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C150240 contract docs
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C150240 contract docs
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Last modified
5/8/2015 2:10:33 PM
Creation date
7/22/2010 12:30:21 PM
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Loan Projects
Contract/PO #
C150240
Contractor Name
Bull Creek Reservoir, Canal & Power Company
Contract Type
Loan
Water District
0
County
Mesa
Loan Projects - Doc Type
Contract Documents
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� <br />SECTION 6 - COLLATERAL <br />� <br />The collateral provided for this loan, as evidenced by the executed Security <br />Agreements, Deeds of Trust and Assignments, in the form attached as Appendices <br />4-66 and incorporated herein, shall be a pledge of revenue assessments and a <br />security interest in at a minimum 459 shares of Bull Creek Reservoir, Canal & Power <br />Company stock, as more particularly described in the attached Security Agreements <br />and Deeds of Trust ("Collateral"). <br />SECTION 7— ADDITIONAL CONDITIONS & CONTRACT REQUIREMENTS <br />Borrower shall pay off the current loan held by Palisade National Bank in Palisade, <br />Colorado, with an estimated balance of $160,000. <br />2. Borrower shall not issue any new shares of Bull Creek Reservoir, Canal & Power Stock <br />without the prior written consent of the CWCB. <br />3. Transfer of ownership or sale of any share of Bull Creek Reservoir, Canal & Power <br />Company stock pledged as collateral for the CWCB loan will not constitute a <br />substitution of collateral pursuant to Section A.2.a of the Loan Contract (and shall not <br />warrant an amendment to the contract), so long as prior written consent for such <br />transfer or sale is provided by the CWCB and an equal number of shares of stock is <br />returned to the CWCB as provided in Section 7.4, below. <br />4. The procedure for a transfer or sale of any share of Bull Creek Reservoir, Canal & <br />Power Company stock pledged as collateral for the CWCB loan shall be as follows: (a) <br />the shareholder shall provide a written request to the CWCB to transfer or sell the <br />specified share(s); (b) within fifteen (15) working days after receiving the request, the <br />CWCB shall provide written consent to or denial of the proposed transfer or sale; (c) <br />upon consent, the CWCB shall return to the Company's secretary-treasurer the original <br />stock certificate(s) as well as a new Security Agreement, Deed of Trust, and Stock <br />Assignment ("Security Instruments") to be signed by the new owner of said share(s); <br />and (d) the secretary-treasurer shall return to the CWCB the newly issued stock <br />certificate(s) representing a number of shares equal to the amount sold or transferred, <br />as well as the signed Security Instruments, along with any filing, release and/or <br />recording costs associated with said Security Instruments. The Security Instruments <br />will be filed and recorded. <br />SECTION 8— CONSTRUCTION FUND PROGRAM PROCEDURES <br />A. The BoRROwER shall employ an engineer, registered in the state of Colorado to <br />prepare plans and specifications for the PRO�ECT. <br />B. Th@ BORROWER's and the Engineering ConsultanYs Agreements and the plans and <br />specifications must be submitted to the CWCB staff for verification of compliance <br />with the terms of this Contract when available prior to bidding. Any modifications to <br />the plans and specifications must be approved in writing by the CWCB staff. <br />C. For plans and specifications for all jurisdictional dams and reservoirs, as defined by <br />§ 37-87-105 C.R.S., the BoRROwER shall provide a letter of approval from the State <br />Appendix 1 to Loan Contract C150240 <br />Page 2 of 4 <br />
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