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does not use the COLLATERAL for any purpose not permitted by the CONTRACT. Upon default, <br />SECURED PARTY shall have the immediate right to the possession of the COLLATERAL. <br />DEBTOR SHALL BE IN DEFAULT under this agreement upon any of the following <br />events or conditions: <br />a. default in the payment or performance of any obligation contained herein or in the <br />Promissory Note or Contract evidencing the same; <br />b. dissolution, termination of existence, insolvency, business failure, appointment of a <br />receiver of any part of the property of, assignment for the benefit of creditors by, or the <br />commencement of any proceeding under any bankruptcy or insolvency law of, by or <br />against DEBTOR; or <br />c. the making or furnishing of any warranty, representation or statement to SECURED <br />PARTY 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, SECURED PARTY shall have the <br />remedies of a secured party under Article 9 of the Colorado Uniform Commercial Code. <br />SECURED PARTY may require DEBTOR to deliver or make the COLLATERAL available to SECURED <br />PARTY at a place to be designated by SECURED PARTY which is reasonably convenient to both <br />parties. , <br />The SECURED PARTY shall give TOR tt n notice of any alleged default <br />and an opportunity to cure within thirty (3 yhf r ipt`such notice before the DEBTOR <br />shall be considered in default for purpihi,,, ` Agreement. No default shall be <br />waived by SECURED PARTY except in writi an . _ . a er by SECURED PARTY of any default <br />shall operate as a waiver of any other default o`� " same default on a future occasion. The <br />taking of this security agreement shall not ,or impair any other security SECURED PARTY <br />may have or hereafter acquire for the pay the above indebtedness, nor shall the taking <br />of any such additional security waive or imaair this security agreement; but SECURED PARTY <br />shall retain its rights of set -off against DEBTOR. In the event court action is deemed necessary <br />to enforce the terms and conditions set forth herein, said action shall only be brought in the <br />District Court for the City and County of Denver, State of Colorado, and DEBTOR consents to <br />venue and personal jurisdiction in said Court. <br />All rights of SECURED PARTY hereunder shall inure to the benefit of its successors and <br />assigns; and all promises and duties of DEBTOR shall bind its successors or assigns. <br />Ia <br />M <br />Dated November 14, 2002. <br />SEAL <br />DEBTOR: Parker Water and Sanitation District, <br />acting by and through its Water Activity <br />Enterprise and its nitary Sewer Activity <br />Enterarise /I <br />