C153857 PIF

• Contract/PO #: C153857
• Contractor Name: Western Mutual Ditch Company
• Contract Type: Loan
• Loan Projects - Doc Type: Contract Documents

6. The modification or waiver of any of Debtor's obligations or Secured Party's rights under this
Assignment must be contained in a writing signed by Secured Party. A waiver on one
occasion shall not constitute a waiver on any other occasion.
7. The rights and remedies of the Secured Party stated in this Assignment are in addition to any
other rights the Secured Party may have under the Loan Contract or any law.
8. This Assignment shall be binding upon Debtor and its successors, assigns, trustees, and
receivers.
9. This Assignment shall be construed in accordance with the laws of the State of Colorado.
10. The Debtor and Secured Party specifically request the Bank to honor and accept this
Assignment and its terms.
Executed this 17 day of September 1998.
The Western Mutual Ditch Company, a
Colorado nonprofit corporation
By k�� !' I aza,
Frank Eckhardt, Jr., Presiden
SEAL
Attest:
By UrYtt.fit, o&i h(i fti1]
Corporate Secretary
ACKNOWLEDGMENT BY BANK
By its officer's signature below, the The Eaton Bank - West ("Bank") acknowledges that it
has received a copy of the foregoing Assignment and agrees that neither the Debtor nor anyone else (except
Secured Party) has any right to withdraw any funds from the above-described Account listed above until
the Secured Party releases this agreement in writing, except that, at the Debtor's request, the Bank shall allow
the transfer of the annual Loan payment to Secured Party. The Bank acknowledges that the Account is a
special deposit and that the funds deposited therein are to be used solely for Debtor's repayment to the
Secured Party of the Loan, and waives any right of setoff it may have in and to the Account.
Bank:
4
: .02b.1! �_ President
Printed Name & Title Christopher W. Jeavons
Date
9/24/98 Senior Vice President
Attest:
By A lth.e. 4)1C.cd�vweYt
IN