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C150358 Contract
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C150358 Contract
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Last modified
12/30/2015 3:06:00 PM
Creation date
10/1/2013 8:22:55 AM
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Loan Projects
Contract/PO #
C150358
Contractor Name
Henrylyn Irrigation District
Contract Type
Loan
Water District
1
County
Weld
Loan Projects - Doc Type
Contract Documents
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required by the terms of this CONTRACT and the PROMISSORY NOTE, to cover all <br />expenditures for operation and maintenance and emergency repair services, and to <br />maintain adequate debt service reserves. In the event the assessments levied by <br />the BORROWER become insufficient to assure such repayment to the CWCB, the <br />BORROWER shall immediately take all necessary action consistent with its statutory <br />authority, its articles of incorporation and bylaws including, but not limited to, levying <br />additional assessments to raise sufficient revenue to assure repayment of this loan. <br />d. Debt Service Reserve Account. To establish and maintain the debt service <br />reserve account, the BORROWER shall deposit an amount equal to one -tenth of an <br />annual payment into its debt service reserve fund on the due date of its first annual <br />loan payment and annually thereafter for the first ten years of repayment of this <br />loan. In the event that the BORROWER applies funds from this account to <br />repayment of the loan, the BORROWER shall replenish the account within ninety <br />(90) days of withdrawal of the funds. <br />9. Collateral. The COLLATERAL for this loan is described in Section 6 (COLLATERAL) of the <br />PROJECT SUMMARY, and secured by the SECURITY INSTRUMENT(S) <br />10. Collateral During Loan Repayment. The BORROWER shall not sell, convey, assign, <br />grant, transfer, mortgage, pledge, encumber, or otherwise dispose of the COLLATERAL <br />or the PLEDGED PROPERTY 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. In the event of any such sale, transfer or encumbrance without the <br />CWCB's written concurrence, the CWCB may at any time thereafter declare all <br />outstanding principal, interest, and late charges, if any, on this loan immediately due <br />and payable. <br />11. 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 COLLATERAL and the PLEDGED PROPERTY. <br />12. Additional Debts or Bonds. The BORROWER shall not issue any indebtedness <br />payable from the PLEDGED ASSESSMENT REVENUES and having a lien thereon which is <br />superior to the lien of this loan. The BORROWER may issue parity debt only with the <br />prior written approval of the CWCB, provided that: <br />i. The BORROWER is currently and at the time of the issuance of the parity debt <br />in substantial compliance with all of the obligations of this CONTRACT, <br />including, but not limited to, being current on the annual payments due under <br />this CONTRACT and in the accumulation of all amounts then required to be <br />accumulated in the BORROWER's debt service reserve fund; <br />ii. The BORROWER provides to the CWCB a Parity Certificate from an <br />independent certified public accountant certifying that, based on an analysis of <br />the BORROWER's revenues, for 12 consecutive months out of the 18 months <br />immediately preceding the date of issuance of such parity debt, the <br />BORROWER's revenues are sufficient to pay its annual operating and <br />Loan Contract C150358 <br />Page 4 of 12 <br />
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