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• • <br /> SECURITY AGREEMENT <br /> (PLEDGE OF REVENUES) <br /> DATE: NOVEMBER 10, 2002 <br /> DEBTOR: EAST DILLON WATER DISTRICT <br /> SECURED PARTY: COLORADO WATER CONSERVATION BOARD <br /> 1313 SHERMAN STREET, ROOM 721 <br /> DENVER, CO 80203 <br /> PROMISSORY NOTE: $2,550,000, DATED NOVEMBER 10, 2002 <br /> TERMS: REPAYMENT PERIOD OF 30 YEARS, INTEREST AT THE RATE OF 4.25% <br /> PER ANNUM <br /> LOAN CONTRACT: C150100, DATED NOVEMBER 10, 2002 <br /> COLLATERAL: General revenues received from taxes received each year as <br /> authorized by the BORROWER'S May 7, 2002 election and its <br /> resolution(s) attached as Appendix 3 to the LOAN CONTRACT, <br /> and any other funds legally available to the BORROWER, in an <br /> amount sufficient to pay the annual payment due under the <br /> LOAN CONTRACT, as described in Pledge of Revenue provisions <br /> of the LOAN CONTRACT. <br /> To secure payment of the loan evidenced by the PROMISSORY NOTE payable in accordance <br /> with the TERMS, or until all principal, interest, and late charges, if any, are paid in full, the <br /> DEBTOR grants to SECURED PARTY a security interest in the above described COLLATERAL. <br /> DEBTOR EXPRESSLY WARRANTS AND COVENANTS: <br /> 1. That except for the security interest granted hereby and any other security interests <br /> described in Section 6 of the Loan Contract Project Summary, DEBTOR is the owner of the <br /> COLLATERAL free from any adverse lien, security interest or encumbrances; and that <br /> DEBTOR will defend the COLLATERAL against all claims and demands of all persons at any <br /> time claiming the same or any interest therein. <br /> 2. That the execution and delivery of this agreement by DEBTOR will not violate any law or <br /> agreement governing DEBTOR or to which DEBTOR is a party. YF; <br /> 3. That the DEBTOR'S articles of incorporation and by-I:, ':. n Ibit any term or <br /> condition of this agreement. ii,, <br /> 4. That by its acceptance of the loan money pursuant to t C'= terms of. NT nd by <br /> its representations herein, DEBTOR shall be estopped fro ,vs or, on that it <br /> is not authorized to grant a security interest in the C+ L •` L e terms of this <br /> agreement. 4 <br /> 5. To pay all taxes and assessments of every natur--`' rich may be levied or assessed <br /> .against the COLLATERAL. <br /> 6. To not permit or allow any adverse lien, security interest or encumbrance whatsoever upon <br /> the COLLATERAL and not to permit the same to be attached or replevined. <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 <br /> Appendix 4 to Loan Contract C150100 <br />