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C150378 Contract
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C150378 Contract
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Last modified
12/19/2014 2:12:24 PM
Creation date
3/3/2014 10:36:01 AM
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Loan Projects
Contract/PO #
CT2015-003
C150378
Contractor Name
North Poudre Irrigation Company
Contract Type
Loan
Water District
3
County
Larimer
Loan Projects - Doc Type
Contract Documents
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SECURITY AGREEMENT <br /> (PLEDGE OF REVENUES) <br /> DATE: February 5, 2014 <br /> DEBTOR: The North Poudre Irrigation Company, a Colorado nonprofit corporation <br /> SECURED PARTY: Colorado Water Conservation Board <br /> PROMISSORY NOTE: $1,636,200 <br /> TERMS OF REPAYMENT: 30 years <br /> LOAN CONTRACT: C150378 <br /> COLLATERAL: All revenues derived from assessments on stock and all of DEBTOR'S right <br /> to receive said assessment revenues to repay the loan as described in <br /> PLEDGED PROPERTY provisions of the LOAN CONTRACT and DEBTOR'S <br /> RESOLUTIONS adopted on February 3, 2014 and February 5, 2014. <br /> To secure payment of the loan evidenced by the PROMISSORY NOTE payable in accordance with the TERMS <br /> OF REPAYMENT, or until all principal, interests, and late charges, if any, are paid in full, the DEBTOR grants to <br /> SECURED PARTY a security interest in the above described COLLATERAL. <br /> DEBTOR EXPRESSLY WARRANTS AND COVENANTS: <br /> 1. That except for the security interest granted hereby and any other security interests described in Section <br /> 5 of the LOAN CONTRACT PROJECT SUMMARY, DEBTOR IS the owner of the COLLATERAL free from any <br /> adverse lien, security interest or encumbrances; and that DEBTOR will defend the COLLATERAL against all <br /> claims and demands of all persons at any time claiming the same or any interest therein. <br /> 2. That the execution and delivery of this agreement by DEBTOR will not violate any law or agreement <br /> governing DEBTOR or to which DEBTOR is a party. <br /> 3. To not permit or allow any adverse lien, security interest or encumbrance whatsoever upon the <br /> COLLATERAL and not to permit the same to be attached or replevined. <br /> 4. That by its acceptance of the loan money pursuant to the terms of the CONTRACT and by its <br /> representations herein, DEBTOR shall be estopped from asserting for any reason that it is not authorized <br /> to grant a security interest in the COLLATERAL pursuant to the terms of this agreement. <br /> 5. To pay all taxes and assessments of every nature that may be levied or assessed against the <br /> COLLATERAL. <br /> 6. That the DEBTOR'S articles of incorporation and by-laws do not prohibit any term or condition of this <br /> agreement. <br /> UNTIL DEFAULT DEBTOR may have possession of the COLLATERAL, provided that DEBTOR keeps the <br /> COLLATERAL in an account separate from other revenues of DEBTOR and does not use the COLLATERAL for <br /> any purpose not permitted by the CONTRACT. Upon default, SECURED PARTY shall have the immediate right to <br /> the possession of the COLLATERAL. <br /> DEBTOR SHALL BE IN DEFAULT under this agreement upon any of the following events or <br /> conditions: <br /> a. default in the payment or performance of any obligation contained herein or in the PROMISSORY <br /> NOTE or LOAN CONTRACT; <br /> 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 /> Appendix 4 to Loan Contract C150378 <br /> Page 1 of 2 <br />
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