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PROMISSORY NOTE <br /> Date: August 1, 2002 <br /> Borrower: John Peroulis and Sons, a Colorado general partnership <br /> Principal Amount: $ 250,000.00 <br /> Interest Rate: effective rate of 3.0% per annum based on 3.5% per annum on <br /> $100,000 and 2.75% per annum of $150,000 and CWCB practice to <br /> round a blended interest rate down to the n" " " )th <br /> ` " <br /> P .of 4percent— <br /> Term of Re a ment: 30 years � ASE Y <br /> Loan Contract No. : C150083, dated August 1, 2002 "3 <br /> Loan Payment: $12,754.81 <br /> UNUn r2l Llirt6 <br /> Date of Completion: No✓eve e.. / z Do z M0FF TCOU t YPI1�LICTRUST�E <br /> Maturity Date: AA)A..•6..,. J Z o 3 Z <br /> i <br /> 1. FOR VALUE RECEIVED, the BORROWER promises to pay the Colorado Water Conservation Board <br /> ("CWCB"), the Principal Amount plus Interest for the Term of Repayment, pursuant to the LOAN <br /> CONTRACT. <br /> 2. Principal and interest shall be payable in equal Loan Payments, with the first payment due and <br /> payable one year from the Date of Completion, which is the date the CWCB determines that the <br /> project is substantially complete, and annually thereafter until all principal, interest, and late <br /> charges, if any, have been paid in full, with all such principal, interest, and late charges, <br /> required to be paid on or before the Maturity Date. <br /> 3. Payments shall be made to the Colorado Water Conservation Board at 1313 Sherman Street, <br /> Room 721, Denver, Colorado 80203. <br /> 4. The CWCB may impose a late charge in trt nt f o f the annual payment if the CWCB <br /> does not receive the annual payment withi - n r of the due date. <br /> -5. This Note may be prepaid in whole or in part afiany e without premium or penalty. Any <br /> partial prepayment shall not postp• - -e • e pf any subs uent payments or change the <br /> amount of such payments. <br /> 6. All payments received shall be ap• -• it to c ext to accrued interest and <br /> then to reduce the principal amount. <br /> 7. This Note is issued pursuant to the LOAN CONTRACT between the CWCB and the BORROWER. <br /> The LOAN CONTRACT creates security interests in favor of the CWCB to secure the prompt <br /> payment of all amounts that may become due hereunder. Said security interests are evidenced <br /> by a Security Agreement(s), Deed(s) of Trust, and/or Assignment(s) of even date and amount <br /> and cover certain revenues, real property, water rights and/or accounts of the BORROWER. The <br /> LOAN CONTRACT, Security Agreement, Deed of Trust, and/or Assignment grant additional rights <br /> to the CWCB, including the right to accelerate the maturity of this Note in certain events. <br /> 8. If any annual payment is not paid when due or any default under the LOAN CONTRACT or the <br /> Security Agreement, Deed of Trust, or Assignment securing this Note occurs, the CWCB may <br /> declare the entire outstanding principal balance of the Note, all accrued interest, and any <br /> outstanding late charges immediately due and payable, and the indebtedness shall bear <br /> interest at the rate of 7% per annum from the date of default. The CWCB shall give the <br /> BORROWER written notice of any alleged default and an opportunity to cure within thirty (30) <br /> Appendix 2 to Loan Contract C150083 <br />