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<br />11. Repay to the State the total sum of Five Hundred <br />Fifty-Nine Thousand Four Hundred Eighty-Eight Dollars <br />($559.488). which includes the pcoject loan amount. feasibility <br />ceport amount. together with interest at the rate of five <br />percent (5\) per annum. said repayment to be made in constant <br />annual installments of Thirteen Thousand Nine Hundred <br />Eighty-Seven Dollars and Twenty Cents ($13.987.20) each. as <br />shown in Exhibit C. attached hereto and incorporated by <br />reference herein. ~hich ficst installment shall be due and <br />payable on the first day of the month next succeeding the month <br />in which the State determines that the project has been <br />substantially cOlnpleted. and yearly thereafter until the entire <br />principal sum shall have been paid. However. in the event the <br />Borrower does not Graw funds commencing on the date specified <br />in paragraph C.l.a. below. the Obligation to repay shall be <br />postponed for the eame number of months as the Borrower delays <br />in drawing funds. Said installment payments shall be made <br />payable to the ColQrado Water Conservation Board. payable at <br />the offices of said Board in Denver, Colorado. The Borrower <br />pledges its full faith and credit in support of this obligation <br />and warrants that it has taken all steps necesoary to pledge <br />its full faith and credit for this Obligation. <br /> <br />12. Obtain and maintain general fire and hazard insurance <br />on the project in an amount not less than the outstanding <br />amount of the loan made by the State to the Borrower until the <br />Borrower has repaid the loan in the fllll under the terms of <br />paragraph A.II. above. The State shall be the sole insured of <br />this pOlicy. The outstanding loan amount payable to the State <br />shall be reduced in the amount of any payments made to the <br />State under this insurance coverage. If only a portion of the <br />outstanding loan amount is paid to the State under this pOlicy. <br />the number of inst~llment payments shall remain unchanged; <br />however. the amount of each payment shall be reduced. <br /> <br />13. Comply with the construction Fund Program Procedures <br />attached hereto as Exhibit D and incorporated by reference <br />herein. <br /> <br />14. Comply with the provisions of section 37-60-120, <br />Colorado Revised Statutes. and any other applicable statutes, <br />procedures. requirements. rules. or regUlations which the State <br />has. <br /> <br />15. Not sell. convey. assign. grant, transfer. mortgage, <br />pledge, encumber. or otherwise dispose of the project or any <br />portion thereof. So long as any of the annual installments <br />required by paragraph A.Il. above remain unpaid. without the <br />prior written conCUrrence of the State. <br /> <br />B. Upon default in the payments herein set forth to be made by <br />the Borrower. or default in the performance of any covenant or <br />agreement contained herein. the State. at its option, may (a) <br />declare the entire principal amount then outstanding <br />immediately due and payable; (b) for the account of the <br />Borrower, incur and pay reasonable expenses for repair. <br />maintenance. and operation of the project herein described and <br />such expenses as may be necessary to cure the cause of default; <br />(c) take possession of the project. repair. maintain. and <br />operate or lease it; (d) act upon the security (described in <br />paragraph A.S. above) deeded to the State; and/or (e) take any <br />other appropriate legal action. All remedies described herein <br />may be simUltaneously or selectively and successively <br />enforced. The provisions of this contract may be enforced by <br />the State at its option without regard to prior waivers by it <br />of previous defaults by the Borrower. through jUdicial <br />proceedings to require specific performance of this contract or <br />by such other proceedings in law or equity as may be deemed <br />necessary by the State to insure compliance with provisions of <br />this contract and the laws and regUlations under which this <br />contract is entered into. <br /> <br />Page ~ of ~ pages <br />