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<br />I'-... <br />."\ <br /> <br />I\j <br /> <br />5. Promptly to notify Secu,_d Parry or;my change in the locatiun or the Culla...:ial. <br /> <br />6. Tu pay all tax.c:s and JSse~sments uf ever;.' nature \l,/hi;:h m'-lY be ie\'lcd (If ~ses~cci ag;1lTlSl the ClllL:Heral. <br /> <br />"7. ~Ot to permit or :.lllaw any adverse lien. security interest or ellcumorance whatsoever upon the Collmeral :lod not ro <br />permit the same to be atUlched or replevined. <br /> <br />8. That !.he Collaleral is in good condition. and that he wilL at-his own expense. keep the same in good condition and <br />from time to lime, fonhwilh. replace and repair all such pans ofIhe CollaterJ.l as may be broken. worn OUL or damaged without <br />allowing any lien (Q be created ulX'n the ColJareral on account of such replacement or repairs. and that the Secured Parry may <br />examine and inspect the Collaleral at any lime. wherever located. <br /> <br />9. That he will not use the Collaleral in violation of any applicable staruleS, regulmions 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). theft and such Olher casualties as lhe Secured Party may reasonably require. including collision <br />in the case of any motor vehicle. all 10 such amounts, under such forms of policies, upon such terms, for such periods, and <br />wriuen 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 imerest may appear. All policies of insurance shall provide for alleast ten'days' prior <br />written nOlice of cancellation to the Secured Party; and lhe Debtor shall furnish lhe Secured Party with certificates of such <br />insurance or other evidence satisfactory [Q the Secured Party as to compliance with the provisions ofrhi5 rar;:l~rt.l.ph. The <br />Secured Parry may act as auorney for the Debtor in making, adjusting 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 Pany shall have the immediate right to the possession of the Collateral. <br /> <br />DEBWR SHAll. BE IN DEFAULT under this agreemem 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 referred to herein or in any <br />note evidencing the same; <br /> <br />(b) the making or furnishing of any warranty, representation or statemem 10 Secured Pany by or on behalf of Debtor <br />which proves to have been false in any material respect when made or furnished; <br /> <br />(c) loss. theft, damage. destruction. sale or encumbrance to or of any of the Collateral. orlhe making of any levy seizure <br />or attachmem thereof or thereon; <br /> <br />(d) death. dissolution. termination or existence, insolvency, business failure. appointment of a receiver of any pan of the <br />propeny 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 guaramor or surety for Debtor. <br /> <br />UPON SUCH DEFAULT and at any time thereafter. or if il deems itself insecure, Secured Pany may declare all <br />Obligations secured hereby immediately due and payable and shall have the remedies of a secured puny under Anicle 9 of the <br />Colorado Uniform Commercial Code. Secured Pany may require Debtor to assemble the Collateral and deliver or mak.e :t <br />av.J.iJabJe to Secured Pany at a place [0 be designated by Sect.m~d Pany whk:h is reasonably convenient lO beth panies. Expenses of <br />retaking. holding. preparing for sale. selling or the like shall include Secured Puny's reasonable attorney's fees and legal <br />expenses. <br /> <br />No w.llver by Secured Pany 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 securiry 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 sel-off againsl Debtor, <br /> <br />All rights of Secured Pany hereunder shall inure to the benefit of its successor,; and assigns; and all promises and duties of <br />Debtor shaU 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 be joint and several. <br /> <br />Date this 7th day of Februarv <br />THE NORTH POUDRE IRRIGATION COMPANY <br /> <br />.19 90 <br /> <br />~~ ~d, <br />~;' a ~ . ~ j~J <br />anager <br />'11 till' s.:~U",,' A~moml ",,,~ndeU I" ><1'''' ~"ntl:ltl.;m~ ".II~me:l1 -<<'l'~ p.lft\ :I.' _II .." tho delll,.,.. mU'l "~n <br /> <br />Secured ~:. <br /> <br />y--v~' <br /> <br />tj(~ <br />