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PROJ00033
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Last modified
4/28/2010 3:36:11 PM
Creation date
10/5/2006 11:30:09 PM
Metadata
Fields
Template:
Loan Projects
Contract/PO #
C153756
Contractor Name
Lower Arkansas Water Management Association
Contract Type
Loan
Water District
67
County
Prowers
Bill Number
SB 96-124
Loan Projects - Doc Type
Contract Documents
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<br />) <br /> <br />SECURITY AGREEMENT <br /> <br />DEBTOR: Lower Arkansas Water Management Association <br />P.O. Box 1161 <br />Lamar, CO 81052 <br /> <br />FEDERAL TAX NUMBER: 84-0637532 <br />COUNTY: PROWERS (CODE: 17) <br /> <br />SECURED PARTY: STATE OF COLORADO for the use and benefit of the <br />Dept of Natural Resources, Colorado Water Conservation Board <br />1313 Sherman Street, Room 721 <br />Denver, CO 80203 <br /> <br />COLLATERAL: ALL WATER RIGHTS AND DITCH SHARES (Code 560) <br /> <br />DEBTOR, for consideration, hereby grants to SECURED PARTY a security interest in the following property <br />and any and all additions, accessions and substitutions thereto or therefor, hereinafter called the <br />COLLATERAL: 100 shares of capital stock of the Highland Irrigation Company which are evidenced by Stock <br />Certificate No. 328 which represents a total of 2,204.6 shares. <br /> <br />To secure payment of the indebtedness evidenced by the Promissory Note which is a part of Loan Contract <br />#C153756 ("CONTRACT"), between the above named parties herewith, payable to the SECURED PARTY, or <br />order, as follows: $65,000 with interest at the rate of ;3Y.% per annum payable in 10 annual installments in <br />accordance with the Promissory Note or until all principal and interest are paid in full. <br /> <br />DEBTOR EXPRESSLY WARRANTS AND COVENANTS: <br /> <br />1. That except for the security interest granted hereby, DEBTOR is, or to the extent that this agreement <br />states that the COLLATERAL is to be acquired after the date hereof, will be, the owner of the COLLATERAL <br />free from any adverse lien, security interest or encumbrances, other than those previously imposed by <br />the SECURED PARTY; and that DEBTOR will defend the COLLATERAL against all claims and demands of all <br />persons at anytime claiming the same or any interest therein by, through or under DEBTOR. <br /> <br />2. That the execution and delivery of this agreement by DEBTOR will not violate any law or agreement <br />goveming DEBTOR or to which DEBTOR is a party. <br /> <br />3. That, if DEBTOR is a corporation, its certificate or articles of incorporation and by-laws do not prohibit any <br />term or condition of this agreement. <br /> <br />4. That, by its acceptance of the' loan money pursuant to the terms of the CONTRACT and by its <br />representations herein, DEBTOR shall be estopped from asserting for any reason that it is not authorized <br />to grant a security interest in the COLLATERAL pursuant to the terms of this agreement. <br /> <br />5. To pay all taxes and assessments of every nature which may be levied or assessed against the <br />COLLATERAl... . <br /> <br />6. To not permit or allow any adverse lien, security interest or encumbrance whatsoever upon the <br />COLLATERAL other than by the SECURED PARTY, and not to permit the same to be attached or replevined <br />other than by the SECURED PARTY. <br /> <br />7. That the DEBTOR will not use the COLLATERAL in violation of any applicable statutes, reguliltions or <br />ordinances, articles of incorporation or by-laws. . . <br /> <br />Appendix F to Loan Contract #C153756 <br />
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