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<br />UNTIL DEFAULT, DEBTOR may have possession of the COLLATERAL, provided that DEBTOR <br />keeps the COLLATERAL in an account separate from other revenues of DEBTOR and does not use the <br />COLLATERAL for any purpose not permitted by the CONTRACT. Upon default, SECURED PARTY shall have <br />the immediate right to the possession of the COLLAtERAL. <br /> <br />DEBTOR SHALL BE IN DEFAULT under this agreement upon the happening of any of the <br />following events or conditions: <br /> <br />a. default in the payment or performance of any obligation, covenant or liability contained or <br />referred to herein or in any note evidencing the same; <br /> <br />b. the making or furnishing of any warranty, representation or statement to SECURED PARTY by or <br />on behalf of DEBTOR which proves to have been false in any material respect when made or <br />furnished; <br /> <br />c. loss, theft, damage, destruction, sale or encumbrance to or of any of the COLLATERAL, or the <br />making of any levy seizure or attachment thereof or thereon; <br /> <br />d. dissolution, termination of existence, insolvency, business failure, appointment of a receiver of <br />any part of the property of, assignment for the benefit of creditors by, or the commencement of <br />any proceeding under any bankruptcy or insolvency law of, by or against DEBTOR or any <br />guarantor or surety for DEBTOR. <br /> <br />UPON SUCH DEFAULT and at any time thereafter, or if it deems itself insecure, SECURED <br />PARTY may declare all Obligations secured hereby immediately due and payable and shall have the <br />remedies of a secured party under Article 9 of the Colorado Uniform Commercial Code. SECURED <br />PARTY may require DEBTOR to deliver or make the COLLATERAL available to SECURED PARTY at a place <br />to be designated by SECURED PARTY which is reasonably convenient to both parties. Expenses of <br />retaking, holding, preparing for sale, selling or the like shall include SECURED PARTY'S reasonable <br />attorney's fees and legal expenses. In the event court action is deemed necessary to enforce the terms <br />and conditions set forth herein, said action shall only be brought in the District Court for the City and <br />County of Denver, State of Colorado, and DEBTOR consents to venue and personal jurisdiction in said <br />Court. <br /> <br />No default shall be waived by SECURED PARTY except in writing, and no waiver by SECURED <br />PARTY 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 <br />SECURED PARTY may have or hereafter acquire for the payment of the above indebtedness, nor shall the <br />taking of any such additional security waive or impair this security agreement; but said SECURED PARTY <br />shall retain its rights of set-off against DEBTOR. <br /> <br />All rights of SECURED PARTY hereunder shall inure to the benefit of its successors and assigns; <br />and all promises and duties of DEBTOR shall bind its heirs, executors or administrators or its successors <br />or assigns. If there be_~e than one DEBT1' their liabilities hereunder shall be joint and several. <br /> <br />Dated this.2l....-.J.%ay of .!Yt1.tlt-t11 erzOOO <br /> <br />DEBTOR: The DeWeese-Dye Ditch and Reservoir <br />Company, a Colorado nonprofit corporation <br /> <br />By ~~A-'~ 9. ~ <br />..--- Ronald D. om, President <br /> <br />SEAL <br /> <br />ATTEST: <br /> <br />By ~ >?-? . "'71-1-.." e~ tl ~ <br />Rose M. Moschetti, Corporate Secretary <br />