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DEBTOR SHALL BE IN DEFAULT under this agreement upon any of the <br /> following 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 /> against DEBTOR; or <br /> c. the making or furnishing of any warranty, represe r statement to SECURED <br /> PARTY by or on behalf of DEBTOR which proves t e in any material <br /> respect when made or furnished. <br /> UPON SUCH DEFAULT and at any time t , URED shall have the <br /> remedies of a secured party under Article 9 of t a• h ► . ommercial Code. <br /> SECURED PARTY may require DEBTOR to deliver or make th *„ i e to SECURED <br /> PARTY at a place to be designated by SECURED PARTY, which is re- enient to both <br /> parties. Expenses of retaking, holding, preparing for sale, selling or t - shall include <br /> SECURED PARTY'S reasonable attorney's fees and legal expenses. <br /> The SECURED PARTY shall give the DEBTOR written notice of any alleged default <br /> and an opportunity to cure within thirty (30) days of receipt of such notice before the DEBTOR <br /> shall be considered in default for purposes of this Security Agreement. No default shall be <br /> waived by SECURED PARTY except in writing, and no waiver by SECURED PARTY of any default <br /> shall operate as a waiver of any other default or of the same default on a future occasion. The <br /> taking of this security agreement shall not waive or impair any other security SECURED PARTY <br /> may have or hereafter acquire for the payment of the above indebtedness, nor shall the taking <br /> of any such additional security waive or impair this security agreement; but SECURED PARTY <br /> shall retain its rights of set-off against DEBTOR. In the event court action is deemed necessary to <br /> enforce the terms and conditions set forth herein, said action shall only be brought in the District <br /> Court for the City and County of Denver, State of Colorado, and DEBTOR consents to venue and <br /> personal jurisdiction in said Court. <br /> All rights of SECURED PARTY hereunder shall inure to the benefit of its successors and <br /> assigns; and all promises and duties of DEBTOR shall bind its successors or assigns. <br /> DEBTOR: Henrylyn Irrigation District, <br /> organized under the Irrigation District <br /> Law of 1905(C.R.S. 37-41-101 to— <br /> 160) <br /> SEAL <br /> By , K--.1). <br /> ' 4, <br /> Ken Boilers, President <br /> ATTE � <br /> By AFW,r,.,. "*P. , . 7, ,1L01411,0 <br /> Rodney :if mgartner,;%-cretary <br /> Appendix 4 to Loan Contract C150252 <br /> Page 2 of 2 <br />