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8. This Note is issued pursuant to the LOAN CONTRACT between the CWCB and the <br /> BORROWER. The LOAN CONTRACT creates security interests in favor of the CWCB to <br /> secure the prompt payment of all amounts that may become due hereunder. Said <br /> security interests are evidenced by a Deed of Trust ("Security Instrument") of even <br /> date and amount and cover certain revenues, real property, water rights and/or <br /> accounts of the BORROWER. The LOAN CONTRACT and Security Instrument grant <br /> additional rights to the CWCB, including the right to accelerat the maturity of this <br /> Note in certain events. <br /> 9. If any annual payment is not paid when due or any default under the LOAN CONTRACT <br /> or the Security Instruments securing this Note occurs, the CW B may declare the <br /> entire outstanding principal balance of the Note, all accrue interest, and any <br /> outstanding late charges immediately due and payable, and th indebtedness shall <br /> bear interest at the rate of 7% per annum from the date of default. The CWCB shall <br /> give the BORROWER written notice of any alleged default and ar opportunity to cure <br /> within thirty (30) days of receipt of such notice before the BORROWER shall be <br /> considered in default for purposes of this Promissory Note. <br /> 10. The BORROWER and any co-signer or guarantor hereby agree that if this Note or <br /> interest thereon is not paid when due or if suit is brought, then it shall pay all <br /> reasonable costs of collection, including reasonable attorney fees In the event of any <br /> bankruptcy or similar proceedings, costs of collection shall include all costs and <br /> attorney fees incurred in connection with such proceedings, including the fees of <br /> counsel for attendance at meetings of creditors' committees or other committees. <br /> 11. This Note shall be governed in all respects by the laws of the Stat of Colorado. <br /> BORROWER: Beaver ark Water, Inc. <br /> ( SEAL ) <br /> By _ . .i <br /> Jack 'ler, Vi 'President <br /> Attest: / <br /> By /- ,W0:----.0'" <br /> ohn A. Miller, Secretary/Treasurer <br /> p t, j i <br /> oIL <br /> Appendix B to Loan Contract C1533?0 <br />