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BORROWER SHALL BE IN DEFAULT under this agreement upon)any of the following <br /> events or conditions: <br /> a. default in the payment or performance of any obligation contained herei or in the Promissory <br /> Note or Contract;or <br /> b. dissolution, termination of existence, insolvency, business failure, appoin ent of a receiver of <br /> any part of the property of, assignment for the benefit of creditors by, or e commencement of <br /> any proceeding under any bankruptcy or insolvency law of,by or against the Borrower;or <br /> c. the making or furnishing of any warranty, representation or statement to Secured Party by or on <br /> behalf of the Borrower which proves to have been false in any material respect when made or <br /> furnished. <br /> Upon such default and at any time thereafter, Secured Party shall have the remedies of a secured party <br /> under Section 11-57-208, Colorado Revised Statutes. Secured Party may require the Borrower to deliver <br /> or make the Pledged Revenues available to Secured Party at a place to be designated by Secured Party, <br /> which is reasonably convenient to both parties. Expenses of retaking,holding,preparing for sale, selling <br /> or the like shall include Secured Party's reasonable attorney's fees and legal expenses. <br /> The Secured Party shall give the Borrower written notice of any alleged default and an opportunity <br /> to cure within sixty(60)Business Days of receipt of such notice before the Borrow r shall be considered <br /> in default for purposes of this Security Agreement. No default shall be waived b Secured Party except <br /> in writing, and no waiver by Secured Party of any default shall operate as a waiver f any other default or <br /> of the same default on a future occasion. The taking of this Security Agreement shall not waive or impair <br /> any other security Secured Party may have or hereafter acquire for the payment of the above indebtedness, <br /> nor shall the taking of any such additional security waive or impair this Security A eement;but Secured <br /> Party shall retain its rights of set-off against the Borrower. In the event court actio is deemed necessary <br /> to enforce the terms and conditions set forth herein, said action shall only be broug tin the District Court <br /> for the City and County of Denver, State of Colorado, and the Borrower consents o venue and personal <br /> jurisdiction in said Court. <br /> All rights of Secured Party hereunder shall inure-to the benefit of its successo s and assigns; and all <br /> promises and duties of the Borrower shall bind its successors or assigns. <br /> Central Colorado Water Conservancy District, <br /> Grou �water Management Subdistrict <br /> By: 1„_, Z , ' C <br /> Signature <br /> • <br /> Attest: <br /> By: Name: g{*ubt..C_C. es/et-ha:n.1 <br /> Signature <br /> Title: --Pgx_s,- _ J1 <br /> Name: tvo'( 'Y' <br /> ,---, Date: 41 1G I.1 <br /> Title: 7C6CLel UF to c e 71Z-_- <br /> Date: 1{ 116 119 <br /> Contract Number:CT2019-3687 <br /> Appendix 5 <br /> Page 2 of 2 <br />