Laserfiche WebLink
SECURITY AGREEMENT <br /> DATE: JUNE 11,2015 <br /> DEBTOR: LOWER POUDRE AUGMENTATION COMPANY <br /> SECURED PARTY: COLORADO WATER CONSERVATION BOARD <br /> PROMISSORY NOTE: $1,163,015 <br /> TERMS OF REPAYMENT: 1.75%PER ANNUM FOR 30 YEARS <br /> CONTRACT NUMBER: CT2015-171 <br /> PLEDGED PROPERTY: All revenues derived from well augmentation fee assessment revenues <br /> and all of DEBTOR'S right to receive said assessment revenues to repay the loan as described in PLEDGED <br /> PROPERTY provisions of the LOAN CONTRACT and DEBTOR'S Resolutions adopted June 11, 2015. <br /> To secure payment of the loan evidenced by the PROMISSORY NOTE payable in accordance with the TERMS <br /> OF REPAYMENT, or until all principal, interest, and late charges, if any, are paid in full, the DEBTOR grants to <br /> SECURED PARTY a security interest in the above described Pledged Property. <br /> DEBTOR EXPRESSLY WARRANTS AND COVENANTS: <br /> 1. That except for the security interest granted hereby and any other security interests described in Section <br /> 5 of the LOAN CONTRACT PROJECT SUMMARY, DEBTOR iS the owner of the PLEDGED PROPERTY free from <br /> any adverse lien, security interest or encumbrances; and that DEBTOR will defend the PLEDGED PROPERTY <br /> against all claims and demands of all persons at any time claiming the same or any interest therein. <br /> 2. That the execution and delivery of this agreement by DEBTOR will not violate any law or agreement <br /> governing DEBTOR or to which DEBTOR is a party. <br /> 3. To not permit or allow any adverse lien, security interest or encumbrance whatsoever upon the PLEDGED <br /> PROPERTY and not to permit the same to be attached or replevined. <br /> 4. That by its acceptance of the loan money pursuant to the terms of the CONTRACT and by its <br /> representations herein, DEBTOR shall be estopped from asserting for any reason that it is not authorized <br /> to grant a security interest in the PLEDGED PROPERTY pursuant to the terms of this agreement. <br /> 5. To pay all taxes and assessments of every nature that may be levied or assessed against the PLEDGED <br /> PROPERTY. <br /> 6. That the DEBTOR'S articles of incorporation and by-laws do not prohibit any term or condition of this <br /> agreement. <br /> UNTIL DEFAULT DEBTOR may have possession of the PLEDGED PROPERTY, provided that DEBTOR <br /> keeps the PLEDGED PROPERTY in an account separate from other revenues of DEBTOR and does not use the <br /> PLEDGED PROPERTY for any purpose not permitted by the CONTRACT. Upon default, SECURED PARTY shall <br /> have the immediate right to the possession of the PLEDGED PROPERTY. <br /> DEBTOR SHALL BE IN DEFAULT under this agreement upon any of the following events or <br /> conditions: <br /> a. default in the payment or performance of any obligation contained herein or in the PROMISSORY <br /> NOTE or LOAN CONTRACT; <br /> b. dissolution, termination of existence, insolvency, business failure, appointment of a receiver of any <br /> part of the property of, assignment for the benefit of creditors by, or the commencement of any <br /> proceeding under any bankruptcy or insolvency law of, by or against DEBTOR; or <br /> C. the making or furnishing of any warranty, representation or statement to SECURED PARTY by or on <br /> behalf of DEBTOR which proves to have been false in any material respect when made or furnished. <br /> Appendix 4 <br /> Page 1 of 2 <br />