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b. dissolution, termination of existence, insolvency, business failure, appointment of a receiver of any <br /> part of the property of, assignment for the benefit of creditors by, or the commencement of any <br /> proceeding under any bankruptcy or insolvency law of, by or against DEBTOR; or <br /> c. the making or furnishing of any warranty, representation or statement to SECURED PARTY by or on <br /> behalf of DEBTOR which proves to have been false in any material respect when made or furnished. <br /> UPON SUCH DEFAULT and at any time thereafter, SECURED PARTY shall have the remedies of <br /> a secured party under Section 11-57-208, Colorado Revised Statutes, as amended. SECURED PARTY <br /> may require DEBTOR to deliver or make the COLLATERAL available to SECURED PARTY at a place to be <br /> designated by SECURED PARTY, which is reasonably convenient to both parties. Expenses of retaking, <br /> holding, preparing for sale, selling or the like shall include SECURED PARTY'S reasonable attorney's fees and <br /> legal expenses. <br /> The SECURED PARTY shall give the DEBTOR written notice of any alleged default and an <br /> opportunity to cure within thirty (30) days of receipt of such notice before the DEBTOR shall be considered <br /> in default for purposes of this Security Agreement. No default shall be waived by SECURED PARTY except in <br /> writing, and no waiver by SECURED PARTY of any default shall operate as a waiver of any other default or of <br /> the same default on a future occasion. The taking of this security agreement shall not waive or impair any <br /> other security SECURED PARTY may have or hereafter acquire for the payment of the above indebtedness, nor <br /> shall the taking of any such additional security waive or impair this security agreement; but SECURED PARTY <br /> shall retain its rights of set-off against DEBTOR. In the event court action is deemed necessary to enforce the <br /> terms and conditions set forth herein, said action shall only be brought in the District Court for the City and <br /> County of Denver, State of Colorado, and DEBTOR consents to venue and personal jurisdiction in said Court. <br /> All rights of SECURED PARTY hereunder shall inure to the benefit of its successors and assigns; and all <br /> promises and duties of DEBTOR shall bind its successors or assigns. <br /> DEBTOR: Boulder & Left Hand Irrigation Company, a <br /> Colorado nonprofit corporation <br /> (S E A L) <br /> By e f(<�� I-� t3`> <br /> Signature <br /> Attest: ` <br /> NAME: vbi-1.,v r-\ _ i�� c► 4401— <br /> TITLE: ..1"-t- <br /> -t- DATE: tliz- 30 , Z0 (3 <br /> By <br /> Signature <br /> NAME: c V_. AA) 1- <br /> TITLE: A -( QTI. <br /> DATE: rvx'--&�jz 3D <br /> Appendix 4 to Loan Contract C150357 <br /> Page 2 of 2 <br />