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I . omissory Note <br /> Date: December 1, 1999 <br /> 1. For Value Received, The Loloff Lateral Ditch Company ("BORROWER" ro y the State of <br /> Colorado Water Conservation Board ("STATE"), the principal sum g '•hty On e Hundred <br /> Dollars ($81,500.00) with annual payments of $4,749.67 based on ' r t to of 5 o num on the <br /> outstanding principal balance for a term of 40 years, or until pai'•' ' p o Loan Contract No. <br /> C153656, as amended ("LOAN CONTRACT"). <br /> 2. The first payment shall be due on June 1, 1995, and annually thereafter until the ent r'' ip m and any <br /> accrued interest shall have been paid in full. <br /> 3. All payments received shall be applied first to accrued interest and then to the retirement of the principal. <br /> Payments shall be made payable to the Colorado Water Conservation Board and mailed to 1313 Sherman <br /> Street, Room 721, Denver, Colorado 80203. <br /> 4. This Note may be prepaid in whole or in part at any time without premium or penalty, with prepayments applied <br /> first to any accrued interest and then to reduce the principal amount. Any partial prepayment shall not <br /> postpone the due date of any subsequent payments or change the amount of such payments. <br /> 5. This Note is issued pursuant to the LOAN CONTRACT between the STATE and the BORROWER. The LOAN <br /> CONTRACT creates security interests in favor of the STATE to secure the prompt payment of all amounts that <br /> may become due hereunder. The security interests, evidenced by a security agreement and by a deed of trust, <br /> cover certain revenues and real property of the BORROWER. The LOAN CONTRACT, security agreement and <br /> deed of trust grant additional rights to the STATE, including the right to accelerate the maturity of this Note in <br /> certain events. <br /> 6. If any payment of principal or interest is not paid promptly when due or any default under the LOAN CONTRACT <br /> or the security agreements and/or assignments securing this Note occurs, the STATE may declare the entire <br /> outstanding principal balance of the Note, and all accrued interest, immediately due and payable, without notice <br /> or demand, and the indebtedness shall bear interest at the rate of 7% per annum from the date of default. <br /> 7. The BORROWER, any guarantor, and any successor of the BORROWER who may hereafter become primarily or <br /> secondarily liable for the payment of this Note or any portion thereof hereby agree that if this Note or interest <br /> thereon is not paid when due or suit is brought, then it shall pay all reasonable costs of collection, including <br /> reasonable attorney fees. In the event of any bankruptcy or similar proceedings, costs of collection shall <br /> include all costs and attorney fees incurred in connection with such proceedings, including the fees of counsel <br /> for attendance at meetings of creditors'committees or other committees. <br /> 8. This Note shall be governed in all respects by the laws of the State of Colorado. <br /> BORROWER: The Loloff Lateral Ditch Company <br /> ( SEAL ) <br /> By 6.i.,.2e; ed`r-.0. .k✓ <br /> Kevin Chesnut, President <br /> Attest: <br /> ByJ I-. L. J <br /> JY(lie Chesnut, Corporate Secretary <br /> Exhibit 1 to Loan Contract C153656 Amendment No. 2 <br />