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C153579 PIF
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Last modified
1/16/2015 12:24:58 PM
Creation date
1/16/2015 12:24:54 PM
Metadata
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Template:
Loan Projects
Contract/PO #
C153579
Contractor Name
Highline Buzzard Ditch Company
Contract Type
Loan
Loan Projects - Doc Type
Contract Documents
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5. Prcnmpt■ to notify Secure I,. of any change in the location of the Collate <br /> 6. To pay all taxes and assessments of every nature which may be levied or assessed against the Collateral. <br /> 7. Not to permit or allow any adverse lien,security interest or encumbrance whatsoever upon the Collateral and not to <br /> permit the same to be attached or replevined. <br /> 8. Tnat the Collateral is in good condition,and that he will.at his own expense.keep the same in good condition and <br /> from time to time. forthwith. replace and repair all such parts of the Collateral as may be broken.worn out.or damaged without <br /> allowing any lien to be created upon the Collateral on account of such replacement or repairs, and that the Secured Party may <br /> examine and inspect the Collateral at any time, wherever located. <br /> 9. That he will not use the Collateral in violation of any applicable statutes, regulations or ordinances. <br /> 10. The Debtor will keep the Collateral at all times insured against risks of loss or damage by fire (including so- <br /> called extended coverage),theft and such other casualties as the Secured Party may reasonably require,including collision <br /> in the case of any motor vehicle.all in such amounts,under such forms of policies,upon such terms.for such periods,and <br /> written by such companies or underwriters as the Secured Party may approve, losses in all cases to be payable to the <br /> Secured Party and the Debtor as their interest may appear.All policies of insurance shall provide for at least ten days'prior <br /> written notice of cancellation to the Secured Party;and the Debtor shall furnish the Secured Party with certificates of such <br /> insurance or other evidence satisfactory to the Secured Party as to compliance with the provisions of this paragraph. The <br /> Secured Party may act as attorney for the Debtor in making, adjusting and settling claims under or cancelling such <br /> insurance and endorsing the Debtor's name on any drafts drawn by insurers of the Collateral. <br /> UNTIL DEFAULT Debtor may have possession of the Collateral and use it in any lawful manner. and upon default <br /> Secured Party shall have the immediate right to the possession of the Collateral. <br /> DEBTOR SHALL BE IN DEFAULT under this agreement upon the happening of any of the following events or <br /> conditions: <br /> (a) default in the payment or performance of any obligation,covenant or liability contained or referred to herein or in any <br /> note evidencing the same; <br /> (b) the making or furnishing of any warranty, representation or statement to Secured Party by or on behalf of Debtor <br /> which proves to have been false in any material respect when made or furnished: <br /> (c) loss.theft,damage,destruction,sale or encumbrance to or of any of the Collateral,or the making of any levy seizure <br /> or attachment thereof or thereon: <br /> (d) death.dissolution,termination or existence,insolvency,business failure,appointment of a receiver of any part of the <br /> property of. assignment for the benefit of creditors by, or the commencement of any proceeding under any bankruptcy or <br /> insolvency laws of. by or against Debtor or any guarantor or surety for Debtor. <br /> UPON SUCH DEFAULT and at any time thereafter, or if it deems itself insecure, Secured Party may declare all <br /> Obligations secured hereby immediately due and payable and shall have the remedies of a secured party under Article 9 of the <br /> Colorado Uniform Commercial Code. Secured Party may require Debtor to assemble the Collateral and deliver or make it <br /> available to Secured Party at a place to be designated by Secured Party which is reasonably convenient to both parties.Expenses of <br /> retaking, holding. preparing for sale, selling or the like shall include Secured Party's reasonable attorney's fees and legal <br /> expenses. <br /> No waiver by Secured Party of any default shall operate as a waiver of any other default or.41.1,7,,- same default on a future <br /> occasion. The taking of this security agreement shall not waive or impair any other security s 1`r d may have or <br /> hereafter acquire for the payment of the above indebtedness,nor shall the taking of any such ad. "-, 4x .r impair <br /> this security agreement: but said Secured Party may resort to any security it may ha a order it , •per, and <br /> notwithstanding any collateral security. Secured Party shall retain its rights of set-off i t. <br /> All rights of Secured Pam hereunder shall inure to the benefit of its successors and assir, s: . •I . r• i n ties of <br /> Debtor shall bind his heirs.executors or administrators or his or its successors or assigns. If there be mo . e D or,their <br /> liabilities hereunder shall be joint and several. <br /> i <br /> Date this 'I`-�' day of N��u . 19 __ <br /> Debtor: Secured Pam:* <br /> Hiyhline-buzzard Ditch Company , Colorado Water Conservation Board <br /> 7Ae. - 1 `1/4,-/..- 17 r—,--- <br /> 'tt MI.SWIM AAtment is InlefJtSI I.•sent.y..1 uo:■l.lne.I.Ilenxfll secured Nth.15..x'11 is the Jef..r MUM s en t-D i r e c t o r <br />
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