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prompt payment of all amounts that may become due hereunder. Said security interests are <br /> evidenced by a SECURITY AGREEMENT of even date and amount herewith and cover certain <br /> PLEDGED POWER REVENUES of the BORROWER,as defined in APPENDIX 4 and APPENDIX 5 attached to <br /> the LOAN CONTRACT.The LOAN CONTRACT and SECURITY AGREEMENT grant additional rights to the <br /> CWCB,including the right to accelerate the maturity of this PROMISSORY NOTE in certain events. <br /> a.Notwithstanding any other provision of the LOAN CONTRACT,any and all of the ENTERPRISE'S <br /> obligations under the LOAN CONTRACT,whether financial or otherwise, shall be payable solely <br /> from the revenues, income,rents and receipts earned by the ENTERPRISE from or attributable to <br /> ownership and operation of the PROJECT(the"Pledged Power Revenues")and are not payable <br /> from any other source whatsoever. Nothing herein shall be deemed to prevent the ENTERPRISE <br /> from making any payments from any other legally available source. <br /> b. In no event shall the ENTERPRISE be required to spend money from taxes in violation of <br /> Section 20(4) of Article X of the Colorado Constitution in the performance of its obligations under <br /> the Loan Contract or which would cause the BORROWER to lose its enterprise status as such status <br /> is defined in the Colorado Constitution. <br /> c. In addition,the ENTERPRISE shall not be required to expend any funds or impair any assets <br /> of the Southeastern Colorado Water Conservancy District in the performance of the obligations <br /> under the LOAN CONTRACT.The obligations of the ENTERPRISE under the LOAN CONTRACT do not <br /> constitute a debt or indebtedness of the Southeastern Colorado Water Conservancy District <br /> within the meaning of any constitutional,charter or statutory provision or limitation,and shall <br /> not be considered or held to be a general obligation of the Southeastern Colorado Water <br /> Conservancy District. <br /> 7. If any annual payment is not paid when due or any default under the LOAN CONTRACT or the <br /> SECURITY AGREEMENT securing this Note occurs, the CWCB may declare the entire outstanding <br /> principal balance of the Note, all accrued interest, and any outstanding late charges immediately <br /> due and payable, and the indebtedness shall bear interest at the rate of 7% per annum from the <br /> date of default.The CWCB shall give the BORROWER written notice of any alleged default and an <br /> opportunity to cure within thirty (30) days of receipt of such notice before the BORROWER shall <br /> be considered in default for purposes of this PROMISSORY NOTE. <br /> 8. The BORROWER hereby agrees that if this Note or interest thereon is not paid when due or if suit is <br /> brought, then it shall pay all reasonable costs of collection, including reasonable attorney fees. In <br /> the event of any bankruptcy or similar proceedings, costs of collection shall include all costs and <br /> attorney fees incurred in connection with such proceedings, including the fees of counsel for <br /> attendance at meetings of creditors'committees or other committees. <br /> g. This PROMISSORY NOTE is issued pursuant to and under the authority of Section u-57-210,C.R.S., <br /> and pursuant to such statute, the foregoing recital shall be conclusive evidence of the validity and <br /> the regularity of the issuance of this Promissory Note after its delivery for value, and this <br /> Promissory Note shall be incontestable for any cause whatsoever after its delivery for value. <br /> Appendix 3 <br /> Page 2 of 3 <br />