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STATE OF COLORADO <br />UNIFORM COMMERCIAL CODE - SECURITY AGREEMENT & FINANCING STATEMENT <br />COLORADO SECRETARY OF STATE <br />1560 Broadway, Suite 200 - Denver, CO 80202 -5169 <br />DEBTOR: DIVIDE CANAL AND RESERVOIR COMPANY <br />P. O. Box 206 COQ <br />Eaton, Colorado 80615 <br />FEDERAL TAX ID #: 84- 0190I1X� <br />SECURED PARTY: STATE OF COLORADO for the use and benefit of <br />The Department of Natural Resources, Colorado Water Conservation Board <br />1313 Sherman Street, Room 741 <br />Denver, CO 80203 9612002983 C CLOG <br />SECRETARY OF STATE <br />COLLATERAL 01-11-96 11:06, <br />CLASSIFICATION: X CONTRACT RIGHTS X OTHER <br />DEBTOR, for consideration, hereby grants to SECURED PARTY a security interest in the following property and any and all additions, accessions <br />and substitutions thereto or therefor, hereinafter called the COLLATERAL: Water rights of the Worster Reservoir, located in the SWSWSE of <br />Section 5, Township 11 North, Range 74 West of the Sixth Principal Meridian, Larimer County, the decreed amount of 1,515 acre feet, <br />adjudication date of April 22, 1922, appropriation date of July 14, 1907, Court Case #2031, as described in Contract #C153641 L dated <br />October 8, 1993, then amended by Amendment #1. <br />To secure payment of the indebtedness evidenced by certain Promissory Note Provisions of Loan Contract described above between the <br />above named parties herewith, payable to the SECURED PARTY, or order, as follows: as described in the Promissory Note Provisions of Loan <br />Contract and Amendment described above. <br />DEBTOR EXPRESSLY WARRANTS AND COVENANTS: <br />1. That except for the security interest granted hereby DEBTOR is, or to the extent that this agreement states that the COLLATERAL <br />is to be acquired after the date hereof, will be, the owner of the COLLATERAL free from any adverse lien, security interest or encumbrances; <br />and that DEBTOR will defend the COLLATERAL against all claims and demands of all persons at anytime claiming the same or any interest <br />therein. <br />The COLLATERAL is used or bought primarily for: <br />_ Personal, family or household purposes; <br />_ Use in farming operations; <br />_ Use in business; <br />X Other. <br />3. That DEBTOR'S address is as stated above, and the COLLATERAL will be kept at the above address. <br />4. If any of the COLLATERAL is crops, oil, gas or minerals to be extracted or timber to be cut, or goods which are or are to become <br />fixtures, said COLLATERAL concerns the following described real estate situate in the County of Larimer and State of Colorado, to -wit: N/A <br />5. Promptly to notify SECURED PARTY of any changes in the location of the COLLATERAL. <br />6. To pay all taxes and assessments of every nature which may be levied or assessed against the COLLATERAL. <br />7. To not permit or allow any adverse lien, security interest or encumbrance whatsoever upon the COLLATERAL and not to permit the <br />same to be attached or replevined. <br />8. That the COLLATERAL is in good condition, and that the DEBTOR will, at its own expense, keep the same in good condition and from <br />time to time, forthwith, replace and repair all such parts of the collateral as may be broken, worn out, or damaged without allowing any lien <br />to be created upon the COLLATERAL on account of such replacement or repairs, and that the SECURED PARTY may examine and inspect the <br />COLLATERAL at any time, wherever located. <br />9. That the DEBTOR will not use the COLLATERAL in violation of any applicable statutes, regulations or ordinances. <br />10. The DEBTOR will keep the COLLATERAL at all times insured against risks of loss or damage by fire (including so- called extended <br />coverage), theft and such other casualties as the SECURED PARTY may reasonably require, including collision in the case of any motor vehicle, <br />ATTACHMENT F <br />