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BORROWER; <br /> b. the resolutions or ordinances of the BORROWER authorizing the execution and <br /> delivery of the contract were duly adopted by the governing bodies of the <br /> BORROWER; <br /> c. there are no provisions in the Colorado Constitution or any other state or local law <br /> that prevent this contract from binding the BORROWER; and <br /> d. the contract will be valid and binding against the BORROWER if entered into by the <br /> CWCB. <br /> 8. Pledge of revenues. The BORROWER irrevocably pledges to the CWCB, for purposes <br /> of repayment of this loan, revenues levied for that purpose as authorized in Appendix 3 <br /> and any other funds legally available to the BORROWER, in an amount sufficient to pay <br /> the annual payment due under this contract ("Pledged Revenues"). Further, the <br /> BORROWER agrees to: <br /> a. Segregation of Pledged Revenues. The BORROWER shall set aside and keep the <br /> Pledged Revenues in an account separate from other BORROWER revenues, and <br /> warrants that these revenues will not be used for any other purpose. <br /> b. Establish Security Interest. The BoRR MdV xecuted a Security <br /> Agreement, attached hereto as Appendix 4herein, to provide a <br /> security interest to the CWCB in the Pledg CWCB shall have <br /> priority over all other competing claims for said reve L�J. <br /> for the liens of <br /> the BORROWER's existing loans as liste on exipting Debt), of <br /> the Project Summary, which sets fort t os reated by this <br /> contract in relation to an existing lien(s). H <br /> Y 9 <br /> c. Rate Covenant. Pursuant to its statutory authority and as permitted by law, the <br /> BORROWER shall take all necessary actions consistent therewith during the term of <br /> this contract to establish, levy and collect rates, charges and fees as described in <br /> Appendix 3, in amounts sufficient to pay this loan as required by the terms of this <br /> contract and the Promissory Note, to cover all expenditures for operation and <br /> maintenance and emergency repair services, and to maintain adequate debt <br /> service reserves, including obtaining voter approval, if necessary, of increases in <br /> the BORROWER's rate schedule or taxes, if applicable. <br /> d. Debt Service Reserve Account. To establish and maintain the debt service <br /> reserve account, the BORROWER shall deposit an amount equal to one-tenth of an <br /> annual payment into its debt service reserve fund on the due date of its first annual <br /> loan payment and annually thereafter for the first ten years of repayment of this <br /> loan. In the event that the BORROWER applies funds from this account to <br /> repayment of the loan, the BORROWER shall replenish the account within ninety <br /> (90) days of withdrawal of the funds. <br /> e. Additional Debts or Bonds. The BORROWER shall not issue any indebtedness <br /> payable from the pledged revenues and having a lien thereon which is superior to <br /> the lien of this loan. The BORROWER may issue parity debt only with the prior <br /> written approval of the CWCB, provided that: <br /> i. The BORROWER is currently and at the time of the issuance of the parity debt <br /> Page 3 of IT <br /> r.J <br />