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PROJ00071
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Last modified
5/8/2015 2:46:25 PM
Creation date
10/5/2006 11:33:57 PM
Metadata
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Template:
Loan Projects
Contract/PO #
C153768
Contractor Name
Lower Arkansas Water Management Association
Contract Type
Loan
Water District
67
County
Bent
Prowers
Bill Number
SB 96-124
Loan Projects - Doc Type
Contract Documents
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<br />esECURITY 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 /> <br />SE~R6D PARTY: STATE OF COLORADO for the use and benefit of the <br />I A !l Q_ /" Dept of Natural Resources, Colorado Water Conservation Board <br />:r~L 0J1; ,1~'tj3 Sherman Street. Room 721 <br />~~o::A%~ver, CO 80203 <br /> <br />~ ~~~L: A~L WATER RIGHTS AND DITCH SHARES (Code 560) <br /> <br />~ ~r 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: 196 shares of capital stock of the Highland Irrigation Company, evidenced by Certificate No. <br />291: <br /> <br />> <br />o secure payment of the indebtedness evidenced by the Promissory Note which is a part of Loan Contract <br />#C153768 ("CONTRACT"), between the above named parties herewith, payable to the SECURED PARTY. or <br />f< ~er, as . $2,300,000 payable in 40 annual installments in accordance with the Promissory Note or <br />~ un. principal and interest are paid in full. <br /> <br />~BTOR 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; and that DEBTOR will defend the <br />COLLATERAL against all claims and demands of all persons at anytime claiming the same or any interest <br />therein by, through or under DEBTOR. <br /> <br />2. That the execution and delivery of this agreemefiK. 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 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 purslJant 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. . c . <br /> <br /> <br />6. To not permit or allow any adverse lien, security interest or encumbrance what\:;oever upon)he <br />COLLATERAL and not to permit the same to be attached or replevined. L <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 />Appendix 7 toLoan Contract #C153768 <br />
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