Laserfiche WebLink
10. Collateral during Loan Repayment. The BORROWER shall not sell, convey, assign, <br /> grant, transfer, mortgage, pledge, encumber, or otherwise dispose of the COLLATERAL <br /> so long as any of the principal, accrued interest, and late charges, if any, on this loan <br /> remain unpaid, without the prior written concurrence of the CWCB. In the event of any <br /> such sale, transfer or encumbrance without the CWCB's written concurrence, the <br /> CWCB may at any time thereafter declare all outstanding principal, interest, and late <br /> charges, if any, on this loan immediately due and payable. <br /> 11. Release After Loan Is Repaid. Upon complete repayment to the CWCB of the entire <br /> principal, all accrued interest, and late charges, if any, as specified in the PROMISSORY <br /> NOTE, the CWCB agrees to release and terminate any and all of the CWCB's right, <br /> title, and interest in and to the Collateral and the Pledged Revenues. <br /> 12. Warranties. <br /> a. The BORROWER warrants that, by acceptance of the loan under this CONTRACT <br /> and by its representations herein, the BORROWER shall be estopped from <br /> asserting for any reason that it is not authorized or obligated to repay the loan to <br /> the CWCB as required by this CONTRACT. <br /> b. The BORROWER warrants that it has not employed or retained any company or <br /> person, other than a bona fide employee working solely for the BORROWER, to <br /> solicit or secure this CONTRACT and has not paid or agreed to pay any person, <br /> company, corporation, individual, or firm, other than a bona fide employee, any <br /> fee, commission, percentage, gift, or other consideration contingent upon or <br /> resulting from the award or the making of this CONTRACT. <br /> c. The BORROWER warrants that the Pledged Revenues and Collateral for this loan <br /> are not encumbered by any other deeds of trust or liens of any party other than <br /> the CWCB or in any other manner, except for any existing lien(s) identified in <br /> Section 5 (Schedule of Existing Debt) of the PROJECT SUMMARY, which sets forth <br /> the position of the lien created by this CONTRACT in relation to any existing lien(s). <br /> Documentation establishing the relative priorities of said liens, if necessary, is <br /> attached to the PROJECT 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 /> Page 5 of 12 <br />