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a. default in the payment or performance of any obligation contained herein or in the <br />Promissory Note or Loan Contract; <br />b. dissolution, termination of existence, insolvency, business failure, appointment of a <br />receiver of any part of the property of, assignment for the benefit of creditors by, or <br />the commencement of any proceeding under any bankruptcy or insolvency law of, <br />by or against DEBTOR; or <br />c. the making or furnishing of any warranty, representation or statement to SECURED <br />PARTY by or on behalf of DEBTOR which proves to have been false in any material <br />respect when made or furnished. <br />UPON SUCH DEFAULT and at any time thereafter, SECURED PARTY shall have the <br />remedies of a secured party under Article 9 of the Colorado Uniform Commercial Code. <br />SECURED PARTY may require DEBTOR to deliver or make the COLLATERAL available to <br />SECURED PARTY at a place to be designated by SECURED PARTY, which is reasonably <br />convenient to both parties. Expenses of retaking, holding, preparing for sale, selling or the <br />like shall include SECURED PARTY's reasonable attorney's fees and legal expenses. <br />The SECURED PARTY shall give the DEBTOR written notice of any alleged default <br />and an opportunity to cure within thirty (30) days of receipt of such notice before the <br />DEBTOR shall be considered in default for purposes of this Security Agreement. No <br />default shall be waived by SECURED PARTY except in writing,. .81 waiver by SECURED <br />PARTY of any default shall operate as a waiver of any otherlefautt -fir of the same default <br />on a future occasion. The taking of this security agreement sha71 not W6 e or impair any <br />other security SECURED PARTY may have or hereafter acquire for th0`'paynle t'of the above <br />indebtedness, nor shall the taking of any such additional security` wive or impair this <br />security agreement; but SECURED PARTY shall retain its. �lts oi' et -off against DEBTOR. In <br />the event court action is deemed necessary to enforcq'ahe terms and conditions set forth <br />herein, said action shall only be brought in the Distric r _Court for the City and County of <br />Denver, State of Colorado, and DEBTOR consents to venue and personal jurisdiction in said <br />Court. <br />All rights of SECURED PARTY hereunder shall inure to the benefit of its successors <br />and assigns; and all promises and duties of DEBTOR shall bind its successors or assigns. <br />SEAL <br />DEBTOR: Republican River Water Conservation <br />District, acting by and through its Water Activity <br />Enterpris <br />By <br />ennis b6ryeII15t7re!iident <br />ATT!!� _ <br />By <br />Timothy Pa r, Secretary <br />Appendix 4 to Loan Contract C150275 <br />Page 2 of 2 <br />