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C150041 PIF
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C150041 PIF
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Last modified
7/31/2018 1:03:28 PM
Creation date
7/31/2018 1:03:11 PM
Metadata
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Loan Projects
Contract/PO #
C150041
Contractor Name
Woodchuck Ditch Comapny
Contract Type
Loan
Loan Projects - Doc Type
Repayment Information
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shares for which the use has been changed to the CWCB's municipal or commercial rate in <br /> effect at the time of the change of use of the water rights. The parties shall execute a contract <br /> amendment to effect said change in interest rate. <br /> 14. Collateral During Repayment. The BORROWER shall not sell, convey, assign, grant, transfer, <br /> mortgage, pledge, encumber, or otherwise dispose of the property provided as security for this <br /> loan, so long as any of the principal, all accrued interest, and late charges, if any, on this loan <br /> remain unpaid, without the prior written concurrence of the STATE. In the event of any such <br /> sale, transfer or encumbrance without the STATE'S written concurrence, the STATE may at any <br /> time thereafter declare all outstanding principal and interest on this loan immediately due and <br /> payable. <br /> 15. Remedies For Default. Upon default in the payments herein set forth to be made by the <br /> BORROWER, or default in the performance of any covenant or agreement contained herein, the <br /> STATE, at its option, may: <br /> a. declare the entire principal amount and accrued interest then outstanding immediately due <br /> and payable; <br /> b. incur and pay reasonable expenses for repair, maintenance, and operation of the PROJECT <br /> facilities herein described and such expenses as may be necessary to cure the cause of <br /> default, and add the amount of such expenditures to the principal of the loan amount; <br /> c. take possession of the PROJECT facilities, repair, maintain, and operate or lease them; <br /> d. exercise its rights under the Promissory Note, Security Agreement, Assignment Of Deposit <br /> Account As Security, Assignment Of Certificate Of Deposit, and Deed Of Trust, <br /> e. apply the funds contained in the CD ACCOUNT to the repayment of the loan; <br /> f. take any other appropriate action. <br /> All remedies described herein may be simultaneously or selectively and successively enforced. <br /> The provisions of this contract may be enforced by the STATE at . ,.t. n ithout regard to prior <br /> waivers of previous defaults by the BORROWER, through judicia ' ;` • in' quire specific <br /> performance of this contract, or by such other proceedings in o1.~ i a be deemed <br /> necessary by the STATE to ensure compliance with pro• '.� of this contra the laws and <br /> regulations under which this contract is executed. Th .4., _. 's i of any or all of the <br /> remedies described herein shall not relieve the BoRR*''• •: any i d ie an .bligations <br /> under this contract. 4 <br /> 16. Progress Reports. The BORROWER shall, with the assistance of the CONSULTANT, prepare a <br /> pe ;;dic progress report which contains a statement of the PROJECT costs expended for that <br /> period and submit 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 as <br /> 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 /> Woodchuck Ditch Company Page 7 of 13 Loan Contract <br />
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