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C153726 Paid in Full Contract
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C153726 Paid in Full Contract
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Last modified
4/22/2016 10:25:26 AM
Creation date
4/22/2016 10:19:08 AM
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Loan Projects
Contract/PO #
C153726
Contractor Name
Tremont Mutual Ditch Company
Contract Type
Loan
Loan Projects - Doc Type
Contract Documents
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a <br /> 9. That the DEBTOR will not use the COLLATERAL in violation of any applicable statutes, regulations or ordinances. <br /> 10. The DEBTOR will keep the COLLATERAL at all times insured against risks of loss or damage by fire (including so-called <br /> extended coverage),theft and such other casualties as the SECURED PARTY may reasonably require, including collision in the case <br /> of any motor vehicle,all in such amounts,under such forms of policies, upon such terms, for such periods, and written by such <br /> companies or underwriters as the SECURED PARTY may approve, losses in all cases to be payable to the SECURED PARTY and the <br /> DEBTOR as their interest may appear. All policies of insurance shall provide for at least ten days'prior written notice of cancellation <br /> to the SECURED PARTY; and the DEBTOR shall furnish the SECURED PARTY with certificates of such insurance or other evidence <br /> satisfactory to the SECURED PARTY as to compliance with the provisions of this paragraph. The SECURED PARTY may act as attorney <br /> for the DEBTOR in making,adjusting and settling claims under or canceling such insurance and endorsing the DEBTOR'S name on any <br /> drafts drawn by insurers of the COLLATERAL. <br /> UNTIL DEFAULT DEBTOR may have possession of the COLLATERAL and use it in any lawful manner,and upon default SECURED <br /> PARTY shall have the immediate right to the possession of the COLLATERAL. <br /> DEBTOR SHALL BE IN DEFAULT under this agreement upon the happeningof anyof t e followingevents e is or conditions: <br /> (a) default in the payment or performance of any obligation, covenant or liability cont fined or referred to herein or in any <br /> note evidencing the same; 1 <br /> (b) the making or furnishing of any warranty,representation or statement to SECURED PA TY by or on behalf of DEBTOR which <br /> proves to have been false in any material respect when made or furnished; <br /> (c) loss,theft,damage,destruction,sale or encumbrance to or of any of the COLLATERAL,or the making of any levy seizure <br /> or attachment thereof or thereon; 1 <br /> (d) death,dissolution,termination or existence,insolvency,business failure, appointor t of a receiver of any part of the <br /> property of,assignment for the benefit of creditors by,or the commencement of an proceeding under any bankruptcy <br /> or insolvency law of, by or against DEBTOR or any guarantor or surety for DEBTOR. <br /> UPON SUCH DEFAULT and at any time thereafter, or if it deems itself insecure, SECURED PARTY may declare all Obligations <br /> secured hereby immediately due and payable and shall have the remedies of a secured pa under Article 9 of the Colorado <br /> Uniform Commercial Code. SECURED PARTY may require DEBTOR to assemble the collateral a d deliver or make it available to <br /> SECURED PARTY at a place to be designated by SECURED PARTY which is reasonably convenient to •oth parties. Expenses of retaking, <br /> holding, preparing for sale,selling or the like shall include SECURED PARTY'S reasonable attome 's fees and legal expenses. <br /> No waiver by SECURED PART of any default shall operate as a waiver of any other default or of the same default on a future <br /> occasion. The taking of this security agreement shall not waive or impair any other security,aid SECURED PARTY may have or <br /> hereafter acquire for the payment of the above indebtedness, nor shall the taking of any such :dditional security waive or impair <br /> this security agreement; but said SECURED PARTY shall retain its rights of set-off against DEBT.•. <br /> All rights of SECURED PARTY hereunder shall inure to the benefit of its successors and as-igns;and all promises and duties <br /> of DEBTOR shall bind its heirs, executors or administrators or its successors or assigns. If ther> be more than one DEBTOR, their <br /> liabilities hereunder shall be joint and seve al. <br /> Dated this/fig day of , 1996. <br /> DEBTOR: THE TREMONT MUTUAL DITCH SECURED PARTY: 'TATE OF COLORADO <br /> COMPANY for the use and be efit of the Department <br /> of Natural Resou ces, Colorado Water <br /> -70 Conservation Boar. <br /> By: l< <br /> 0,e;t/ <br /> Etson Lake, President ola, <br /> .......____. .. ,_ A4B <br /> - ' .. ATTEST Daries C. Lile, Director <br /> <_ ; : <br />
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