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<br /> <br />be made in constant annual installments of Four Thousand Three <br />Hundred Seventy-One'Dollars ($4,371) each, for forty (40) <br />years; as shown in Exhibit A. attached hereto and incorporated <br />by reference herein, which first installment shall be due and <br />,payable on the first day~ the month next succeeding the month <br />in which the State determines that the project has been <br />substantially completed, o~ on Dec,ember I, 1988, whichever <br />occurs later, and yearly thereaf'ter until the entire principal <br />sum shall have been paid. However, in the event the contractor <br />does not draw funds co~mencing on the date specified in <br />paragraph C.I.a. below, the obliqation to repay shall be <br />postponed for the same number of months as the contractor <br />delays in drawing funds. Said installment payments shall be <br />made payable to the colorado Water Conservation Board, payable <br />at the offices of said Board in Denver. Colorado. The <br />contractor pledqes its full faith and credit in support of this <br />obligation and warrants that it has taken all steps necessary <br />to pledge its full faith and credit for this Obliqation. <br /> <br />13. Obtain and maintain general fire and hazard insurance <br />on the project in an amount not less than the outstandinq <br />amount of the loan made by the State to the contractor until the' <br />contractor has repaid the loan in the full under. the terms of <br />paraqraph A.Il. above. The Stat~ shall be the sole insured of <br />this pOlicy. The outstandinq loan amount payable to the State <br />shall be reduced in the amount of any payments made to the <br />state under this "insurance <;.overaqe. If only a portion of the <br />outstandinq loan amount is paid to the State under this policy, <br />the number of inStallment payments shall remain unchanqed: <br />however. the amO~nt of each payment ,shall be reduced. <br /> <br />14. comply With the Construction Fund Proqram procedures <br />attached hereto .s Exhibit B and incorporated by reference, <br />herein. I <br /> <br />I <br /> <br />IS.' Comply With the provisions of section 37-60-120, <br />. Co"laeado Revised Statutes, and any other applicable. s'1;.atutes. <br />procedures, requlrements. rules. or regulations which~the State <br /> <br />has. ," "" <br /> <br />1"6; .Not "_s_e,11. convey. as"sign. grant. transfer. mortgage. <br />"pledqe. en~umber. or otherw~se dispose ot the project or a~y" <br />portion thereof" so' lonq' as any of the annQal installments <br />reqUired by para~raph A.ll. above remain unpaid, without, the <br />prior written cOQcurrence of the ,State.,' ~ <br /> <br />B. Upon default in the payments herein set forth to be made by <br />the contractor. Or default in the performance of any covenant <br />or agreement contained herein, the State. at ita option, may <br />(a) declare "the ~ritire principal amount then outstanding <br />immediately due and payable; (b) for the account of the <br />Contractor, "incuI:' and pay reasonable expenses for repair I <br />maintenance, and operation of the project herein described and <br />such expenses as may be necessary to cure the cause of default: <br />(c) take posseSSion of the ,project, repair, maintain, and <br />operate or lease' it; (d)'a~t upon the'secu~ity (described in <br />paraqraph A.5. above) deeded to the State: and/or (e) take any <br />other appropriate legal action. All remedies described herein <br />may be simUltaneously or selectively and sUccessively <br />enforced. The provisions of this contract may be enforced by <br />the State at its option without regatd to ~rior waivers by it <br />of previous defaUlts by the Contractor, thtough Judicial <br />proceedings to require specific performance of this contract or <br />by such other proceedings in law or equity as. may be deemed <br />necessary by the State to insure complianCe with provisions of <br />this contract and the laws and regUlations under which this <br />contract is entered into. <br /> <br />Page i of k Pages <br />