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<br />11. Repay to the State the total principal sum of One <br />Million One Hundred Sixty-Five Thousand Six Hundred Dollars <br />($1,165,600). which includes the project loan amount and the <br />feasibility report amount, together with interest at the rate <br />of five percent (5\) per annum, said repayment to be made in <br />constant annual installments of Twenty-Nine Thousand One <br />Hundred Forty Dollars ($29.140) each. for forty (40) years. as <br />shown in Exhibit C, attached hereto and incorporated by <br />reference herein. which first installment shall be due and <br />payable on the first day of the mOllth next succeeding the mQ~th <br />in whiCh the State determines that the project has been <br />substantially completed. and yearly thereafter until the entire <br />principal sum shall have been paid. However. in the event the <br />Contractor does not draw funds commencing on the date specified <br />in paragraph C.I.a. below. the obligation to repay shall be <br />postponed for the same number of months as the Contractor <br />delays in drawing funds. Said installment payments shall be <br />made payable to the Colorado Water Conservation Board. payable <br />at the offices of said Board in Denver. Colorado. The <br />Contractor pledges its full faith and credit in support of this <br />Obligation and warrants that it has taken all steps necessary <br />to pledge 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 Contractor until <br />the C~ntractor has repaid the loan in the full under the terms <br />of paragraph A.ll. above. The State shall be the sole insured <br />of this pOlicy. The outstanding loan amount payable to the <br />State shall be reduced in the amount of any payments made to <br />the State under this insurance coverage. If only a portion of <br />the outstanding loan amount is paid to the state under this <br />pOlicy. the number of installment payments shall remain <br />unchanged; however. the amount of each payment shall be reduced. <br /> <br />13. <br />attached <br />herein. <br /> <br />Comply with the Construction Fund Program Procedures <br />hereto as Exhibit D and incorporated by reference <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 <br />by the Contractor. or default in the performance of any <br />covenant or agreement contained herein. the State. at its <br />option. may (a) declare the entire principal amount then <br />outstanding immediately due and payable; (b) for the account of <br />the Contractor. 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 t~e project. repair. maintain. and <br />operate or lease i~: (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 Contractor. 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 ~ith provisions of <br /> <br />Page ~ of ~ Pages <br />