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PROMISSORY NOTE <br />Date: June 1, 2002 Date of Completion <br />1. FOR VALUE RECEIVED, the Upper Platte and Beaver Canal Company ( "BORROWER ") <br />promises to pay the State of Colorado Water Conservation Board ( "CWCB "), the <br />principal sum of eighty three thousand Dollars ($83,000) plus interest at the rate of <br />two and one quarter percent (2.25 %) per annum for a term of ten (10) years, <br />pursuant to Loan Contract No. C150096 dated June 1, 2002 ( "LOAN CONTRACT "). <br />2. Principal and interest shall be payable in equal installments of $9,361.38, with the <br />first payment due and payable one year from the date that the CWCB determines <br />that the project is substantially complete, and annually thereafter until all principal, <br />interest, and late charges, if any, have been paid in full, with all such principal, <br />interest, and late charges, required to be paid within 10 years. <br />3. Payments shall be made to the Colorado Water Conservation Board at 1313 <br />Sherman Street, Room 721, Denver, Colorado 80203. <br />4. <br />6.1 <br />If the CWCB does not receive the annual payment within 15 calendar days of the due <br />date, the CWCB may impose a late chargugme amount of 5% of the annual <br />payment. <br />This Note may be prepaid in whole of <br />Any partial prepayment shall not <br />payments or change the amount of SL <br />6. All payments received shall be appli <br />interest and then to reduce the princit <br />premium or penalty. <br />of any subsequent <br />any, next to accrued <br />7. This Note i§â€”issued pursuant to the LOAN CONTRACT between the CWCB and the <br />BORROWER. The LOAN CONTRACT creates security interests in favor of the CWCB to <br />secure the prompt payment of all amounts that may become due hereunder. The <br />security interests, evidenced by a Security Agreement and a Deed of Trust, both of <br />even date and amount, cover certain real and personal property, including contract <br />rights, of the BORROWER. The LOAN CONTRACT, Security Agreement and Deed of <br />Trust grant additional rights to the CWCB, including the right to accelerate the <br />maturity of this Note in certain events. <br />8. If any annual payment is not paid when due or any default under the LOAN CONTRACT, <br />Security Agreement or Deed of Trust securing this Note occurs, the CWCB may <br />declare the entire outstanding principal balance of the Note, all accrued interest, and <br />any outstanding late charges immediately due and payable, and the indebtedness <br />shall bear interest at the rate of 7% per annum from the date of default. The CWCB <br />shall give the BORROWER written notice of any alleged default and an opportunity to <br />cure within thirty (30) days of receipt of such notice before the BORROWER shall be <br />considered in default for purposes of this Promissory Note. <br />Appendix 2 to Loan Contract C150096 <br />