date
10/27/2009 10:28:42 AM
Metadata
Fields
Template:
Loan Projects
Contract/PO #
C150011
Contractor Name
Consolidated Mutual Water Company, The
Contract Type
Loan
Water District
7
County
Jefferson
Bill Number
SB 99-173
Loan Projects - Doc Type
Contract Documents
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<br />AMENDED SECURITY AGREEMENT <br />DEBTOR: The Consolidated Mutual Water Company <br />P.O. Box 150068 <br />Lakewood, Colorado 80215 <br />FEDERAL TAX NUMBER: 84-0177040 <br />COUNTY: .JEFFERSON (CODE: 11) <br />SECURED PARTY: State of Colorado -Colorado Water Conservation Board <br />1313 Sherman Street, Room 721 <br />Denver, CO 80203 <br />COLLATERAL: Contract Rights (Code: 030) <br />DEBTOR, for consideration, hereby grants to SECURED PARTY a security interest in the following property <br />and any and all additions, accessions and substi tions thereto or therefor, hereinafter called the <br />COLLATERAL: (1) All revenues derived f to s e revenues and all of DEBTOR'S right to receive <br />said revenues to repay the indebtedns ount loaned to debtor by secured party, as <br />described in Pledge of Property provisions in Con o. C150011, as amended by Contract <br />Amendment No. 1 and (2) an undi ~ e rc t 100%) interest in 2,841/40 shares in The <br />Agricultural Ditch and Reservoir Co evi ate No. 5803. The shares represent the <br />Debtor's pro rata share of water rig s escribed in attached Exhibit A. <br />To secure payment of the indebtedness evidenced by certain Promissory Note between the above <br />named parties herewith, payable to the SECURED PARTY, the loan amount of $16,300,000 for a period of <br />ten years in accordance with said Promissory Note or until all principal and interest are paid in full. <br />The Parties hereby amend the security agreement to reflect a total loan amount of $16,300,000. <br />DEBTOR EXPRESSLY WARRANTS AND COVENANTS: <br />1. That except for the security interest granted hereby, DEBTOR is, or to the extent that this agreement <br />states that the COLLATERAL is to be acquired after the date hereof, will be, the owner of the <br />COLLATERAL free from any adverse lien, security interest or encumbrances; and that DEBTOR will <br />defend the COLLATERAL against all claims and demands of all persons at anytime claiming the same <br />or any interest therein. <br />2. That the execution and delivery of this agreement by DEBTOR will not violate any law or agreement <br />governing DEBTOR or to which DEBTOR is a party. <br />3. That, if DEBTOR is a corporation, its certificate and articles of incorporation and by-laws do not <br />prohibit any term or condition of this agreement. <br />4. That by its acceptance of the loan money pursuant to the terms of the CONTRACT and by its <br />representations herein, DEBTOR shall be estopped from asserting for any reason that it is not <br />authorized to grant a security interest in the COLLATERAL pursuant to the terms of this agreement. <br />5. To pay all taxes and assessments of every nature which may be levied or assessed against the <br />COLLATERAL. <br />6. To not permit or allow any adverse lien, security interest or encumbrance whatsoever upon the <br />COLLATERAL and not to permit the same to be attached or replevined. <br />7. That the DEBTOR will not use the COLLATERAL In violation of any applicable statutes, regulations, <br />ordinances, articles of incorporation or by-laws. <br />UNTIL DEFAULT DEBTOR may have possession of the revenue portion of the COLLATERAL, <br />Attachment 4 to Contract C150011 Amendment No. 1 <br />
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