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r <br />b. It has full power and authority to enter into this contract. The execution and delivery of this <br />contract and the performance and observation of its terms, conditions and obligations have been <br />duly authorized by all necessary actions of the BORROWER. <br />c. It has not employed or retained any company or person, other than a bona fide employee <br />working solidly for the BORROWER, to solicit or secure this contract and that it has not paid or <br />agreed to pay any person, company, corporation, individual, or firm, other than a bona fide <br />employed, any fee, commission, percentage, gift, or other. consideration contingent upon or <br />resulting from the award or the making of this,contract. <br />d. The Ute Water Activity Enterprise was lawfully created and will be maintained in compliance <br />with - §37- 45.1 -101, et seq., CRS, and Article X, Section 20 of the Colorado Constitution, and has <br />authority to enter into this contract with the STATE The Ute Water Conservancy District and the <br />Ute Water Activity Enterprise shall immediately notify the STATE in writing if the circumstances <br />which form the basis of this warranty change. <br />e. Each entity has full power and authority to enter into this contract. The execution and delivery <br />of this contract and the performance and observation of its terms, conditions and obligations have <br />been duly authorized by all necessary actions of the BORROWER AND THE DISTRICT. <br />8. Promissory note provisions. The BORROWER understands that this contract is also a promissory note <br />for the repayment of funds loaned according to the terms set forth herein. <br />a. Principal amount. The principal amountat4he loan shall be the total amount of funds advanced <br />by the STATE to the BORROWER unde(ftfie,A` ' of this contract, not to exceed the MAXIMuM LOAN <br />AMOUNT of $7,537,500. <br />b. Interest rate. The interest on the ypF+sbE ';i�"rshj..ccrue at the rate of five percent (5 %) per <br />annum on all funds advanced, .B�Rb�vEEtd�r - ROJECT construction. <br />z,, <br />c. Duration. The repaymen6f" Of' this loan shall be thirty (30) years. <br />d. Loan payment. If the amount borrowed is the MAXIMUM LOAN AMOUNT, payments would be <br />made in thirty (30) annual installments of Four Hundred Ninety Thousand Three Hundred Twenty - <br />Five Dollars and Nineteen Cents ($490,325.19), which is principal and interest. The first <br />installment shall be due and payable on the first day of the month, one year after the month that <br />the STATE declares that the PROJECT has been substantially completed, and yearly thereafter until <br />the entire principal sum and any accrued interest shall have been paid. Installment payments are <br />to be made payable to the CWCB at the address given below. <br />e. Interest during construction. The BORROWER shall repay to the STATE interest during design and <br />construction which will be calculated at the rate of five percent (5 %) per annum on each loan <br />advance disbursed to the BORROWER during construction. Interest is to be paid on all advances until <br />the PROJECT is declared substantially complete. Said accumulated interest shall be paid to the <br />STATE on an annual basis and each payment during construction is to be made on the anniversary <br />date of this contract <br />f. Prepayment conditions. The BORROWER may prepay all or any of the loan at any time, without <br />penalty. These payments will be applied first to any accrued interest and then to reduce the <br />principal amount. <br />UTE WATER CONSERVANCY DISTRICT Page 5 of 11 <br />LOAN CONTRACT <br />