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• <br /> and an opportunity to cure within thirty (30) days of receipt of such notice before the <br /> BORROWER shall be considered in default for purposes of this Assignment. <br /> 4. OWNER hereby appoints LENDER as its attorney-in-fact to endorse OWNER'S name on all <br /> instruments and other remittances payable to OWNER with respect to the Certificate of Deposit. <br /> This power of attorney is coupled with an interest and is irrevocable. <br /> 5. The modification or waiver of any of OWNER'S OBLIGATIONS or LENDER'S rights under this <br /> Assignment must be contained in a writing signed by LENDER. A waiver on one occasion shall <br /> not constitute a waiver on any other occasion. <br /> 6. The rights and remedies of the LENDER stated in this Assignment are in addition to any other <br /> rights the LENDER may have under the LOAN CONTRACT and PROMISSORY NOTE or any law. <br /> 7. This Assignment shall be binding upon OWNER and its successors, assigns, trustees, and <br /> receivers. <br /> 8. This Assignment shall be construed in accordance with the laws of the State of Colorado. <br /> 9. The OWNER and LENDER specifically request the BANK to honor and accept this Assignment <br /> and its terms. <br /> Western Mutual Ditch Company <br /> ( SEAL ) <br /> By Vie-x441,10 , <br /> Frank Eckhardt, Jr., Presi)ent <br /> Attest: <br /> f <br /> By <br /> Deidra Schaeffer, Corporate Secretary <br /> ACKNOWLEDGMENT BY BANK <br /> By its officer's signature below, the BANK acknowledges that it has received a copy of the <br /> foregoing Assignment, and agrees that, upon notice from the LENDER that the OWNER is in default <br /> under its LOAN CONTRACT and PROMISSORY NOTE with the LENT kt ER! is <br /> exercising its right under the Assignment to withdraw funds contained i i. s i. t a!_,i)-posit <br /> Account, the BANK shall pay such funds directly to the LENDER until advised otherwise by the <br /> LENDER and the OWNER. The BANK acknowledges that the Certificate of Deposit Account is a <br /> special deposit and that the funds deposited therein are to be used solely to secure OWNER'S loan <br /> from the LENDER, and waives any right of setoff it may have in and to the Account. <br /> Bank: Wel o my Bank <br /> By �. resident <br /> Printe Name & Title EDWAWRA, PRESIDENT <br /> N <br /> Date DECEMBER 4 2002 <br /> Attest: <br /> By���_ <br />