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behalf of the BORROWER which proves to have been false in any material respect when made or <br /> furnished. <br /> Upon such default and at any time thereafter, SECURED PARTY shall have the remedies of a <br /> secured party under Section n-57-208, Colorado Revised Statues as amended. SECURED PARTY may require the <br /> BORROWER to deliver or make the PLEDGED REVENUEs available to SECURED PARTY at a place to be designated by <br /> SECURED PARTY,which is reasonably convenient.to both parties. Expenses of retaking, holding, preparing for <br /> sale,selling or the like shall include SECURED PARTY's reasonable attorneys fees and legal expenses. <br /> The SECURED PARTY shall give the BORROWER written notice of any alleged default and an opportunity <br /> to cure within thirty (3o) days of receipt of such notice before the BORROWER shall be considered in default <br /> for purposes of this SECURITY AGREEMENT. No default shall be waived by SECURED PARTY except in writing,and <br /> no waiver by SECURED PARTY of any default shall operate as a waiver of any other default or of the same default <br /> on a future 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,nor shall the taking of <br /> any such additional security waive or impair this SECURITY AGREEMENT;but SECURED PARTY shall retain its rights <br /> of set-off against the BORROWER. In the event court action is deemed necessary to enforce the terms and <br /> conditions set forth herein, said action shall only be brought in the District Court for the City and County of <br /> Denver,State of Colorado,and the BORROWER 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 assigns;and all <br /> promises and duties of the BORROWER shall bind its successors or assigns. <br /> BORROWER: St. Wain and Left Hand Water <br /> Conservancy District <br /> (SEAL} <br /> BY: <br /> fgnature <br /> Attest: 0 <br /> NAME: <br /> TITLE: <br /> DATE: 2�3 /;> <br /> B . <br /> gnature / <br /> NAME: LCCCQ�yLLZC�Q�' <br /> TITLE: <br /> DATE: / <br /> Appendix 5 <br /> Page 2 of 2 <br />