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SECURITY AGREEMENT <br /> DEBTOR: Plumb and Dailey Ditch Company <br /> 4239 WCR 22 <br /> Longmont, CO 80504 <br /> FEDERAL TAX NUMBER: 84-0293625 <br /> COUNTY: WELD(CODE: 03) <br /> SECURED PARTY: State of Colorado - Colorado Wa °• 1 •f " '-1 <br /> 1313 Sherman Street, Room 721 <br /> Denver, CO 80203 <br /> COLLATERAL: Contract Rights (Code: 030) <br /> DEBTOR, for consideration, hereby grants to SECURED PARTY a security inter in t e following <br /> property and any and all additions, accessions and substitutions thereto o' erefo hereinafter <br /> called the COLLATERAL: All revenues derived from assessments on stock and all!of DEB OR'S right to <br /> receive said assessment revenues to repay the indebtedness on the amour t N•aped o debtor by <br /> secured party, as described in Pledge of Property provisions in Contract Nb. C1 10048 (i ONTRACT). <br /> To secure payment of the indebtedness evidenced by the Promissory Note 1)etwe:•nthe .bove named <br /> parties herewith, payable to the SECURED PARTY, the loan amount of $42;000 - an ins-rest rate of <br /> 3.75% per annum for a period of 20 years in accordance with said Promissory Not,- or un t 1 all principal <br /> and interest are paid in full. <br /> DEBTOR EXPRESSLY WARRANTS AND COVENANTS: <br /> 1. That except for the security interest granted hereby, DEBTOR is, or to the exten' that th agreement <br /> states that the COLLATERAL is to be acquired after the date hereof, will b::, the •wner of the <br /> COLLATERAL free from any adverse lien, security interest or encumbrances' -nd that DEBTOR will <br /> defend the COLLATERAL against all claims and demands of all persons at anyti l- claim ng the same <br /> or any interest therein. <br /> 2. That the execution and delivery of this agreement by DEBTOR will not violate a y •r agreement <br /> governing DEBTOR or to which DEBTOR is a party. <br /> 3. That, if DEBTOR is a corporation, its certificate and articles of incorporation =nd by laws do not <br /> prohibit any term or condition of this agreement. <br /> 4. That by its acceptance of the loan money pursuant to the terms of the Cm RAC and-.i�i;'i " <br /> representations herein, DEBTOR shall be estopped from asserting for .any r-a..on hat it is riot`._, <br /> authorized to grant a security interest in the COLLATERAL pursuant to the terms • t is a.reerilent. - <br /> 5. To pay all taxes and assessments of every nature which may be levied or &:s:sse• against the <br /> COLLATERAL. <br /> 6. To not permit or allow any adverse lien, security interest or encumbrance Ai soe er upon the <br /> COLLATERAL and not to permit the same to be attached or replevined. ' <br /> 7. That the DEBTOR will not use the COLLATERAL in violation of any applicable a' tes regulations, <br /> ordinances, articles of incorporation or by-laws. <br /> UNTIL DEFAULT DEBTOR may have possession of the COLLATERAL, Dri vi•ed hat DEBTOR <br /> keeps the COLLATERAL in an account separate from other revenues of DEBIOR and soe- not use the <br /> COLLATERAL for any purpose not permitted by the CONTRACT. Upon default, SECURED PAR shall have <br /> the immediate right to the possession of the COLLATERAL. <br /> Appendix 4 to Loan Contract C150044 <br />