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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: <br /> <br />..-"" <br /> <br />STATE OF COLORADO for the use and benefit of the <br />Dept of Natural Resources, Colorado Water Conservation Board <br />1313 Shennan Street, Room 721 <br />Denver, CO 80203 <br /> <br />COLLATERAL: <br /> <br />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: <br /> <br />To secure payment of the indebtedness evidenced by the Promissory Note which is a part of Loan Contract <br />#C153768 ("CONTRACT"), as amended, between the above named parties herewith, payable to the <br />SECURED PARTY, or order, as follows: $2,300,000 payable in 40 annual installments in accordance with the <br />Promissory Note or until all principal and interest are pilid 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. <br /> <br />2. That the execution and delivery of this agreemel1t 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 tenns 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 natlJre 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 and not to permit the same to be attached or replevined. <br /> <br />7. That the DEBTOR will not use the COLLATERAL in violation of any applicable statutes, regulations or <br />ordinances, articles of incorporation or by-laws. <br /> <br />DEBTOR SHALL BE IN DEFAULT under this agreement upon the happening of any of the following <br />events or conditions: <br /> <br />a. default in the payment or performance of any obligation, covenant or liability contained or referred <br />to herein or in the CONTRACT; <br /> <br />Appendix 7 to Loan Contract #C153768 <br />