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C153607L Contract
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C153607L Contract
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Last modified
3/7/2013 10:55:52 AM
Creation date
10/5/2006 11:51:12 PM
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Loan Projects
Contract/PO #
C153607L
Contractor Name
Trinchera Irrigation Company
Contract Type
Loan
Water District
35
County
Costilla
Bill Number
SB 92-87
Loan Projects - Doc Type
Contract Documents
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<br />AMENDED SECURITY AGREEMENT <br /> <br />DEBTOR: Trinchera Irrigation Company <br />P,O,Box41 <br />Blanca, CO 81123 <br /> <br />FEDERAL TAX NUMBER: 84-0338590 <br /> <br />COUNTY: COSTilLA (CODE: 38) <br /> <br />SECURED PARTY: State of Colorado - Colorado Water Conservation Board <br />1313 Sherman Street, Room 721 <br />Denver, CO 80203 <br /> <br />COLLATERAL: Contract Rights (Code: 030) <br /> <br />DEBTOR, for consideration, hereby grants to SECURED PARTY a security interest in the following property <br />and any and all additions, accessions and substitutions thereto or therefor, hereinafter called the <br />COLLATERAL: All revenues derived from assessments on stock and all of DEBTOR'S right to received said <br />assessment revenues assessments to repay the indebtedness on the amount loaned to debtor by secured <br />party, as approved by the Stockholders and the Board of Directors, pursuant to as 97-42-104, CRS., and <br />in accordance with provisions in contract No. C153607L (CONTRACT). <br /> <br />To secure payment of the indebtedness evidenced by certain Promissory Note of CONTRACT between the <br />above named parties herewith, payable to the SECURED PARTY, the loan amount of $611,477.85 for a <br />period of 40 years in accordance with said Promissory Note or until all principal and interest are paid in full, <br />The parties agree that this security agreement is being amended to reflect the loan amount of <br />$611,477.85, <br /> <br />DEBTOR EXPRESSLY WARRANTS AND COVENANTS: <br /> <br />1. That except for the security interest granted hereby, DEBTOR is, or to the extent that this agreement <br />states that the COLLATERAL is to be acquired after the date hereof, will be, the owner of the COLLATERAL <br />free from any adverse lien, security interest or encumbrances; and that DEBTOR will defend the <br />COLLATERAL against all claims and demands of all persons at anytime claiming the same or any interest <br />therein, <br /> <br />2. That the execution and delivery of this agreement by DEBTOR will not violate any law or agreement <br />goveming DEBTOR or to which DEBTOR is a party. <br /> <br />3. That, if DEBTOR is a corporation, its certificate and articles of incorporation and by-laws do not prohibit <br />any term or condition of this agreement. <br /> <br />4. That by its acceptance of the loan money pursuant to the terms of the CONTRACT and by' its <br />representations herein, DEBTOR shall be estopped from asserting for any reason that it is not <br />authorized to grant a security interest in the COLLATERAL pursuant to the terms of this agreement. <br /> <br />5. To pay all taxes and assessments of every nature which may be levied or assessed against the <br />COLLATERAL <br /> <br />6. To not permit or allow any adverse lien, security interest or encumbrance whatsoever upon the <br />COLLATERAL and not to permit the same to be attached or replevined, <br /> <br />7. That the DEBTOR will not use the COLLATERAL in violation of any applicable statutes, regulations, <br />ordinances, articles of incorporation or by-laws. <br /> <br />Appendix B to Loan Contract C153607L Amendment No.1 <br />
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