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the <br />the <br />�� � � �. <br />�� <br />��, � , � of Trust '� <br />As security for the loa o be made to it by the <br />Sta e,�execute a vasrarat�r deed ithin thirty (30) days of thecompletion o <br />project f3�ss-adva�ca-e€--f-uads-€so�-tAe-�Stata-as-�r-evad�e�-3-n--pafagFa�►h <br />�} �.-a,--belcia which shall convey to the S�a�e-�#�e-€e�l-o�r�.�rq-= Public Trustee <br />following, as such are incorporated in the project: of Montezuma County <br />a. 23,000± cubic yards of embankment material for the benefit of <br />the State <br />b. 190± linear feet of 18-inch class V R.C. pipe with <br />all appurtenances. <br />c . <br />d. <br />e. <br />f. <br />9• <br />An 18-inch qate, air vent pipe, and all appurtenances. <br />5+ cubic yards of concrete in association with item c. <br />above. <br />6± cubic yards of concrete for five cutoff collars. <br />Five gauge rods. <br />480± cubic yards of b-inch pit run, sand and qravel <br />mat. <br />h. 725± cubic yards of 18-inch rock riprap. <br />i. <br />]• <br />750± cubic yards <br />3± cubic yards of <br />sections. <br />of old riprap <br />C �.Y <br />� p <br />spillway control <br />15. Obtain and maintain ge e � �azard insurance <br />on the project in an amou 1 the ovtstandinq <br />amount of the loan made by e to the Contractor until <br />the Contractor has repaid e loan in full under the terms of <br />paraqraph 8.13. above. The State shall be the sole insured of <br />this policy. The outstandinq loan amount payable to the State <br />shall be reduced in the amount of any payments made to the <br />State under this insurance coveraqe. If only a portion of the <br />outstanding loan amount is paid to the State under this policy, <br />the number of installment payments shall remain unchanged; <br />however, the amount of each payment shall be reduced. <br />16. Comply with the Construction Fund Program Procedures <br />attached hereto as Exhibit D and incorporated by reference <br />herein. <br />17. Coraply with the provisions of section 37-60-120, <br />Colorado Revised Statutes, and any other applicable statutes, <br />procedures, requirements, rules, or requlations which the State <br />has. <br />18. Not sell, convey, assiqn, grant, transfer. mortgaqe� <br />pledge, encumber, or otherwise dispose of the project or any <br />portion thereof, so lonq as any of the annual installments <br />required by paraqraph 8.13. above remain unpaid, without the <br />prior written concurrence of the State. <br />C. Upon default in the.payments herein set forth to be made by <br />the Contractor, or default in the performance of any covenant <br />or agreement contained herein, the State, at its option, may: <br />(a) declare the entire principal amount then outstandinq <br />immediately due and payable; (b) for the account of <br />the Contractor, incur and pay reasonable expenses for repair, <br />maintenance, and operation of the project herein described and <br />such expenses as may be necessary to cure the cause of default; <br />(c) take possession of the project, repair, maintain, and <br />operate or lease it; (d) act upon the security (described in <br />paraqraph B.14. above) conveyed to the State; (e) take action <br />to enforce paraqraphs B.11. and 13. above; and/or (f) take any <br />other appropriate leqal action. All remedies described herein <br />may be simultaneously. or selectively and successively <br />Page 5 of 11 Pages <br />