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C153746 PIF Contract
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C153746 PIF Contract
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Last modified
12/11/2012 10:47:56 AM
Creation date
12/11/2012 10:33:49 AM
Metadata
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Loan Projects
Contract/PO #
C153746
Contractor Name
Mancos Water Conservancy District
Contract Type
Loan
Water District
34
County
Montezuma
Bill Number
EIA
Loan Projects - Doc Type
Contract Documents
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by the CONT*CT. Upon default, SECURED PARTY shall have the immediate right to the possession of the COLLATERAL. <br />SHALL BE IN DEFAULT under this agreement upon the happening of any of the following events or <br />conditions: <br />(a) clef�ult in the payment or performance of any obligation, covenant or liability contained or referred to herein <br />or i any note evidencing the same; <br />(b) the lmaking or furnishing of any warranty, representation or statement to SECURED PARTY by or on behalf of <br />DEBTOR which proves to have been false in any material respect when made or furnished; <br />(c) los, theft, damage, destruction, sale or encumbrance to or of any of the COLLATERAL, or the making of any <br />lev seizure or attachment thereof or thereon; <br />(d) dee th, dissolution, termination or existence, insolvency, business failure, appointment of a receiver of any <br />part of the property of, assignment for the benefit of creditors by, or the commencement of any <br />proceeding under any bankruptcy or insolvency law of, by or against DEBTOR or any guarantor or surety <br />for DEBTOR. <br />UPON UCH DEFAULT and at any time thereafter, or if s itself insecure, SECURED PARTY may <br />declare all C bligations secured hereby immediately due and paebl d sh:al have the remedies of a secured <br />party under krticle 9 of the Colorado Uniform Commercial C URED, PARTY, may require DEBTOR to deliver <br />or make the COLLATERAL available to SECURED PARTY at be,d'es_ignatecl by SECURED PARTY which is <br />reasonably onvenient to both parties. Expenses of r n hold fig, prOaring for sale, selling or the like <br />shall includ SECURED PARTY's reasonable attorney's fees d l4'_'_4eih1'said 6kpenses. In the event court action is <br />deemed necessary to enforce the terms and conditions s fo action shall only be brought in <br />the District ourt for the City and County of Denver,. State ol*- do, and DEBTOR consents to venue and <br />personal juri diction in said Court. <br />No clef ult shall be waived by SECURED PARTY except i riting, and no waiver by SECURED PARTY of any <br />default shall operate as a waiver of any other default or of the same default on a future occasion. The taking <br />of this seCL rity agreement shall not waive or impair any other security said SECURED PARTY may have or <br />hereafter ac quire for the payment of the above indebtedness, nor shall the taking of any such additional <br />security wa ve or impair this security agreement; but said SECURED PARTY shall retain its rights of set -off <br />against DEB OR. <br />All rig s of SECURED PARTY hereunder shall inure to the benefit of its successors and assigns; and all <br />promises an J duties of DEBTOR shall bind its heirs, executors or administrators or its successors or assigns. If <br />there be mo a than one DEBTOR, their liabilities hereunder shall be joint and several. <br />Dated his M, day of December 1996. <br />DEBTOR: Mz ncos Water Conservancy District DEBTOR: Mancos Water Conservancy District <br />Water Activity Enterprise <br />By: By:� <br />T iomas K. Colbert, President Thomas K. Colbert, President— <br />(SEAL) (SEAL) <br />ATTEST <br />ATTEST <br />By By <br />Oland Alexander, Secretary Noland Alexander, Secretary <br />
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