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<br />:.,.'., <br /> <br />6, The modification or waiver of any of Debtor's obligations or Secured Party's rights under this <br />Assignment must be contained in a writing signed by Secured Party, A waiver on one <br />occasion shall not constitute a waiver on any other occasion. <br /> <br />7, The rights and remedies of the Secured Party stated in this Assignment are in addition to any <br />other rights the Secured Party may have under the Loan Contract or any law, <br /> <br />8, This Assignment shall be binding upon Debtor and its successors, assigns, trustees, and <br />receivers, <br /> <br />9. This Assignment shall be construed in accordance with the laws of the State of Colorado. <br /> <br />10, The Debtor and Secured Party specifically request the Bank to honor and accept this <br />Assignment and its terms. <br /> <br />Executed this 17 day of September 1998. <br /> <br />The Western Mutual Ditch Company, a <br />Colorado nonprofit corporation <br /> <br />BY.';;d..,.,k Jj ~dq ~ ~. %..., <br />Frank Eckhardt, Jr., Preside~~"< <br /> <br />SEAL <br /> <br />Attest: <br /> <br />By 4iCU LI~u ~ f' {ly/ha !7('j} <br />Corporate Secretary <br /> <br />ACKNOWLEDGMENT By BANK <br /> <br />By its officer's signature below, the The Ea ton Bank - Wes t ("Bank") acknowledges that it <br />has received a copy of the foregoing Assignment and agrees that neither the Debtor nor anyone else (except <br />Secured Party) has any right to withdraw any fundi> from the above-described Account listed above until <br />the Secured Party releases this agreement in writing, except that, at the Debtor's request, the Bank shall allow <br />the transfer of the annual Loan payment to Secured Party. The Bank acknowledges that the Account is a <br />special deposit and that the funds deposited therein are to be used solely for Debtor's repayment to the <br />Secured Party of the Loan, and waives any right of i>etoff it may have in and to the Account <br /> <br />Bilnk: <br /> <br />~ ~- \f _ President <br />Printed Name & Title Christopher W. Jeavons <br />D~e 9/24/98 SenIor VIce PresIdent <br /> <br />Attest: <br />By q(~J.;{ tJlu#~ oL <br />