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PROJ00327
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Last modified
12/17/2009 8:42:50 AM
Creation date
10/5/2006 11:49:50 PM
Metadata
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Loan Projects
Contract/PO #
C153465
Contractor Name
City of Cortez and Dolores Water Conservancy District
Contract Type
Loan
Water District
71
County
Dolores
Bill Number
HB 83-1102
Loan Projects - Doc Type
Contract Documents
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<br />advances and all other sums. indebtedness. obligations and <br />liabilities for which this instrument is security. and shall <br />also fully perform all the covenants, conditions and terms of <br />this Mortgage. then these presents shall be void, otherwise to <br />remain in full force and effect. <br /> <br />Mortgagor warrants that Mortgagor has good title to the <br />Premises. and is lawfully seized and possessed of the Premises <br />and every part thereof, and has the right and authority to <br />mortgage and give security upon all Premises; that the Premises <br />are unencumbered except as may be herein expressly provided; <br />and that Mortgagor will forever warrant and defend the title to <br />the Premises unto Mortgagee against the claims of all persons <br />whomsoever. <br /> <br />It is the intent hereof to secure repayment of the loan <br />amount plus interest as provided in the Agreement whether the <br />entire amount shall have been advanced to the Mortgagor at the <br />date hereof. or at a later date. and to secure any other amount <br />or amounts that may be added to the mortgage indebtedness under <br />the terms of this instrument (all of which are collectively <br />referred to herein as the "Secured Indebtedness"), the entire <br />Secured Indebtedness being equally secured with and having the <br />same priority as any amounts advanced at the date hereof. <br /> <br />It is agreed that any additional sum or sums advanced by <br />the then holder of the note secured hereby to or for the <br />benefit of Mortgagor. whether such advances are obligatory or <br />are made at the option of Mortgagee. or otherwise, at any time <br />within twenty (20) years from the date of this mortgage. with <br />interest thereon at the rate-agree.d-upon.-at the-time-of -each ,- <br />additional loan or advance. shall be equally secured with and <br />have the same priority as the original indebtedness and be <br />subject to all of the terms and provisions of this mortgage. <br />whether or not such additional loan or advance is evidenced by <br />a promissory note of the borrowers and whether or not <br />identified by a recital that it is secured by this mortgage; <br />provided that the aggregate amount of principal indebtedness <br />outstanding at anyone time shall not exceed the sum of Two <br />Million Three Hundred Fifty-One Thousand Nine Hundred Two <br />Dollars ($2.351,902), plus interest and disbursements made for <br />the payment of taxes, levies or insurance on the property <br />covered by this Mortgage with interest on such disbursements, <br />and provided further that it is understood and agreed that this <br />future advance provision shall not be construed to obligate the <br />Mortgagee to make any such additional loans or advances. It is <br />further agreed that any additional note or notes executed and <br />delivered under this future advance provision shall be included <br />in the word "note" wherever it appears in the context of this <br />mortgage. <br /> <br />-3- <br />
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