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, , � , <br />. � <br />� � <br />DEBTOR SHALL BE IN DEFAULT under this agreement upon any of the <br />following events or conditions: <br />a. defauit in the payment or performance of any obligation contained herein or in the <br />Promissory Note or Loan Contract; <br />b. dissolution, termination of existence, insolvency, business failure, appointment of <br />a receiver of any part of the property of, assignment for the benefit of creditors by, <br />or the commencement of any proceeding under any bankruptcy or insolvency law <br />of, by or against DEBTOR; or <br />c. the making or furnishing of any warranty, representation or statement to SECUREo <br />PaRnr by or on behalf of DEBTOR which proves to have been false in any material <br />respect when made or furnished. <br />UPON SUCH DEFAULT and at any time thereafter, SECURE� PaRnr shall have the <br />remedies of a secured party under Article 9 of the Colorado Uniform Commercial Code. <br />SECURE� PARnr may require DEBTOR to deliver or make the Co��,aTERa� available to <br />SECURED PARTY at 3 p11C2 t0 b@ d2Slgllat@d by SECURED PARTY whic " sonably <br />convenient to both parties. Expenses of retaking, holding, pr ring for le, Iling or <br />the like shall include SECURE� PaRrY's reasonab ey's fee nd legal pe es. <br />Th2 SECURED PARTY Sh giv� the DE oR wr en notic f any a eged default <br />and an opportunity to cure withi h (30) d ecerpt'o such notice before the <br />DEBTOa shall be considered in d It.fa--purposes of this Security Agreement. No <br />default shall be waived by SECURE� ARrir except in writing, and no waiver by SECURE� <br />PaR�r�r of any default shall operate as a waiver of any other default or of the same default <br />on a future occasion. The taking of this security agreement shall not waive or impair any <br />other security SECURE� PaRrY may have or hereafter acquire for the payment of the above <br />indebtedness, nor shall the taking of any such additional security waive or impair this <br />security agreement; but SECURE� PaRnr shall retain its rights of set-off against DEBTOR. In <br />the event court action is deemed necessary to enforce the terms and conditions set forth <br />herein, said action shall only be brought in the District Court for the City and County of <br />Denver, State of Colorado, and DEBTOR consents to venue and personal jurisdiction in <br />said Court. <br />All rights of SECURE� PARnr hereunder shall inure to the benefit of its successors <br />and assigns; and all promises and duties of DEBTOR shall bind its successors or assigns. <br />DEBTOR: Town of DeBeque, acting by and <br />through its Irr' ion S st m Enterprise <br />SEAL <br />By <br />Donald ramer, Mayor <br />ATT S ' <br />B <br />aren Eisenach, Town Clerk <br />Appendix 4 to Loan Contract C150241 <br />Page 2 of 2 <br />