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Ci <br />5. The mo ification or waiver of any of Owner's obligations or Lender's rights under this <br />Assignment must be contained in a writing signed by Lender. A waiver on one occasion <br />shall not co stitute 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 rights he 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 />receivers. <br />8. This Assignment shall be construed in accordance with the laws of the State of <br />Colorado. <br />9. The Owner and Lender specifically request the Bank to honor and accept this <br />Assignment and its terms. <br />Execut d this .30 day of ©c,.�a byr 1996. <br />MUTUAL MESA LATERAL ENTERPRISE <br />By e-1i <br />James Rooks, Manager <br />ATTEST: <br />By <br />Della GrE ms, Secretary <br />ACKNOWLEDC NT <br />Palisade Netional Bank ( "Bank ") has received a copy of the foregoing Assignment, and <br />agrees that 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 Contr ct /Promissory Note with the CWCB and that the CWCB is exercising its right <br />under the P ssignment to withdraw funds contained in the Certificate of Deposit, the Bank <br />shall pay SL ch funds directly to the CWCB until advised otherwise. <br />Palisade National Bank <br />By: /4c�`resident <br />Date: oC . 3 0 t996 ff <br />