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• i <br /> SECURITY AGREEMENT <br /> (PLEDGE OF REVENUES) <br /> DATE: DECEMBER 1, 2004 <br /> DEBTOR: Little Thompson Water District acting by and through the Little <br /> Thompson Water District Water Activity Enterprise <br /> SECURED PARTY: COLORADO WATER CONSERVATION BOARD <br /> 1313 SHERMAN STREET, ROOM 721 <br /> DENVER, CO 80203 <br /> PROMISSORY NOTE: $3,937,500, DATED DECEMBER 1, 2004 <br /> TERMS OF REPAYMENT: 4.05% PER ANNUM FOR 20 YEARS <br /> LOAN CONTRACT: C 15012 1, DATED DECEMBER 1, 2004 <br /> COLLATERAL: All revenues pledged to repay the loan as described in Pledge <br /> of Revenues provisions of the LOAN CONTRACT, and as <br /> described in the Resolution of the Board of Directors of the <br /> Little Thompson Water District acting by and through the Little <br /> Thompson Water District Water Activity Enterprise dated <br /> October 7, 2004 (attached as LOAN CONTRACT Appendix 3). <br /> To secure payment of the loan evidenced by the PROMISSORY NOTE payable in accordance <br /> with the TERMS OF REPAYMENT, or until all principal, interest, and late charges, if any, are <br /> paid in full, the DEBTOR grants to SECURED PARTY a security interest in,.toe . bOVe.01Crlbed <br /> COLLATERAL. <br /> DEBTOR EXPRESSLY WARRANTS AND COVENANTS: <br /> 1. That except for the security interest granted hereby and, an other securit i r <br /> described in Section 5 of the Loan Contract Project Sum BTY., <br /> e o ner f r <br /> If <br /> the COLLATERAL free from any adverse lien, security interes, r e V um ' <br /> DEBTOR will defend the COLLATERAL against all claims and demands of all persons at <br /> any time claiming the same or any interest therein. <br /> 2. That the execution and delivery of this agreement by DEBTOR will not violate any law or <br /> agreement governing DEBTOR or to which DEBTOR is a party. <br /> 3. To not permit or allow any adverse lien, security interest or encumbrance whatsoever <br /> upon the COLLATERAL and not to permit the same to be attached or replevined. <br /> 4. That by its acceptance of the loan money pursuant to the terms of the CONTRACT and by <br /> its representations herein, DEBTOR shall be estopped from asserting for any reason that <br /> it is not authorized to grant a security interest in the COLLATERAL pursuant to the terms of <br /> this agreement. <br /> UNTIL DEFAULT DEBTOR may have possession of the COLLATERAL, provided that <br /> DEBTOR keeps the COLLATERAL in an account separate from other revenues of DEBTOR and <br /> does not use the COLLATERAL for any purpose not permitted by the CONTRACT. Upon <br /> default, SECURED PARTY shall have the immediate right to the possession of the <br /> Appendix 4 to Loan Contract C150121 <br />