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0 <br />e <br />0 <br />01., <br />442417 soA632 PAGE 207 <br />5. Not to se 1, transfer or dispose the Collateral, and promptly to notify t - , red Party of any change in the <br />location of the Coll teral within the State of Colorado and not to remove the same from the State of Colorado without <br />the prior written c nsent of the Secured Party. <br />6. To pay 411 taxes and assessments of every nature which may be levied or assessed against the Collateral. <br />7. Not top mit or allow any adverse lien, security interest or encumbrance whatsoever upon the Collateral and <br />not to permit the sc me to be attached or replevined. <br />8. That the ollateral is in good condition, and that he will, at his own expense, keep the same in good condition <br />and from time to tine, forthwith, replace and repair all such parts of the Collateral as may be broken, worn out, or <br />damaged without llowing any lien to be created upon the Collateral on account of such replacement or repairs, and <br />that the Secured P y may examine and inspect the Collateral at any time, wherever located. <br />9. That he trill not use the Collateral in violation of any applicable statutes, regulations or ordinances. <br />UNTIL DEF ULT Debtor may have possession of the Collateral and use it in any lawful manner, and upon de- <br />fault Secured P shall have the immediate right to the possession of the Collateral. <br />DEBTOR SHALL BE IN DEFAULT under this agreement upon the happening of any of the following events or <br />conditions: <br />(a) default il L the payment or performance of any obligation, covenant or liability contained or referred to herein <br />'? qtr =rin,l 7 the e;r. Q. <br />cr M any ::ct <br />(b) the mak g or furnishing of any warranty, representation or statement to Secured Party by or on behalf of <br />Debtor which prov s to have been false in any material respect when made or furnished; <br />(c) loss, thef , damage, destruction, sale or encumbrance to or of any of the Collateral, or the making of any levy, <br />seizure or attachment thereof or thereon; <br />(d) death, d solution, termination of existence, insolvency, business failure, appointment of a receiver of any <br />part of the propert of, assignment for the benefit of creditors by, or the commencement of any proceeding under any <br />bankruptcy or insc.vency laws of, by or against Debtor or any guarantor or surety for Debtor. <br />UPON SU DEFAULT and at any time thereafter, or if it deems itself insecure, Secured Party may declare all <br />Obligations secur d hereby immediately due and payable and shall have the remedies of a secured party under Ar- <br />ticle 9 of the Colorc do Uniform Commercial Code. Secured Party may require Debtor to assemble the Collateral and de- <br />liver or make it av ilable to Secured Party at a place to be designated by Secured Party which is reasonably convenient <br />to both parties. Exfenses of retaking, holding, preparing for sale, selling or the like shall include Secured Party's rea- <br />sonable attorney's fees and legal expenses. <br />No waiver 1: <br />on a future occasic <br />Party may have oI <br />tional security wa: <br />in the order it may <br />off against Debtor. <br />All rights of <br />and duties of Debt <br />than one Debtor, fi <br />Dated this. <br />Debtor:. <br />OVERLAND DITC <br />Peter Kasp <br />'If this Security Agre <br />r Secured Party of any default shall operate as a waiver of any other default or of the same default <br />i. The taking of this security agreement shall not waive or impair any other security said Secured <br />hereafter acquire for the payment of the above indebtedness, nor shall the taking of any such addi- <br />re or impair this security agreement; but said Secured Party may resort to any security it may have <br />deem proper, and notwithstanding any collateral security, Secured Party shall retain its rights of set- <br />.cured Party hereunder shall inure to the benefit of its successors and assigns; and all promises <br />shad bind his heirs, evccUtcrs '?r ardml i¢t=t+? rs nr his cr its successors or as_° gns. 1, 'here be <br />r liabilities hereunder shall be joint and several. <br />-dc <br />I- AIQD RESERV <br />of , 19 . <br />Secured Party:" <br />COLORADO WATER CONSERVATTION BOARD <br />By � <br />President <br />is intended to serve as a financial statement secured party as well as the debtor must sign. <br />