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<br />/~'l <br />.. <br /> <br />ASSIGNMENT OF CERTIFICATE OF DEPOSIT <br /> <br />In consideration of and as security for reimbursement for monies owing under a loan from <br />the Colorado Water Conservation Board ("Lender") to the Town of Lyons ("Owner") in the <br />amount of $229,430.90 ("Loan") pursuant to Contract Encumbrance Number C153721, <br />("Loan Contract"), Owner hereby assigns to the Lender Certificate of Deposit No. <br />in the amount of $18,213.45 ("Collateral") issued by Pioneer Bank of Lyons <br />("Bank"). Owner warrants that said Certificate of Deposit Account has been established <br />as a special deposit with the funds deposited therein to be used solely to secure <br />repayment of the Loan to Lender. <br /> <br />The Collateral secures the payment and performance of all of Owner's present and future, <br />direct or indirect, absolute and contingent, express and implied, indebtedness, liabilities, <br />obligations and covenants (cumulatively "Obligations") by Lender pursuant to the Loan <br />Contract described above and any amendments thereto. This Assignment is made solely <br />to secure performance of the Obligations and is made subject to the following terms, <br />covenants and conditions: <br /> <br />1, Owner shall deliver the original Certificate of Deposit to Lender upon the execution of <br />this Assignment. This Assignment shall continue until Lender specifically terminates <br />the security interest in the Collateral in a writing signed by Lender. <br /> <br />2. Lender shall be entitled to notify the Bank to pay Lender any monies owing Owner <br />under the Certificate of Deposit in the event of a default under the Obligations. The <br />Lender shall apply such monies first to costs associated with collection, including <br />reasonable attorney's fees, next to outstanding interest, and then to the principal sum <br />of the Loan. In the event that Owner possesses or receives possession of any <br />instruments or other remittances with respect to the Certificate of Deposit following the <br />giving of such notification, Owner shall hold such instruments and other remittances in <br />trust for Lender apart from Owner's other property, endorse the instruments and other <br />remittances to Lender, and immediately provide Lender with possession of the <br />instruments and other remittances. <br /> <br />3, The Owner shall be in default under this Assignment upon the occurrence of any of <br />the following events or conditions: (a) failure or omission to make any payment under <br />the Loan Contract when due; (b) default in the payment or performance of any <br />obligation, covenant, agreement or liability contained or referred to in the Loan <br />Contract; (c) the making of any levy, seizure, or attachment on the Collateral; (d) the <br />Owner becoming insolvent or unable to pay debts as they mature. The Lender shall <br />give the Owner written notice of any alleged default and an opportunity to cure within <br />thirty (30) days of receipt of such notice before the BORROWER shall be considered in <br />default for purposes of this Assignment. <br /> <br />4, Owner hereby appoints Lender as its attorney-in-fact to endorse Owner's name on all <br />instruments and other remittances payable to Owner with respect to the Certificate of <br />Deposit. This power of attorney is coupled with an interest and is irrevocable. <br /> <br />Attachment D to Loan Contract C153721 Amendment No.1 <br />