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convenient to both parties. Expenses of retaking,holding,preparing for sale,selling or the like shall include Secured <br /> Party's reasonable attorney's fees and legal expenses. <br /> The Secured Party shall give the Borrower written notice of any alleged default and an opportunity to cure <br /> within sixty (60) business days of receipt of such notice before the Borrower shall be considered in default for <br /> purposes of this Security Agreement. No default shall be waived by Secured Party except in writing,and no waiver <br /> by Secured Party of any default shall operate as a waiver of any other default or of the same default on a future <br /> occasion. The taking of this Security Agreement shall not waive or impair any other security Secured Party may <br /> have or hereafter acquire for the payment of the above indebtedness, nor shall the taking of any such additional <br /> security waive or impair this Security Agreement; but Secured Party shall retain its rights of set-off against the <br /> Borrower. In the event court action is deemed necessary to enforce the terms and conditions set forth herein, said <br /> action shall only be brought in the District Court for the City and County of Denver, State of Colorado, and the <br /> 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 promises <br /> and duties of the Borrower shall bind its successors or assigns. <br /> Borrower:Lupton Bottom Ditch Company <br /> (S E A;L) <br /> By: 1:014V4^- <br /> Signature <br /> Attest: <br /> Name: JO is rkl hL�' <br /> Title: V(Le‘tat 1.1-( <br /> Date: —S` 181. <br /> By: LittAk_ <br /> Signature <br /> Name: qi3 k(ReI.L <br /> Title: $ (i 1`ab <br /> Date:)N."✓ '/ CP <br /> Page 2 of 2 <br /> Contract Number:CT2018-2829 <br />