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0 • , <br /> 7. The rights and remedies of the Secured Party stated in this Assignment are in addition to <br /> any other rights the Secured Party may have under the Loan Contract or any law. <br /> 8. This Assignment shall be binding upon Debtor and its successors, assigns, trustees, and <br /> receivers. <br /> 9. This Assignment shall be construed in accordance with the laws of the State of Colorado. <br /> 10. The Debtor and Secured Party specifically request the Bank to honor and accept this <br /> Assignment and its terms. <br /> Executed this day of October 2000. <br /> The Excelsior Irrigating Company, a Colorado <br /> mutual ditch company <br /> ( SEAL ) <br /> By <br /> C. R. Evans, President <br /> Attest: <br /> By <br /> Erin Evans, Secretary <br /> ACKNOWLEDGMENT BY BANK <br /> By its officer's signature below, the ("Bank") acknowledges <br /> 1. That it has received a copy of the foregoing Assignment; <br /> 2. That neither the Debtor nor anyone else (except Secured Party) has any right to withdraw any <br /> funds from the Account listed above until the Secured Party releases this agreement in writing, <br /> except that, at the Debtor's request, the Bank shall allow the transfer of the annual Loan payment <br /> to Secured Party; <br /> 3. That upon notice from the Secured Party that the Debtor is in default under its Loan Contract with <br /> Secured Party and that Secured Party is exercising its right under the Assignment to withdraw <br /> funds contain in the Account, the Bank shall pay such funds directly to Secured Party until <br /> advised otherwise by both Secured Party and Debtor; <br /> 4. That the Acco spvia,d osit and that the funds deposited therein are to be used solely <br /> for Debtor's re•-ry ' .to 0 ured Party of the Loan; and <br /> 5. That it waives any net' t may have in and to the Account. <br /> '- 1-rti yar, Bank <br /> ',4 1 `;'', 1 I tit 4 I --,-2_ -13 ' <br /> 4' <br /> w s '' �wse . , ,4,..._. i By , President <br /> Printed Name <br /> Date <br /> Attest: <br /> By <br />