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<br />,. <br /> <br />5. Promptly to . Secured Party of any change in the location O.COllareral. <br /> <br />6. To pay all taxes and assessments of every nature which may be levied or assessed against the Collareral. <br /> <br />7. Not to permit or all('NJ any adverse lien. security interest or encumbrance whatsoever upon the Collateral and not to <br />permit the same to be anached or replevined. <br /> <br />8. That the Collareral is in good condition. and that he wilL at his own expense. keep the same in good condition and <br />from time to time. forthwith. replace and repair all such pans of the Collateral as may be broken. worn out. or damaged without <br />allowing any lien to be creared upon the Collareral on account of such replacement or repatrs, and that the Secured Pany may <br />examine and inspect the Collareral at any time, wherever locared. <br /> <br />9. That he will not use the Collateral in violation of any applicable Slatutes. regulations or ordinances. <br /> <br />.~,." <br />.. <br />, <br /> <br />10. The Debtor will keep the Collateral at all times insured against risks of loss or damage by fire (including so- <br />.called extended coverage), theft and such other casualties as the Secured Party may reasonably require, including collision <br />in the case of any motor vehicle:- allln such amounts. under suchJorms of policies. upon such terms, for such periods. and <br />written by such companies or underwriters as the Secured Party may approve. losses in all cases to be payable to the <br />Secured Party and the Debtor as their interest may appear. All policies of insurance shall provide for at least ten days' prior <br />written notice of canceilation to the Secured Party; and the Debtor shail furnish the Secured Party with certificaIes of such <br />insurance or other evidence satisfactory to the Secured Party as to compliance wilh the provisions of this paragraph. The <br />Secured Party may act as attorney for the Debtor in making, adjusIing and settling claims under or cancelling such <br />insurance and endorsing the Debtor's name on any drafts drawn by insurers of the Collateral. <br /> <br />UNTIL DEFAULT Debtor may have possession of the Collateral and use it in any lawful manner, and upon default <br />Secured PaJiy. shall have the immediare right to the possession of the Collarerol. <br />.- , <br />DEBTOR SHAll. BE IN DEFAULT under this agreement upon the happening of any of the following events or <br />conditions: ,( <br /> <br />, (a) default in the payment or performance of any obligation, covenant or liability contained or refened to herein or in any <br />note evidencing the same; <br /> <br />(b) the making or furnishing of any warranty, representation or Slarement to Secured Party by or on behalf of Debtor <br />which proves to have been false in any marerial respect when made Or furnished; <br /> <br />(c) loss. theft, damage, desauction, sale or encumbrance to or of any of the Collareral, or the making of any levy seizure <br />or anachm~nt thereof or thereon; <br /> <br />(d) :aeath, dissolution, rermination or exisrence. insolvency. business failure, appointment of a receiver of any pan of the <br />property of.' assignment for the benefit of creditors by, or the commencemem of any proceeding under any bankruptcy or <br />insolvency laws of, by or against Debtor or any guarantor or surety for Debtor. <br /> <br />upof< SUCH DEFAULT and at any time thereafter. or if it deems itself insecure. Secured Party may declare all <br />Obligations seCum! hereby immediateiy due and payable and shall have the remedies of a secured pany under Anicle 9 of the <br />Colorado Uniform Commercial Code. Secured Party may require Debtor to assemble the Collareral and deliver or make it <br />available to Secured Party at a place to be designared by Secured Party which is reasonably convenient to both panies. Expenses of <br />retaking, holding, preparing for sale. selling or the like shall include Secured Party's reasonable anomey's fees and legal <br />expenses. <br /> <br />No wai ver by Secured Party of any default shall operate as a waiver of any other default or of the same default on a future <br />occasion. The taking of this security agreement shall not waive or impair any other security said Secured Party may have or <br />hereafter. acquire for the payment of the above indebtedness. nor shall the taking of any such additional security waive or impair <br />this security agreement; but said Secured Party may resort to any'security it may have in the order it may deem proper, and <br />notwithstanding any collateral security, Secured Party shall retain its rights of set-off against DebIor. <br /> <br />Ail rights of Secured Party hereunder shall inure to the benefit of its successors and assigns; and all promises and duties of <br />Debtor shall bind his heirs, executors or admimstrators or his or its successors or assigns. If there be more than one Debtor. their <br />liabilities hereunder shall be)oint and several. <br /> <br />. Dare this .jJ dav Of~1AA.IVU/ ,19 90 . <br />'.. . . .7)?C,ePZlStJA (!$;t-'Sc<-/[)h760';>; eOKl-I'~J:; ~ COLORADO WATER <br /> <br />lpll~lI/Jatt~ h~.~ secure~~I?J~~~ <br /> <br />aJt~,J <Raft); h~!J/I1/vz,<t" hOA" <br /> <br />EXHIBIT E <br /> <br />Page 2 <br /> <br />.Ifll\l~ Secumy A~t 1~'1lIeflCled IO~!hi hl'lUlCJn~ SUlle~' ~p;ut)t lI!\_1l ~the deblOI'mu!ol ~I,n <br />