C153670B PIF Contract - Laserfiche WebLink

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- 10. The 0 EBTOR will keep the COL_.,.ERAL at all times insured against risks of loss or damage by fire (including so- called extended coverage), theft nd such other casualties as the SECURED PARTY may reasonably require, including collision in the case of any motor vehicle, all in such amou its, under such forms of policies, upon such terms, for such periods, and written by such companies or underwriters as the SECURED PAR Y may approve, losses in all cases to be payable to the SECURED PARTY and the DEBTOR as their interest may appear. All policies of insurai ice shall provide for at least ten days' prior written notice of cancellation to the SECURED PARTY; and the DEBTOR shall furnish the SECURED PAR rY with certificates of such insurance or other evidence satisfactory to the SECURED PARTY as to compliance with the provisions of thi paragraph. The SECURED PARTY may act as attorney for the DEBTOR in making, adjusting and settling claims under or canceling such ir surance and endorsing the DEBTOR's name on any drafts drawn by insurers of the COLLATERAL. UNTIL DEF fkULT DEBTOR may have possession of the COLLATERAL and use it in any lawful manner, and upon default SECURED PARTY shall have the immediate right to the possession of the COLLATERAL. DEBTOR S ALL BE IN DEFAULT under this agreement upon the happening of any of the following events or conditions: (a) defaul in the payment or performance of any obligation, covenant or liability contained or referred to herein or in any note evide ing the same; (b) the mi king or furnishing of any warranty, representation or statement to SECURED PARTY by or on behalf of DEBTOR which proves to hav been false in any material respect when made or furnished; (c) loss, t ieft, damage, destruction, sale or encumbrance to or of any of the COLLATfAAL, or the making of any levy seizure or attach nent thereof or thereon; E„ . (d) death, dissolution, termination or existence, insolvency, business f6ilure;�. app `r t of a receiver of any part of the property of, as gnment for the benefit of creditors by, or the commencemer9t of`a�y prpQegdi g under any bankruptcy or insolvency law of, by r against DEBTOR or any guarantor or surety for DEBTOR. UPON SUC I DEFAULT and at any time thereafter, or if it deems rtselfjagAQrre, Ct1R D PARTY may declare all Obligations secured hereby immediately due and payable and shall have the remedies of a secu ,�41?a y urdei }�t[icle 9 of the Colorado Uniform Commercial Code. SECURED ARTY may require DEBTOR to assemble the collateral and �or r>_ ,Jt available to SECURED PARTY at a place to be designated by SECURED PARTY which is reasonably convenient to both parties. Expen` retaking, holding, preparing for sale, selling or the like shall inCIL de SECURED PARTY's reasonable attorney's fees and legal expenses sp C No waiver SECURED PARTY of any default shall operate as a waiver of any other default or of the same default on a future occasion. The taking of this security agreement shall not waive or impair any other security said SECURED PARTY may have or hereafter acquire for the payment of the al iove indebtedness, nor shall the taking of any such additional security waive or impair this security agreement; but said SECURED PARTY shall retain its rights of set -off against DEBTOR. All rights o SECURED PARTY hereunder shall inure to the benefit of its successors and assigns; and all promises and duties of DEBTOR shall bind its heirs executors or administrators or its successors or assigns. If there be more than one DEBTOR, their liabilities hereunder shall be joint and seve4al. Dated this I day of , 1995. DEBTOR: UTE W TER CONSERVANCY DISTRICT & SECUREDPARTY: STATE OF COLORADO forthe use and LITE WATER ACTIVITY ENTERPRISE benefit of the Department of Natural Resources, Colorado Water Conservation Board M By: Daries C. Lile, Director