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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
Metadata
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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 />� <br />SECURITY AGREEMENT <br />(PLEDGE OF REVENUES� <br />DATE: JUNE 18, 2007 <br />DEBTOR: BULL CREEK RESERVOIR CANAL 8c POWER COMPANY <br />SECURED PARTY: COLORADO WATER CONSERVATION BOARD <br />PROMISSORY NOTE: $1,212,000, DATED.IUNE 18, 2007 <br />TERMS OF REPAYMENT: Z.SO°/6 PER ANNUM FOR 3O YEARS <br />LoEw CoNTw4cT: C150240, DATED .1UNE 18, 2007 <br />Co��rERa�: All revenues derived from assessments on stock levied for <br />the purpose of repayment of the subject loan and all of <br />Debtor's right to receive said assessment revenues to repay <br />the loan as described in Pledge of Property provisions of the <br />Loani CoNrt�cT and Debtor's Resolutions adopted March 10, <br />2007. <br />To secure payment of the loan evidenced by the PROMissoRY NoTE payable in accordance <br />Wl�h th@ TERMS OF REPAYMENT, or until all principal, interest, and late charges, if any, are paid in <br />full, the DEeTOR grants to SECURED PARTY a security interest in the above described <br />COLLATERAL. <br />DEBTOR EXPRESSLY WARRANTS AND COVENANTS: <br />1. That except for the security interest granted hereby and any other security interests <br />described in Section 5 of the Loan Contract Project Summary, DESroR is the owner of the <br />Cou.�►TEw� free from any adverse lien, security interest or encumbrances; and that DESTOR <br />will defend the Co�wTEw�� against all claims and demands of all persons at any time <br />claiming the same or any interest therein. <br />2. That the execution and delivery of this agreement by DEBTOrt will not violate any law or <br />agreement goveming DEBTOR or to which DESTOR is a party. <br />3. To not permit or allow any adverse lien, security interest or encumbrance whatsoever upon <br />the Co�wrEw4� and not to permit the same to be attached or replevined. <br />4. That by its acceptance of the loan money pursuant to the terms of the Conrrw�cT and by its <br />rep�e.sentations herein, DESTOR shall be estopped from asserting for any reason that it is <br />not authorized to grant a security interest in the CouATEw�►� pursuant to the terms of this <br />agreement. <br />5. To pay all taxes and assessments of every nature which may be levied or assessed against <br />th@ COLLATERAL. <br />6. That the DESroR's articles of incorporation and by-laws do not prohibit any term or condition <br />of this agreement. <br />UNTIL DEFAULT DEBTOR may have possession of the COLLATERAL, provided that <br />DEBTOR keeps the Co�u�rEw4� in an account separate from other revenues of DEeTOR and <br />does not use the Co��TE�� for any purpose not permitted by the CoNTw�cT. Upon default, <br />SECURE� PAR�nr shall have the immediate right to the possession of the Co�wrEtza�. <br />Appendix 4 to Loan Contract C150240 <br />Page 1 of 2 <br />
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