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<br />9. Promissory note provisions. The BORROWER understands thatthis contract is also a promissory note <br />for the repayment of funds loaned according to the terms set forth herein. <br /> <br />a. Principal amount. The principal amount of the loan shall be the total amOUnt of funds advanced <br />by the STATE to the BORROWER under the terms of this contract, not to exceed the MAXIMUM LOAN <br />AMOUNT of $301.500. <br /> <br />b. Interest rate. The interest on the principal shall accrue at the rate of five percent (5.0%) per <br />annum on all funds advanced to BORROWER. <br /> <br />c. Duration. The repayment period of this loan shall be fifteen (15) years. <br /> <br />d. Loan payment. Based upon the MAXIMUM LOAN AMOUNT being borrowed, payments would be <br />made in fifteen (15) annual installments of Twenty-Nine Thousand and Forty-Seven Dollars and <br />Twenty Cents($29.047.20), which amount includes principal and interest. The first installmellt <br />shall be due and payable one year after the STATE determines that the PROJECT has been <br />substantially completed. and yearly thereatteruntil the entire principal sum and any accrued interest <br />shall have been paid. In no event shall the first payment be made any later than June 1. 1998. <br />Installment payments are to be made payable to the CWCB at the address given below. <br /> <br />e. Interest during construction. The BORROWER shall repay to the STATE interest which will be <br />calculated monthly at a rate of five percent (5.0%) per annum on each loan advance disbursed to <br />the BORROWER during construction. Said accumulated interest shall be paid to the STATE as a single <br />lump sum within ten (10) days that the SlATE determines that the PROJECT has been substantially <br />completed. The actual interest which will accumulate during construction is unknown and cannot <br />be calculated until the conclusion of construction. <br /> <br />f. Prepayment conditions. The BORROWER may prepay all or any of the loan at any time, without <br />penalty. These payments will be applied first to any accrued interest and then to reduce the <br />principal amount. <br /> <br />10. Payment of emergency loan. Upon exec:ution of this contract, the BORROWER shall make written <br />request of loan funds in the amount necessary to payoff Emergency Loan #C153694which is dated March 13, <br />1995. Said requested amount shall include the principal amount of $1 00,500and the interest amount that'has <br />accrued since the principal was dispersed to the BORROWER. In response to BORROWER'S request, the STATE will <br />transfer the funds requested from the proceeds of tnis loan to the total loan amount (principal and interest) <br />owing. <br /> <br />11 . Collateral. Part of the security provided lor this loan, as evidenced by the executed deed of trust <br />attached hereto as APPENDIX C and incorporated herein, shall be an undivided one hundred percent (100%) <br />interest in the following, hereinafter referred to as SECURITY: Water wells known as A-l, A-2, and A-3, with <br />permit numbers 27993-F, 28858-F, 27995-F, respec:tively, together with all equipment, pumps and casing <br />associated with the wells, the land upon which they are located, and all of the water rights owned or leased by <br />the Castle North Metropolitan District and/or the Castle Pines North Metropolitan District Water Activity <br />Enterprise as decreed in Case No. 84CW061, Water Division 1, on July 21, 1987,as more particularly described <br />in attached deed of trust. <br /> <br />1 2. Remedies for default. Upon default in the payments herein set forth to be made by the BORROWER, <br />or default in the performance of any covenant or agreement contained herein, the STATE, at its option, may: <br /> <br />a. declare the entire principal amount and accrued interest then outstanding immediately due and <br />payable; <br /> <br />b. for the account of the BORROWER, incur 8f)d pay reasonable expenses for repair, maintenance, and <br />operation of the PROJECT herein described and such expenses as may be necessary to cure the cause <br />of default; <br /> <br />CASTLE PINES NORTH METRO DISTRICT <br /> <br />Page50fll <br /> <br />LOAN CONTRACT <br />