Laserfiche WebLink
<br />(C.~,~\ <br /> <br />(rounded down to the nearest whole number), and an undivided interest in the Water <br />Rights, the aggregate value of which is proportional to such Owner's allocated portion <br />of the payment, as determined pursuant to the formula set forth below, so long as the <br />Borrower is in substantial compliance with all of the obligations of this Contract, <br />including, but not limited to, being current on the annual payments due under this <br />Contract and in accordance with the terms of the Promissory Note, Upon payment in <br />full of an Owner's allocated portion of the Loan, the STATE shall release all remaining <br />Shares and Water Rights of that Owner then subject to the Security Documents. In <br />each case, the STATE shall execute all documents necessary to evidence such <br />releases, Notwithstanding anything to the contrary in this Contract, the Promissory <br />Note or the Security Documents, an Event of Default (as defined in Paragraph D <br />below) with respect to any Owner's allocable portion of the Loan shall not affect the <br />rights of all other Owners whose proportionate Loan payments arid other assessment <br />payments under Paragraph below have been made to releases of their Shares <br />pursuant to this paragraph. <br /> <br />b, The Collateral, in the following amounts, shall be released when each Owner satisfies <br />the following cumulative percentage of repayment of its portion of the principal loan <br />amount: 7% (7% of the collateral would be released), 17% (17%-7%=10% more of the <br />collateral would be release), 31% (31%-17%=14% more of the collateral would be <br />released) 48% (48%-31%= 17% more of the collateral would be released), 70% (70%- <br />48%=22% more of the collateral would be released) and 100% (100%-70%=30%, the <br />remainder of the collateral would be released), If each Owner makes the loan payment <br />in accordance with the terms of the promissory note with no prepayments or unpaid <br />late charges on its portion of the loan and if the collateral value to loan balance is 1,3, <br />these releases will take place after the receipt of every fifth annual payment. <br /> <br />c. The Borrower shall issue stock certificates to each Owner reflecting the above stated <br />percentages (rounded down to the nearest whole number), <br /> <br />3. Pledge Of Property. The Borrower hereby irrevocably pledges to the State for purposes <br />of repayment of this loan revenues from assessments levied and collected from the <br />Owners in the amount necessary for each annual loan payment as authorized by the <br />Borrower's resolution, and the Borrower's rights to receive said assessment revenues from <br />said Owners (hereinafter collectively referred to as the 'pledged property"). The State and <br />the Borrower acknowledge and agree that this pledge in no way imposes joint and several <br />liability on the Owners for any obligation under this Contract. <br /> <br />a. Revenues For This Loan Are To Be Kept Separate. The Borrower hereby agrees <br />that upon receipt of the assessments from the Owners, to set aside and keep the <br />pledged revenues in an account separate from other Borrower revenues, and warrants <br />that it shall not use the pledged revenues for any other purpose. <br /> <br />b. Establish Security Interest. The Borrower agrees that, in order to provide a security <br />interest for the State in the pledged property so that the State shall have priority over <br />all other competing claims for said property, it shall execute a Security Agreement, <br />attached hereto as Appendix F and incorporated herein, and an Assignment of <br />Deposit Account as Security, attached as Appendix G and incorporated herein, prior <br />to the disbursement of any loan funds. The Borrower acknowledges that the State <br /> <br />Eagle Park Reservoir Company <br /> <br />Page 4 of 13 <br /> <br />Loan Contract <br />