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� <br />• <br />SECURITY AGREEMENT <br />(PLEDGE OF REVENUES) <br />DATE March 21, 2011 <br />DEBTOR: TRINCHERA IRRIGATION COMPANY <br />SECURED PARTY: COLORADO WATER CONSERVATION BOARD <br />PROMISSORY I�OTE $251 ,793, DATED MARCH 2� 2011 <br />TERMS OF REPAYMENT: 2.75% PER ANNUM FOR 30 YEARS <br />LonN Con�r�►cT: C150316, oAr�o March 21, 2011 <br />Co��TERa�: Ail revenues derived from assessments on st�ic 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 />Loa►tv ConrrRacT and Debtor's Resolutions adopted March 8, <br />2011. <br />To secure payment of the loan evidenced by the PROnnissoRY NorE payable in accordance <br />Wlth th@ TERMS OF REPAYMENT or until all principal, interest, and late charges, if any, are paid in <br />full, the DEaTOR grants to SECURED PnFtnr 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, DEBTOR is the owner of the <br />Co��TEt� free from any adverse lien, security interest or encumbrances; and that DEBroR <br />will defend the Cou.�aTEwu. against all claims and demands of atl persons at any time <br />claiming the same or any interest therein. <br />2. That the execution and delivery of this agreement by DEBTOrt wiil not violate any law or <br />agreement governing DEaroR or to which DESroR is a party. <br />3. To not permit or allow any adverse lien, security interest or encumbranoe whatsoever upon <br />the Co�u��w�►� 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 Ctx�rrRacr and by its <br />representations herein, DEaTOR shall be estopped from asserting for any reason that it is not <br />authorized to grant a security interest in the Co�wrEw�►� pursuant to the terms of this <br />agreement. <br />5. To pay all taxes and assessments of every natune which may be levied or assessed against <br />tF1@ COLLATERAL. • <br />6. That the DESTOR's articles of incorporation and by-laws do not prohibit any term or condition <br />of this agreement. <br />UNTIL DEFAULT DEeroR may have possession of the Cot.wrEw►�, provided that <br />DEBroR keeps the Co�u�rEwa� in an aa:ount separate from other revenues of DEBTOR and <br />does not use the CouAYE� for any purpose not permitted by the Cor�rRncr. Upon default, <br />SECURE� PARnr shall have the immediate right to the possession of the Co�u��w��. <br />Appendix 4 to Loan Contract C150316 <br />Page 1 of 2 <br />