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C153787 PIF
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C153787 PIF
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Last modified
4/3/2018 2:34:29 PM
Creation date
4/3/2018 2:34:06 PM
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Loan Projects
Contract/PO #
C153787
Contractor Name
Smith Irrigation Ditch
Contract Type
Loan
Loan Projects - Doc Type
Contract Documents
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regulations under which this contract is executed. The STATE'S exercise of any or all of the <br /> remedies described herein shall not relieve the BORROWER of any of its duties and obligations <br /> under this contract. <br /> 16. Progress Reports. The BORROWER shall, with the assistance of the CONSULTANT, prepare a <br /> periodic progress report which contains a statement of the PROJECT costs expended for that <br /> period and shall forward said statement to the STATE. <br /> 17. Periodic Inspections. Throughout the term of this contract, the BORROWER shall permit a <br /> designated representative of the STATE to make periodic inspections of the PROJECT. Such <br /> inspections are solely for the purpose of verifying compliance with the terms and conditions of this <br /> contract. Furthermore, such inspections shall cover the condition of the PROJECT, operating <br /> records, maintenance records, and financial records, and shall not be construed nor interpreted <br /> as an approval of the actual design and/or construction of any element of the PROJECT facilities. <br /> 18.Adhere To Applicable Laws. The BORROWER shall strictly adhere to all applicable federal, state, <br /> and local laws and regulations that are in effect or may hereafter be established throughout the <br /> term of this contract. <br /> 19. No Discrimination Of Services. The services of said PROJECT shall be made available within its <br /> capacity and in accordance with all pertinent statutes, rules and regulations, and operational <br /> guidelines to all persons in the BORROWER'S service area without discrimination as to race, color, <br /> religion, or national origin at reasonable charges (including assessments or fees), whether for one <br /> or more classes of service, in accordance with a schedule of such charges formally adopted by <br /> the BORROWER, as may be modified from time to time. <br /> B. The STATE agrees as follows: <br /> 1. Agreement To Loan Money. The STATE agrees to loan to the BORROWER an amount not to <br /> exceed $50,000 at an interest rate of 3.5% per annum for a term of twenty years. <br /> 2. Disbursements. After receipt of the periodic progress report from the BORROWER, and review <br /> and acceptance of the items therein as eligible expenses as described below, the STATE will pay <br /> to the BORROWER the amount set forth in the report or such portion that has been approved by the <br /> STATE. The STATE shall make such payment within twenty (30) days from the STATE'S approval of <br /> each progress report. <br /> 3. Release After Loan Is Repaid. Upon complete repayment to the STATE of the entire principal <br /> and any accrued interest as specified in the promissory note, the STATE agrees to execute <br /> releases of the security agreements, Deed of Trust, and the Assignment of Deposit Account as <br /> Security to convey to the BORROWER all of the STATE'S right, title, and interest in and to the <br /> security provided for this loan, to file a UCC-3 form with the Secretary of State to terminate all of <br /> the STATE'S rights in and to the security provided for this loan, and to release to the BORROWER <br /> any unused funds contained in the CD ACCOUNT. <br /> C. The STATE and the BORROWER mutually agree as follows: <br /> 1. Designated Agent Of The STATE. The CWCB, which includes its agents and employees, is <br /> hereby designated as the agent of the STATE for the purpose of this contract. <br /> 2. Contract Is Not Assignable. This contract is not assignable by the BORROWER except with the <br /> Smith Irrigation Ditch Page 8 of 13 Loan Contract <br />
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