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SECURITY AGREEMENT <br />DEBTOR: MUTUAL MESA LATERAL ENTERPRISE <br />668 38 Road <br />P.O. Box 356 <br />Palisade, CO 81526 -0356 <br />FED TAX ID # <br />SECURED PARTY: STATE OF COLORADO for the use and benefit of the Department of <br />Natural Resources, Colorado Water Conservation Board <br />1313 Sherman Street, Room 721 <br />Denver, CO 80203 <br />COLLATERAL CLASSIFICATION: CONTRACT RIGHTS & OTHER <br />DEBTOR, for consideration, hereby grants to SECURED PARTY a security interest in the following property and any <br />and all -additions, accessions and substitutions thereto or therefor, hereinafter called the COLLATERAL: All <br />revenues derived from fees and charges collected from the Orchard Mesa Irrigation District ( "OMID') for <br />services associated with the Mutual Mesa Lateral pursuant to an agreement between DEBTOR and OMID dated <br />October 29, 1996, as described in Pledge of Revenues Pr ions in contract #C153723. <br />To secure payment of the indebtedness evidenced�k�y ce Pro so4 Note Provisions of Loan Contract <br />#C153723 ( "CONTRACT ") between the above n; fWfttp63), e`g her ithd' able to the SECURED PARTY, or order, <br />as follows: $871,000 in accordance with th`i t' &nl$ seep rtt., 'ie Promissory Note Provisions of said <br />Contract, or until all principal and interest are paid n ful, r <br />DEBTOR EXPRESSLY WARRANTS AND COVENA4TSh f <br />1. That except for the security interest granted Yhereby DEBTOR is, or to the extent that this agreement <br />states that the COLLATERAL is to be acquired after the date hereof, will be, the owner of the COLLATERAL free <br />from any adverse lien, security interest or encumbrances; and that DEBTOR will defend the <br />COLLATERAL against all claims and demands of all persons at anytime claiming the same or any interest therein. <br />2. That the execution and delivery of this agreement by DEBTOR will not violate any law or agreement <br />governing DEBTOR or to which DEBTOR is a party. <br />3. That, if DEBTOR is a corporation, its certificate and articles of incorporation and by -laws do not prohibit <br />any term or condition of this agreement. <br />4. That by its acceptance of the loan money pursuant to the terms of the CONTRACT and by its <br />representations herein, DEBTOR shall be estopped from asserting for any reason that it is not authorized to grant <br />a security interest in the COLLATERAL pursuant to the terms of this agreement. <br />5. To pay all taxes and assessments of every nature which may be levied or assessed against the <br />COLLATERAL. <br />6. To not permit or allow any adverse lien, security interest or encumbrance whatsoever upon the <br />COLLATERAL and not to permit the same to be attached or replevined. <br />7. That the DEBTOR will not use the COLLATERAL in violation of any applicable statutes, regulations, <br />ordinances, articles of incorporation or by -laws. <br />Appendix B to Loan Contract #C 153723 <br />