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• • <br /> PROMISSORY NOTE <br /> Date: April 1, 2002 Date of Completion <br /> 1. FOR VALUE RECEIVED, the Weld County Tri-Area Sanitation District, acting by and through <br /> the Weld County Tri-Area Sanitation District Water Activity Enterprise ("BORROWER") <br /> promises to pay the State of Colorado Water Conservation Board ("CWCB"), the principal <br /> sum of One Million Five Hundred Thousand Dollars ($1,500,000) plus interest at the rate of <br /> five percent (5%) per annum for a term of thirty (30) years, pursuant to Loan Contract No. <br /> C150036 dated April 1, 2002 ("LOAN CONTRACT"). <br /> 2. Principal and interest shall be payable in equal installm " . $1' ,'I'�15, with the first <br /> payment due and payable one year from the date that - ` ti z .-rmines that the <br /> project is substantially complete, and annually thereat r n 'I all principal, interest, and all <br /> late charges, if any, have been paid in full. All princip� nt . 4 , t charges, if any, <br /> then remaining unpaid shall be due and payable 30 years the, ' -r.. :" <br /> 3. Payments shall be made payable to the Colorado Water Conservation Board and mailed to <br /> 1313 Sherman Street, Room 721, Denver, Colorado 80203. <br /> 4. If the CWCB does not receive the annual payment within 15 calendar days of the due date, <br /> the CWCB may impose a late charge in the amount of 5% of the annual payment. <br /> 5. This Note may be prepaid in whole or in part at any time without premium or penalty. Any <br /> partial prepayment shall not postpone the due date of any subsequent payments or change <br /> the amount of such payments. <br /> 6. All payments received shall be applied first to late charges, if any, next to accrued interest <br /> and then to reduce the principal amount. <br /> 7. This Note, including interest thereon, is payable solely from the Pledged Revenues as <br /> defined in the Loan Contract, and this Note does not constitute a debt of the District within <br /> the meaning of any constitutional or statutory limitations. <br /> 8. This Note is issued pursuant to -the LOAN CONTRACT between the CWCB and the <br /> BORROWER. The LOAN CONTRACT creates security interests in favor of the CWCB to secure <br /> the prompt payment of all amounts that may become due hereunder. The security <br /> interests, evidenced by a Security Agreement, cover certain revenues and accounts of the <br /> BORROWER. The LOAN CONTRACT and Security Agreement grant additional rights to the <br /> CWCB, including the right to accelerate the maturity of this Note in certain events. <br /> 9. If any annual payment is not paid when due or any default under the LOAN CONTRACT or the <br /> Security Agreement securing this Note occurs, the CWCB may declare the entire <br /> outstanding principal balance of the Note, all accrued interest, and any outstanding late <br /> charges immediately due and payable, and the indebtedness shall bear interest at the rate <br /> of 7% per annum from the date of default. The CWCB shall give the BORROWER written <br /> notice of any alleged default and an opportunity to cure within thirty (30) days of receipt of <br /> such notice before the BORROWER shall be considered in default for purposes of this <br /> Promissory Note. <br /> Appendix 2 to Loan Contract C150036 <br />