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• <br /> COLLATERAL. <br /> DEBTOR SHALL BE IN DEFAULT under this agreement upon any of the <br /> following events or conditions: <br /> a. default in the payment or performance of any obligation contained herein or in the <br /> Promissory Note or Loan Contract; <br /> b. dissolution, termination of existence, insolvency, business failure, appointment of <br /> a receiver of any part of the property of, assignment for the benefit of creditors by, <br /> or the commencement of any proceeding under any bankruptcy or insolvency law <br /> of, by or against DEBTOR; or <br /> c. the making or furnishing of any warranty, representation or statement to SECURED <br /> PARTY by or on behalf of DEBTOR which proves to have been false in any material <br /> respect when made or furnished. <br /> UPON SUCH DEFAULT and at any time thereafter, SECURED PARTY shall have the <br /> remedies of a secured party under Article 9 of the Colorado Uniform Commercial Code. <br /> SECURED PARTY may require DEBTOR to deliver or make the COLLATERAL available to <br /> SECURED PARTY at a place to be designated by SECURED PARTY, which is reasonably <br /> convenient to both parties. Expenses of retaking, holding, preparing for sale, selling or <br /> 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 <br /> default and an opportunity to cure within thirty (30) days of receipt of such notice before <br /> the DEBTOR shall be considered in default for purposes of this Security Agreement. No <br /> default shall be waived by SECURED PARTY except in writing, and no waiver by SECURED <br /> PARTY of any default shall operate as a waiver of any other default or of the same default <br /> on a future occasion. The taking of this security agreement shall not waive or impair any <br /> other security SECURED PARTY may have or hereafter acquire for the payment of the <br /> above indebtedness, nor shall the taking of any such additional security waive or impair <br /> this security agreement; but SECURED PARTY shall retain its rights of set-off against <br /> DEBTOR. In the event court action is deemed necessary to enforce the terms and <br /> conditions set forth herein, said action shall only be brought in the District Court for the <br /> City and Cou of Denver, State of Colorado, and DEBTOR consents to venue and <br /> personal_purls. i •urt. <br /> All rig, _ 4 r P, •RTY hereunder shall inure to the benefit of its successors <br /> and as ¢ all pro and duties of DEBTOR shall bind its successors or assigns. <br /> DEBTOR: Central Weld County Water <br /> •' g by and throut its Wat <br /> k) 1,1 • - ctivity En - •rise <br /> G <br /> +ames Mille , air n of the Board of <br /> c., , - A } Directors and Pr sident of the District <br /> ATTE <br /> • <br /> By G24/0.14L (A) r C.Taln/ <br /> James Park, Secretary of the District <br /> Appendix 4 to Loan Contract C150122 <br /> S Page2of2 <br /> • <br />