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C150337 Contract
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C150337 Contract
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Last modified
1/29/2015 2:17:17 PM
Creation date
3/26/2013 12:30:32 PM
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Loan Projects
Contract/PO #
CT2015-060
C150337
Contractor Name
Well Augmentation System of the Central Colorado Water Conservancy District
Contract Type
Loan
County
Weld
Adams
Morgan
Loan Projects - Doc Type
Contract Documents
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9. Pledged Revenues During Loan Repayment. The BORROWER shall not sell, <br />convey, assign, grant, transfer, mortgage, pledge, encumber, or otherwise dispose of <br />the PLEDGED REVENUES, so long as any of the principal, accrued interest, and late <br />charges, if any, on this loan remain unpaid, without the prior written concurrence of <br />the CWCB. <br />10. Release After Loan Is Repaid. Upon complete repayment to the CWCB of the entire <br />principal, all accrued interest, and late charges, if any, as specified in the PROMISSORY <br />NOTE, the CWCB agrees to release and terminate any and all of the CWCB'S right, title, <br />and interest in and to the PLEDGED REVENUES. <br />11. Warranties. <br />a. The BORROWER warrants that, by acceptance of the loan under this CONTRACT and <br />by its representations herein, the BORROWER shall be estopped from asserting for <br />any reason that it is not authorized or obligated to repay the loan to the CWCB as <br />required by this CONTRACT. <br />b. The BORROWER warrants that it has not employed or retained any company or <br />person, other than a bona fide employee working solely for the BORROWER, to <br />solicit or secure this CONTRACT and has not paid or agreed to pay any person, <br />company, corporation, individual, or firm, other than a bona fide employee, any fee, <br />commission, percentage, gift, or other consideration contingent upon or resulting <br />from the award or the making of this CONTRACT. <br />c. The BORROWER warrants that the PLEDGED REVENUES and COLLATERAL for this <br />loan are not encumbered by any other deeds of trust or liens of any party other <br />than the CWCB or in any other manner, except for any existing lien(s) identified in <br />Section 5 (Schedule of Existing Debt) of the PROJECT SUMMARY, which sets forth <br />the position of the lien created by this CONTRACT in relation to any existing lien(s). <br />12. Remedies for Default. Upon default in the payments to be made by the BORROWER <br />under this CONTRACT, or default in the performance of any covenant or agreement <br />contained herein, the CWCB, at its option, may: <br />a. suspend this CONTRACT and withhold further loan disbursements pending corrective <br />action by the BORROWER, and if the BORROWER does not cure the default as <br />provided for below, permanently cease loan disbursements and deem the PROJECT <br />substantially complete; <br />b. exercise its rights under any appendices to this CONTRACT, including, but not limited <br />to, the PROMISSORY NOTE and SECURITY AGREEMENT; and /or <br />c. take any other appropriate action. <br />The CWCB shall provide written notice to the BORROWER of any such default and shall <br />give the BORROWER an opportunity to cure within thirty (30) days of receipt of such <br />notice. All remedies described herein may be simultaneously or selectively and <br />successively enforced. The CWCB may enforce the provisions of this CONTRACT at its <br />Loan Contract No. C150337 <br />Page 5 of 12 <br />
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