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SECURITY AGREEMENT <br /> (PLEDGE OF REVENUES) <br /> DATE: JULY 10, 2004 <br /> DEBTOR: Ground Water Management Subdistrict of the Central <br /> Colorado Water Conservancy District <br /> SECURED PARTY: COLORADO WATER CONSERVATION BOARD <br /> PROMISSORY NOTE: $4,513,200.00, DATED JULY 10, 2004 <br /> TERMS OF REPAYMENT: 2.50% PER ANNUM FOR 30 YEARS <br /> LOAN CONTRACT: C150160, DATED JULY 10, 2004 <br /> COLLATERAL: All revenues pledged to repay the loan as described in <br /> Pledge of Revenues provisions of the LOAN CONTRACT and <br /> in the Resolution adopted by the DEBTOR on June 15, 2004 <br /> To secure payment of the loan evidenced by the PROMISSORY NOTE payable in <br /> accordance with the TERMS OF REPAYMENT, or until all principal, interest, and late <br /> charges, if any, are paid in full, the DEBTOR grants to SECURED PARTY a security interest in <br /> 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 5 of the Loan Contract Project Summary, DEBTOR is the owner of <br /> the COLLATERAL free from any adverse lien, security interest or encumbrances; and <br /> that DEBTOR will defend the COLLATERAL against all claims and demands of all persons <br /> at any time claiming the same or any interest therein. " , <br /> 2. That the execution and delivery of this agreement by DE: ;•R n I any law or <br /> agreement governing DEBTOR or to which DEBTOR is a party.' <br /> 3. To not permit or allow any adverse lien, security s or-0n9umbrance whatsoever <br /> upon the COLLATERAL and not to permit the samet, ac `Er, r:aI. in_; <br /> 4. That byits acceptance of the loan moneypursuant to the tris '* a N ,„%> T and <br /> by its representations herein, DEBTOR shall be estopped from asserting for any reason <br /> that it is not authorized to grant a security interest in the COLLATERAL pursuant to the <br /> terms of this agreement. <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 <br /> and does not use the COLLATERAL for any purpose not permitted by the CONTRACT. Upon <br /> default, SECURED PARTY shall have the immediate right to the possession of the <br /> COLLATERAL. <br /> DEBTOR SHALL BE IN DEFAULT under this agreement upon any of the <br /> following events or conditions: <br /> a. default in the payment or performance of any obligation contained herein or in the <br /> Promissory Note or Loan Contract; <br /> Appendix 4 to Loan Contract C150160 <br />