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PROJ00303
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Entry Properties
Last modified
11/19/2009 11:02:53 AM
Creation date
10/5/2006 11:48:33 PM
Metadata
Fields
Template:
Loan Projects
Contract/PO #
C153571
Contractor Name
Morrison Consolidated Ditch Company
Contract Type
Loan
Water District
9
County
Jefferson
Bill Number
SB 87-15
Loan Projects - Doc Type
Contract Documents
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<br />5. <br /> <br />-~ .,"\ <br />~ <br />Promptly 10 noiify Secured Party of any change in the location of tl'(' Collateral. <br /> <br />~-) <br /> <br />6. To pay all taxes and assessments of every nature which may be levied or assessed against the Collateral. <br /> <br />7, ". Not to permit or allow -any adverse lien. security interest or encumbrance whatsoever upon the Collateral and not to <br />. ~nnit the sa.ine to be anached or replevined. <br /> <br />,g.That the Collateral is in 200d condition. and that he will. at his own expense. keep the same in 200d condition and <br />~ -.. ... <br />!rom time to time. fonhwith. replace and repair all such pans of the Collaternl as may be broken. worn out. or damaged withou! <br />allowing any lien to be created upon the Collaleral on account of such replacement or repairs. and that the Secured Party may <br />examine and inspect the Collateral at any time. wherever located. <br /> <br />9. That he will not use the Collateral in violation of any applicable statutes. regulations or ordinances. <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), thefl and such other casualties as the Secured Party may reasonably require, including collision <br />in the case of any motor vehicle. allm such amounts. under such forms 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 />n_, -:'-ecured' Fa-rr'y'ana the 1YeOIOr as llieiflnterest mii}' appeaf."A1Ipollc.es ofmsul".rnce snallprovltlnonrleasnen-days'prior <br />written notice of cancellation 10 the Secured ParlY; and the Debtor shall furnish the Secured P-drlY with certificales of such <br />insurance or other evidence satisfactory to the Secured Party as to compliance with the provisions of this paragraph. The <br />Secured Party may aCLas attorney for the Debtor in making. adjusting. and settling claims unrier or cancelling -such <br />insurance and endorsing the Debtors name on any drafts drawn by insurers of the Collateral. . <br /> <br />~NTIL DEFAULT Debtor may have possession of the Collateral and use it in any lawful manner, and upon default <br />Secured PaIiy, shall have the immediate right to the possession of the CollaIeral. <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 Ih\bilil)' contained or~f=d to herein or in :my <br />note evidencing the same; . <br /> <br />(b) the making or furnishing of any warranty, representation or statement to Secured Party by or on behalf of Debtor <br />which proves 10 have been false in any material respect when made or furnished; <br /> <br />(c) loss, theft. damage. desttUction, sale or encumbrance to orof any of the Collateral, orthe making of any levy seizure <br />or anacluri~nt thereof or thereon; <br /> <br />(d) 'aeath, dissolution, termination or existence, insolvency. business failure, appointment of a receiver of any pM of the <br />property of.' assignment for the benefit of creditors by, or the commencement of any proceeding under any bankruptcy or <br />insolvency laws of, by or against Debtor or any guarantor or surety for Debtor. <br /> <br />UPO~ SUCH DEFAULT and at any time thereafter. or if it deems itself insecure. Secured Party may declare all <br />Obligations seCured hereby immediately due and payable and shall have the remedies of a secured party under Aniele 9 of the <br />Colorado Uniform Commeteial Code. Secured Party may require Debtor to assemble the Collateral and deliver or make it <br />available 10 Secured Party al a place to be designated 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 anorney's fees and legal <br />expenses. <br /> <br />No waiver 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 indebledness, .nor shall the taking of any such additional security ",aiv~ 01' impair <br />this security agreement; but said Secured Party may reson 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 Debtor. <br /> <br />All rights of Secured Party hereunder shall inure to the benefit ofits successors and assigns; and all promises and duties of <br />Debtor shall bind his heirs, executors or administrators or his or its successors or assigns. If there be more than one Debtor. their <br />liabilities hereunder shall b<;:joint and several. ' <br /> <br />, Date this J / clay oftMu1.-~ ,19 9 () . <br /> <br />, : . : '. T>1~Je,P:UStJ4; (!t"vSol../f)jf:T6tJ />; (1-01>'>1'-9,.};/ COLORADO WATER <br /> <br />1--)};:I;~a~ h~-~' secure:n;~IOZJ~:-'(" <br />.' cdi,J 1? Jt4 Ic1ttJJ/YvVk<ZI ..lIO/' <br /> <br />-If W1 Sealrny A~nl is llllelldcclIO!\eN:. ~ a frnancin!l Slll~me::l !<<III'C'd parl)I ~ well lI.'Ilhe delllOl' mun ~ll!". <br />
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