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PROMISSORY NOTE <br />Date: <br />Borrower: <br />Principal Amount: <br />Interest Rate: <br />Term of Repayment: <br />Loan Contract No. : <br />Loan Payment: <br />Payment Initiation Date *: <br />Maturity Date*: <br />February 1, 2003 <br />Owl Creek Reservoir Company <br />$1,125,000 <br />2.75% per annum <br />30 years <br />C150089, dated February 1, 2003 <br />$55,557.47 <br />• These finro fields are filled in after the project has been substantially completed <br />FOR VALUE RECEIVED, the BORROWER pf01711SeS to pay the Colorado Water Conservation <br />Board ("CWCB"), the Principal Amount plus Interest for the Term of Repayment, pursuant to <br />the LOAN CONTRACT. <br />2. Principal and interest shall be payable in equal Loan Payments, with the first payment due and <br />payable one year from the date the CWCB determines that the project is substantially <br />complete (Payment Initiation Date), and annually thereafter until all principal, interest, and late <br />charges, if any, have been paid in full, with all such principal, interest, and late charges, <br />required to be paid on or before the Maturity Date. <br />3. Payments shall be made to the Colorado Water Conservation Board at 1313 Sherman Street, <br />Room 721, Denver, Colorado 80203. <br />4. The CWCB may impose a late charge in the amount of 5% of the annual payment if the <br />CWCB does not receive the annual payment within 15 calendar days of the due date. <br />5. This Note may be prepaid in whole or in part at any time without premium or penalty. Any <br />partial prepayment shall not postpone the due date of any subsequent payments or change <br />the amount of such payments. <br />6. All payments received shall be applied first to late charges, if any, next to accrued interest and <br />then to reduce the principal amount. <br />7. This Note is issued pursuant to the LoaN CoNTRaCT between the CWCB and the BoRROwER. <br />The LoA►v CoNTRa,cT creates security interests in favor of the CWCB to secure the prompt <br />payment of all amounts that may become due hereunder. Said security interests are <br />evidenced by a Security Agreement, and Deed of Trust of even date and amount and cover <br />certain revenues, real property, water rights and/or accounts of the BoRROwER. The Loarv <br />CONTRACT, Security Agreement, and Deed of Trust grant additional rights to the CWCB, <br />including the right to accelerate the maturity of this Note in certain events. <br />Appendix 2 to Loan Contract C150089 <br />