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rry <br /> DEBTOR SHALL BE IN DEFAULT under this agreement any`gfth <br /> following events or conditions: •-• 4. 'r <br /> a. default in the payment or performance of any obli :' f' ; apo ained her ' or in the <br /> Promissory Note or Loan Contract; <br /> b. dissolution, termination of existence, insolvency, business f1�e ap of tme tt of a <br /> � , <br /> receiver of any part of the property of, assignment for the benefitbfi citorby, or <br /> the commencement of any proceeding under any bankruptcy or insolvency raW-Cif, by <br /> or against DEBTOR; or <br /> c. the making or furnishing of any warranty, representation or statement to SECURED <br /> PARTY by or on behalf of DEBTOR which proves to have been false in any material <br /> respect when made or furnished. <br /> UPON SUCH DEFAULT and at any time thereafter, SECURED PARTY shall have the <br /> remedies of a secured party under Article 9 of the Colorado Uniform Commercial Code. <br /> SECURED PARTY may require DEBTOR to deliver or make the COLLATERAL available to SECURED <br /> PARTY at a place to be designated by SECURED PARTY, which is reasonably convenient to both <br /> parties. Expenses of retaking, holding, preparing for sale, selling or the like 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 <br /> default and an opportunity to cure within thirty (30) days of receipt of such notice before the <br /> DEBTOR shall be considered in default for purposes of this Security Agreement. No default <br /> shall be waived by SECURED PARTY except in writing, and no waiver by SECURED PARTY of any <br /> 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 <br /> SECURED PARTY may have or hereafter acquire for the payment of the above indebtedness, <br /> nor shall the taking of any such additional security waive or impair this security agreement; but <br /> SECURED PARTY shall retain its rights of set-off against DEBTOR. In the event court action is <br /> deemed necessary to enforce the terms and conditions set forth herein, said action shall only <br /> be brought in the District Court for the City and County of Denver, State of Colorado, and <br /> DEBTOR consents to venue and 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: The Dolores Water Conservancy District, <br /> acting by and through the Dolores Water <br /> >r' Conservancy District Water Activity Enterprise <br /> SEAL r <br /> r. <br /> i <br /> By ��,,�4>4 9 �, c �� <br /> cJQ, , <br /> Donald W. Schwindt, President <br /> Attest I:" <br /> By lir/ <br /> . Smart, Secretary <br /> Page 2 of 2 <br />