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C150398 Contract
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C150398 Contract
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Last modified
5/28/2015 4:12:15 PM
Creation date
2/10/2015 7:48:11 AM
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Loan Projects
Contract/PO #
CT2015-151
C150398
Contractor Name
Louden Irrigating Canal & Reservoir Company
Contract Type
Loan
County
Larimer
Loan Projects - Doc Type
Contract Documents
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establishing the relative priorities of said liens, if necessary, is attached to the PROJECT <br /> 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 /> remedies described herein shall not relieve the BORROWER of any of its duties and <br /> obligations under this CONTRACT. <br /> 15. Operation of PROJECT. The BORROWER shall, without expense or legal liability to the <br /> CWCB, manage, operate, and maintain the PROJECT continuously in an efficient and <br /> economical manner. <br /> 16. BORROWER'S Liability Insurance. <br /> a. Upon execution of this CONTRACT and continuing until complete repayment of the <br /> Loan Contract C150398 <br /> Page 5 of 12 <br />
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