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CT2015-090 Contract
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CT2015-090 Contract
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Last modified
2/17/2017 3:28:57 PM
Creation date
10/10/2014 10:51:04 AM
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Loan Projects
Contract/PO #
CT2015-090
C150402
Contractor Name
Ephraim Ditch Company
Contract Type
Loan
Water District
22
County
Rio Grande
Loan Projects - Doc Type
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• S <br /> solicit or secure this CONTRACT and has not paid or agreed to pay any person, <br /> company, corporation, individual, or firm, other than a bona fide employee, any <br /> fee, commission, percentage, gift, or other consideration contingent upon or <br /> resulting from the award or the making of this CONTRACT. <br /> c. The BORROWER warrants that the Pledged Property and Collateral for this loan <br /> are not encumbered by any other deeds of trust or liens of any party other than <br /> the CWCB or in any other manner, except for any existing lien(s) identified in <br /> Section 5 (Schedule of Existing Debt) of the PROJECT SUMMARY, which sets forth <br /> the position of the lien created by this CONTRACT in relation to any existing lien(s). <br /> Documentation establishing the relative priorities of said liens, if necessary, is <br /> attached to the PROJECT SUMMARY and incorporated herein. <br /> 13. Change of Ownership of Water Shares during Term of Contract. If the interest <br /> rate for this loan is based on the CWCB's agricultural or blended agricultural and <br /> municipal and/or commercial and/or industrial rates, the BORROWER agrees to notify <br /> the CWCB of any change of the ownership of the water rights represented by its <br /> shares from irrigation to municipal or commercial or industrial use. The interest rate <br /> shall be revised when said change in ownership would increase the original interest <br /> rate by 0.5% or more. The parties shall amend this CONTRACT including a revised <br /> promissory note, to effect said change in interest rate. <br /> 14. Remedies for Default. Upon default in the payments to be made by the BORROWER <br /> under this CONTRACT, or default in the performance of any covenant or agreement <br /> contained herein, the CWCB, at its option, may: <br /> a. suspend this CONTRACT and withhold further loan disbursements pending <br /> corrective action by the BORROWER, and if the BORROWER does not cure the default <br /> as provided for below, permanently cease loan disbursements and deem the <br /> PROJECT substantially complete; <br /> b. declare the entire principal amount, accrued interest, and late charges, if any, then <br /> outstanding immediately due and payable; <br /> c. exercise its rights under any appendices to this CONTRACT, including, but not <br /> limited to, the Promissory Note, Security Agreement, and/or any instrument <br /> securing collateral; and/or <br /> d. take any other appropriate action. <br /> The CWCB shall provide written notice to the BORROWER of any such default and <br /> shall give the BORROWER an opportunity to cure within thirty (30) days of receipt of <br /> such notice. All remedies described herein may be simultaneously or selectively and <br /> successively enforced. The CWCB may enforce the provisions of this CONTRACT at its <br /> option without regard to prior waivers of previous defaults by the BORROWER, through <br /> judicial proceedings to require specific performance of this CONTRACT, or by such <br /> other proceedings in law or equity as may be deemed necessary by the CWCB to <br /> ensure compliance with provisions of this CONTRACT and the laws and regulations <br /> under which this CONTRACT is executed. The CWCB's exercise of any or all of the <br /> Page 5 of 12 <br />
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