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<br />/ ( ) " ) <br />I \, i <br /> <br />and agrees to provide the STATE a perfected security interest such that the STATE has priority over all <br />other competing claims for such revenues.. <br /> <br />b. Establish security interest in the revenues. The BORROWER agrees that horder to provide a security <br />interest for the STATE irrevocably pledging such revenues, it will provide a Uniform Commercial Code <br />Security Agreement and Financing Statement, such document completed and properly executed,. <br />incorporated herein as Appendix C. No monies shall be advanced prior to BORROWER providing this <br />form, <br /> <br />c, Fees and charges for repayment of the loan. The BORROWER shall, pursuant to its statutory authority <br />and as authorized by its resolution, take all necessary actions consistent therewith to fix fees and <br />charges sufficient to pay this contract loan in a timely manner and .as required by the terms and <br />conditions herein, In the event the fees and charges fixed by the BORROWER become insufficient to <br />assure rep.ayment to the STATE as required by the terms and conditions herein, then the BORROWER, <br />upon written notice thereof from the.STATE, shall immediately take all necessary action consistent with <br />the statutes, including but not be limited to fixing additional fees and charges to raise sufficient revenue <br />to assure repayment of the loan to the STATE. <br /> <br />d. Fees and charges for operations, maintenance, reserves, and debt reseriles. The BORROWER shall, <br />pursuant to its statutory authority, fix fees and charges from time'to time as necessary to provide <br />sufficient funds for adequate operation and maintenance, emergency repair services, obsolescence <br />reserves, ~and debt reserves. <br /> <br />13. Progress reports. The BORROWER shall, with the assistance of the CONSULTANT, prepare a progress <br />report which contains a statement of the actual PROJECT construction costs expended for that month and shall <br />forward said statement to the STATE. <br /> <br />14, Periodic inspections. The BORROWER shall permit a designated representative of the STATE to make <br />periodic inspections of the PROJECT construction, operations and accounts., Any such inspections by the STATE <br />.are solely for the purpose of verifying compliance with the terms and conditions of the contract and shall not <br />be construed nor interpreted as an approval of the actual design and/or construction of any element of the <br />PROJECT. <br /> <br />15, Adhere to applicable laws. The BORROWER shall strictly adhere to all applicable federal, state, and local <br />laws and regulations that have been or may hereafter be established. <br /> <br />16. No discrimination of services. The services of said PROJECT will be made available within its capacity <br />and in accordance with all pertinent statutes, rules and regulations, and operational guidelines to all persons in <br />the BORROWER'S service area without discrimination as to race, color, religion, or national origin at reasonable <br />charges (including assessments or fees), whether for one or more classes of service, in accordance with a <br />schedule of such charges formally adopted by the BORROWER, as may be modified from time to time. <br /> <br />B, The STATE agrees as follows: <br /> <br />1. Agreement to loan money. The STATE agrees to loan to the BORROWER an amount not to exceed that <br />specified in the promissory note provisions of this contract. <br /> <br />2. Disbursements. After receipt of the monthly progress report from the BORROWER, and review and <br />acceptance of the items therein as eligible expenses as described below, the STATE will pay to the BORROWER <br />the amount of the report or such portion that has been approved by the STATE. Such payment shall be made <br />within thirty (30) days from the approval of each monthly progress report. <br /> <br />CASTLE PINES NORTH METRO DISTRICT <br /> <br />Page6of11 <br /> <br />LOAN CONTRACT <br />