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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 />SECURITY AGREEMENT <br />DEBTOR: <br /> <br />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: Contract Rights (Code: 030) <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: All revenues derived from membership assessments to repay the indebtedness on the <br />amount loaned to DEBTOR by SECURED PARTY, and all rights of DEBTOR to receive assessment revenues <br />from its members, as described in pledge of property provisions in Loan Contract #C153756. <br /> <br />To secure payment of the indebtedness evidenced by certain Promissory Note between the above <br />named parties herewith, in the amount of $65,000.00 at 31'.% effective interest rate for a term of 10 <br />years, payable by DEBTOR to the SECURED PARTY until all principal and interest are paid in full in <br />accordance with said Promissory Note. <br /> <br />DEBTOR EXPRESSLY WARRANTS AND COVENANTS: <br /> <br />1. That except for the security interest grant 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 <br />COLLATERAL free from any adverse lien, security interest or encumbrances other than those <br />previously imposed by the SECURED PARTY. <br /> <br />2. That the execution and delivery of this agreement by DEBTOR will not violate any law or agreement <br />governing DEBTOR or to which DEBTOR is a party. <br /> <br />3. That, if DEBTOR is a corporation, its certificate and articles of incorporation and by-laws do not <br />prohibit any 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 <br />authorized 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 />-, <br />6. To not permit or allow any adverse lien, security interest or encumbrance whatsoevertrpon the, <br />COLLATERAL other than by the SECURED PARTY and not to permit the same to be ?ttached or <br />replevined other than by the SECURED PARTY. ." <br /> <br />7. That the DEBTOR will not use the COLLATERAL in violation of any applicable statutes, 'TElgulations, . <br />ordinances, articles of incorporation or by-laws. ". <br />:-7-" " <br />UNLESS IT DEFAULTS DEBTOR may have possession of the COLLATERAL, provided that DEErtoR' <br />keeps all revenues derived from membership assessments in the amount of the annual loan payments <br />due under the contract, as amended, in an account separate from other revenues of DEBTOR and does <br /> <br />Appendix H to Loan Contract #C153756 <br />
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