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, Promissory Note Date July 11,2001 Date of CompletionY,L.c-e~~= ./) ZO() 2- 1. FOR VALUE RECEIVED, The Tunnel Water Company ("BORROWER") promises to pay' the State' of Colorado Water Conservation Board ("STATE"), the principal sum of Two Million Eighty Thousand Dollars ($2,080,000) plus interest at the rate of four and three-tenths nt (4.3%) per annum for a term of thirty (30) years, pursuant to Loan Contract No. C150065 dated 1 ("LOAN CONTRACT"). 2. Principal and interest shall be pa nts of $124,706.21, with the first payment due and payable one year from the date that t State deter' that the project is substantially complete, and annually thereafter until all pr" interest, a all late charges, if any, have been paid in full. All principal, interest, and late charges, if an then raining un . shall be due and payable 30 years thereafter. 3. ade yable to the Colorado Water Conservation Board and mailed to 1313 Sherman , Colorado 80203. 4. ATE does not receive the annual payment within 15 calendar days of the due date, the State may a late charge in the amount of 5% of the annual payment. 5. This Note may be prepaid in whole or in part at any time without premium or penalty. Any partial prepayment shall not postpone the due date of any subsequent payments or change the amount of such payments. 6. All payments received shall be applied first to late charges, if any, next to accrued interest and then to reduce the principal amount. 7. This Note is issued pursuant to the LOAN CONTRACT between the STATE and the BORROWER. The LOAN CONTRACT creates security interests in favor of the STATE to secure the prompt payment of all amounts that may become due hereunder. The security interests, evidenced by a Security Agreement and a Deed of Trust, dated July 11, 2001, cover certain revenues and real property of the BORROWER. The LOAN CONTRACT, Security Agreement and Deed of Trust grant additional rights to the STATE, including the right to accelerate the maturity of this Note in certain events. 8. If any annual payment is not paid when due or any default under the LOAN CONTRACT or the Security Agreement or Deed of Trust or Assignment securing this Note occurs, the STATE may declare the entire outstanding principal balance of the Note, all accrued interest, and any outstanding late charges immediately due and payable, and the indebtedness shall bear interest at the rate of 7% per annum from the date of default. The STATE shall give the BORROWER written notice of any alleged default and an opportunity to cure within thirty (30) days of receipt of such notice before the BORROWER shall be considered in default for purposes of this Promissory Note. 9. The BORROWER, any guarantor, and any other person who is now or may hereafter become primarily or secondarily liable for the payment of this Note or any portion thereof hereby agree that if this Note or interest thereon is not paid when due or if suit is brought, then it shall pay all reasonable costs of collection, including reasonable attorney fees. In the event of any bankruptcy or similar proceedin s, costs of collection shall include all costs and attorney fees incurred in connection with such procee' s, uding the fees of counsel for attendance at meetings of creditors' committees or other committees. 10. This Note shall be governed in all respects by the laws of th~ate of Cola . BORRO R: The Tunnel Water Company, a Colorado (SEAL) o~:~ati~~~ Fred Walker, President .---...... .... Appendix 2 to Loan Contract C150065