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SECURITY AGREEMENT <br /> DATE: NOVEMBER 12, 2015 <br /> BORROWER: PARKVILLE WATER DISTRICT, A COLORADO SPECIAL DISTRICT <br /> SECURED PARTY: COLORADO WATER CONSERVATION BOARD <br /> PROMISSORY NOTE: $181,800.00 <br /> TERMS OF REPAYMENT: 1.95% PER ANNUM FOR 10 YEARS <br /> CONTRACT NUMBER: CT2016-2004 <br /> COLLATERAL: The Pledged Revenues, as such term is defined in the PLEDGE OF <br /> REVENUES provisions of the LOAN CONTRACT and BORROWER'S <br /> Loan Resolution adopted by the BORROWER on NOVEMBER 12, <br /> 2015. <br /> To secure payment of the loan evidenced by the PROMISSORY NOTE payable in accordance with <br /> the TERMS OF REPAYMENT, or until all principal, interest, and late charges, if any, are paid in full, <br /> the BORROWER grants to SECURED PARTY a security interest in the above described Pledged <br /> Revenues hereinafter"COLLATERAL". <br /> BORROWER EXPRESSLY WARRANTS AND COVENANTS: <br /> 1. That except for the security interest granted hereby and any other security interests described <br /> in Section 5 of the LOAN CONTRACT PROJECT SUMMARY, BORROWER is the owner of the <br /> COLLATERAL free from any adverse lien, security interest or encumbrances; and that <br /> BORROWER will defend the COLLATERAL against all claims and demands of all persons at any <br /> time claiming the same or any interest therein. <br /> 2. That the execution and delivery of this agreement by BORROWER will not violate any law or <br /> agreement governing BORROWER or to which BORROWER is a party. <br /> 3. To not permit or allow any adverse lien, security interest or encumbrance whatsoever upon <br /> the COLLATERAL 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, BORROWER shall be estopped from asserting for any reason that it is <br /> not authorized to grant a security interest in the COLLATERAL pursuant to the terms of this <br /> agreement. <br /> UNTIL DEFAULT BORROWER may have possession of the COLLATERAL, provided that BORROWER <br /> keeps the COLLATERAL in an account separate from other revenues of BORROWER and does not <br /> use the COLLATERAL for any purpose not permitted by the CONTRACT. Upon default, SECURED <br /> PARTY shall have the immediate right to the possession of the COLLATERAL. <br /> BORROWER SHALL BE IN DEFAULT under this agreement upon any of the following <br /> 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 a <br /> receiver of any part of the property of, assignment for the benefit of creditors by, or the <br /> commencement of any proceeding under any bankruptcy or insolvency law of, by or <br /> Appendix 4 <br /> Page 1 of 2 <br />