Laserfiche WebLink
� <br />� <br />SECURITY AGREEMENT <br />(PLEDGE OF REVENUES� <br />DATE: December 18, 2009 <br />DEBTOR: THE JOSEPH W. BOWLES RESERVOIR COMPANY <br />SECURED PARTY: COLORADO WATER CONSERVATION BOARD <br />PROMISSORY NOTE: $1,703,870, DATED D@C2111bE?f 18, 2�09 <br />TERMS OF REPAYMENT: 4.65% PER ANNUM FOR 3O YEARS <br />LOAN CONTRACT: C15O290, DATED D@C2f11b@� 18, 2009 <br />Co��aTERa�: All revenues derived from assessments on stock 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 />LonN CoN�cT and Debtor's Resolutions adopted May 12, <br />2009. <br />To secure payment of the loan evidenced by the PROMissoRY NorE payable in accordance <br />WItI1 tlle TERMS OF REPAYMENT or until all principal, interest, and late charges, if any, are paid in <br />full, the DEBTOR grants to SECURED PARTY a security interest in the above described <br />COILATERAL. <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, DEBTOR is the owner of the <br />Co�u�TEw4� free from any adverse lien, security interest or encumb�ances; and that DESroR <br />will defend the COLLATERAL 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 DEBTOR will not violate any law or <br />agreement governing DESTOR or to which DEBTOR is a party. <br />3. To not permit or allow any adverse lien, security interest or encumbrance whatsoever upon <br />the CouATERA� 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 CorvTRncr and by its <br />representations herein, DESTOR shall be estopped from asserting for any reason that it is not <br />authorized to grant a security interest in the Co�u�TEw�� 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 />tFl@ COLLATERAL. <br />6. That the DEBroR'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�TERA� in an account separate from other revenues of DEBTOR and <br />does not use the Co�u�TERA� for any purpose not permitted by the CoNTt�cT. Upon default, <br />SECURE� PaR�nr shall have the immediate right to the possession of the Co�uaTERA�. <br />Appendix 4 to Loan Contract C150290 <br />Page 1 of 2 <br />