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UPON SUCH DEFAULT and at any time thereafter, SECURED PARTY shall have the remedies of a <br /> secured party under Article 9 of the Colorado Uniform Commercial Code. SECURED PARTY may require <br /> DEBTOR to deliver or make the PLEDGED PROPERTY available to SECURED PARTY at a place to be designated <br /> by SECURED PARTY, which is reasonably convenient to both parties. Expenses of retaking, holding, preparing <br /> for sale, selling or the 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 and an opportunity <br /> to cure within thirty (30) days of receipt of such notice before the DEBTOR shall be considered in default for <br /> purposes of this Security Agreement. No default shall be waived by SECURED PARTY except in writing, and <br /> no waiver by SECURED PARTY of any default shall operate as a waiver of any other default or of the same <br /> default on a future occasion. The taking of this security agreement shall not waive or impair any other <br /> security SECURED PARTY may have or hereafter acquire for the payment of the above indebtedness, nor shall <br /> the taking of any such additional security waive or impair this security agreement; but SECURED PARTY shall <br /> retain its rights of set-off against DEBTOR. In the event court action is deemed necessary to enforce the terms <br /> and conditions set forth herein, said action shall only be brought in the District Court for the City and County <br /> 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 <br /> all promises and duties of DEBTOR shall bind its successors or assigns. <br /> DEBTOR: Fulton Irrigating Ditch Company, <br /> . olorado nonprofit corporation <br /> (SEAL) , <br /> i Aii� ;� - <br /> Attest: <br /> bNAME: %s1 I <br /> e,- lCa�a <br /> TITLE: rPPESL cleti r <br /> DATE: J a'J/ <br /> By <br /> Signature <br /> NAME: l 4 <br /> TITLE: 5;;;t ��/�✓ <br /> DATE: y —2r— /y <br /> Appendix 4 to Loan Contract C150399 <br /> Page 2 of 2 <br />