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SECURITY AGREEMENT <br /> DEBTOR: Town of Monument, Colorado, acting by and through the Town of <br /> Monument, Colorado, Water Enterprise <br /> P.O. Box 325 <br /> 166 2nd Street <br /> Monument, CO 80132 <br /> FEDERAL TAX NUMBER: 84-6007781 <br /> COUNTY: EL PASO(CODE: 04) <br /> SECURED PARTY: State of Colorado - Colorado Water Conservation Board <br /> 1313 Sherman Street, Room 721 <br /> Denver, CO 80203 <br /> COLLATERAL: Contract Rights (Code: 030) <br /> DEBTOR, for consideration, hereby grants to SECURED PARTY a security interest in the following <br /> property and any and all additions, accessions and substitutions thereto or therefor, <br /> hereinafter called the COLLATERAL: All revenues derived from water system revenues and all <br /> of DEBTOR'S right to receive said revenues to repay the indebtedness on the amount loaned to <br /> debtor by secured party, as described in Pledge of Revenues provisions in Contract No. <br /> C150062 dated March 1, 2002 (CONTRACT). <br /> To secure payment of the indebtedness evidenced by the Promissory Note between the above <br /> named parties herewith, payable to the SECURED PARTY, the loan amount of $2,081,000 at an <br /> interest rate of 5.5% per annum for a period of 30 years in accordance with said Promissory Note <br /> or until all principal and interest are paid in full. <br /> DEBTOR EXPRESSLY WARRANTS AND COVENANTS: <br /> 1. That except for the security interest granted hereby, DEBTOR is or to'the extentthat this <br /> agreement states that the COLLATERAL is to be acquired after the date hereof, will be, the <br /> owner of the COLLATERAL free from any adverse lien, security interest�or encum l=ances; and <br /> that DEBTOR will defend the COLLATERAL against all claim and. iert:a ds.,.9f all persons at <br /> anytime claiming the same or any interest therein. 4 ' ) I,°' V �') t <br /> 2. That the execution and delivery of this agreement by DEBTOR will not ea'. Clawor <br /> agreement governing DEBTOR or to which DEBTOR is a party. <br /> 3. That, if DEBTOR is a corporation, its certificate and articles of incorporation and by-laws do not <br /> prohibit any term or condition of this agreement. <br /> 4. That by its acceptance of the loan money pursuant to the terms of the CONTRACT and by its <br /> representations herein, DEBTOR shall be estopped from asserting for any reason that it is not <br /> authorized to grant a security interest in the COLLATERAL pursuant to the terms of this <br /> agreement. <br /> 5. To pay all taxes and assessments of every nature which may be levied or assessed against <br /> the COLLATERAL. <br /> 6. To not permit or allow any adverse lien, security interest or encumbrance whatsoever upon the <br /> COLLATERAL and not to permit the same to be attached or replevined. <br /> 7. That the DEBTOR will not use the COLLATERAL in violation of any applicable statutes, <br /> regulations, ordinances, articles of incorporation or by-laws. <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 does <br /> not use the COLLATERAL for any purpose not permitted by the CONTRACT. Upon default, SECURED <br /> Appendix 4 to Loan Contract C150062 <br />