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5. The mlldification or waiver of any of Owner's obligations or Lender's rights under this <br />Assignmen must be contained in a writing signed by Lender. A waiver on one occasion <br />shall not coinstitute a waiver on any other occasion. <br />6. The rig is and remedies of the Lender stated in this Assignment are in addition to any <br />other right the Lender may have under the Loan Contract /Promissory Note or any law. <br />7. This Assignment shall be binding upon Owner and its successors, assigns, trustees, and <br />eivers. I <br />rec <br />8. This Assignment shall be construed in accordance with the laws of the State of <br />Colorado. <br />9. The O rvner and Lender specifically request the Bank to honor and accept this <br />Assignmen and its terms. <br />Execut d this O day of 67C,4-0 Uer- , ;1996. <br />JTI�$ct�,'MESA LATERAL ENTERPRISE <br />43u <br />James Rooks, Manager <br />ATTEST: <br />By <br />Della Gr ms, Secretary <br />ACKNOWLEDGEMENT <br />Palisade N tional Bank ( "Bank ") has received a copy of the foregoing Assignment, and <br />agrees tha , upon notice from the Colorado Water Conservation Board ( "CWCB ") that the <br />Orchard Mesa Irrigation District or the Mutual Mesa Lateral Enterprise is in default under its <br />Loan Cont act /Promissory Note with the CWCB and that the CWCB is exercising its right <br />under the lkssignment to withdraw funds contained in the Certificate of Deposit, the Bank <br />shall pays ch funds directly to the CWCB until advised otherwise. <br />Palisade National Bank <br />By: resident <br />Date: OC r. 3 0 1996 All <br />