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C150274 contract docs
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C150274 contract docs
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Last modified
6/15/2011 8:55:29 AM
Creation date
2/9/2010 3:50:10 PM
Metadata
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Loan Projects
Contract/PO #
C150274
Contractor Name
Yuma County Water Authority Public Improvement District
Contract Type
Loan
Water District
0
County
Yuma
Loan Projects - Doc Type
Contract Documents
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9. Pledged Revenues During Loan Repayment. The BORROWER shall not sell, <br />convey, assign, grant, transfer, mortgage, pledge, encumber, or otherwise dispose of <br />the Pledged Revenues, so long as any of the principal, accrued interest, and late <br />charges, if any, on this loan remain unpaid, without the prior written concurrence of <br />the CWCB. <br />10. Release After Loan Is Repaid. Upon complete repayment to the CWCB of the entire <br />principal, all accrued interest, and late charges, if any, as specified in the Promissory <br />Note, the CWCB agrees that any and all of the CWCB's right, title, and interest in and <br />to the Pledged Revenues shall be released and terminated and CWCB shall execute <br />any documentation necessary to effect such release and termination. <br />11. Warranties. <br />a. The BoRROwER warrants that by acceptance of the loan under this contract and by <br />its representations herein, the BoRROwER shall be estopped from asserting for any <br />reason that it is not authorized or obligated to repay the loan to the CWCB as <br />required by this contract. <br />b. The BoRROwER warrants that the Pledged Revenues are not encumbered by any <br />other liens of any party other than the CWCB or in any other manner, except for <br />any existing lien(s) identified in Section 5(Schedule of Existing Debt) of the Project <br />Summary, if any, which sets forth the position of the lien created by this contract in <br />relation to any existing lien(s). <br />12. Remedies For Default. Upon default in the payments to be made by the BoRROwER <br />under this contract, or default in the performance of any covenant or agreement <br />contained herein, the CWCB, at its option, may: <br />a. suspend this contract and withhold further loan disbursements pending corrective <br />action by the BORROWER and if the BORROWER does not cure the default as <br />provided for below, permanently cease loan disbursements and deem the PRO�ECT <br />substantially complete; <br />b. exercise its rights under any appendices to this contract, including, but not limited to, <br />the Promissory Note and Security Agreement; and/or <br />c. exercise any of its rights in law or at equity. <br />The CWCB shall provide written notice to the BoRROwER of any such alleged default <br />and shall give the BoRROwER an opportunity to cure within thirty (30) days of receipt of <br />such notice before the BoRROwER shall be considered in default for purposes of this <br />contract. All remedies described herein may be simultaneously or selectively and <br />successively enforced. The CWCB may enforce the provisions of this contract at its <br />option without regard to prior waivers of previous defaults by the BoRROwER, through <br />judicial proceedings to require specific performance of this contract, or by such other <br />proceedings in law or equity as may be deemed necessary by the CWCB to ensure <br />Loan Contract C150274 <br />Page 5 of 11 <br />12368\1 \1216151.7 <br />
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