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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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reasonable attorney fees. In the event of any bankruptcy or similar proceedings, costs of <br /> collection shall include all costs and attorney fees incurred in connection with such <br /> proceedings, including the fees of counsel for attendance at meetings of creditors' <br /> committees or other committees. <br /> 6. Warranties. <br /> a. The BORROWER warrants that, by acceptance ' he loan m I ney pursuant to the terms <br /> of this contract and 'by the BORROWER'S repres ` s e i the BORROWER shall be <br /> estopped fro 'a4ierting for any reason that it ' •. - h i • obligated to repay the <br /> loan money to the STATE as required by ' contract. <br /> b. The BORR6WE'i warrants that it has full a u o • : -r into this contract. <br /> The executiQnNarid delivery of this contract and p: o r , c- nd observation of its <br /> terms, conditions and obligations have been duly authorize. . • - -cessary actions of <br /> the BORROWER. <br /> c. The BORROWER warrants that it has not employed or retain;d any company or person, <br /> other than a bona fide employee working solely for the BORRO ER,to solicit or secure this <br /> contract and has not paid or agreed to pay any person, compa y, corporation, individual, <br /> or firm, other than a bona fide employee, any fee, commissio , percentage, gift, or other <br /> consideration contingent upon or resulting from the award or t e making of this contract. <br /> d. The BoRRowER-warrantsthat the security identified in th- Pledge of Revenues and <br /> Collateral Provisions of this contract is not encumbered by a y liens of any party other <br /> than the STATE or in any other manner. <br /> 7. Pledge of revenues. The BORROWER agrees that the specific evenues to be pledged to <br /> repay the STATE shall include, but not be limited to,assessments levied for that purpose as authorized <br /> by resolutions of the BORROWER,revenues derived from handling fees paid o the BORROWER under the <br /> 1987 Agreement, and any other funds legally available to BORRO ER to repay the STATE. <br /> Furthermore, BORROWER agrees that <br /> a. Revenues for this loan are to be kept separate. The BORR•WER hereby pledges such <br /> revenues to repay the STATE loan, agrees that these revenues -hall be set aside and kept <br /> in an account separate from other BORROWER revenues, and w.rrants that these revenues <br /> shall not be used for any other purpose. <br /> b. Establish security interest in the revenues. The BORROW:R agrees that, in order to <br /> provide a security interest to the STATE in the pledged reven es so that the STATE shall <br /> have priority over all other competing claims for said revenues, it shall provide completed <br /> and properly executed Uniform Commercial Code Security ,greement and Financing <br /> Statements, hereinafter referred to as UCC DOCUMENTS, atta hed as APPENDIX B and <br /> incorporated herein. <br /> c. Assessments for repayment of the loan. The BORROWER shal , pursuant to its statutory <br /> authority, articles of incorporation and by-laws, and as aut orized by its resolutions, <br /> annually seek from its shareholders sufficient assessments, a d take all other necessary <br /> actions consistent therewith to levy assessments sufficient to pay this contract loan in a <br /> timely manner and as required by the terms and conditions of this contract. Should the <br /> shareholders fail to set any such assessments, the BORRO ER shall make adequate <br /> assessments for the purpose of repaying its obligations under .his contract pursuant to § <br /> Tremont Mutual Ditch Company Page 4 of 10 Loan Contract <br />
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