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<br />Deposit. This power of attomey is coupled with an interest and is irrevocable. <br /> <br />5. The modification or waiver of any of Owner's obligations or Lender's rights under this <br />Assignment must be ,contained in a writing signed by Lender. A waiver on one <br />occasicmshatl not constitute a waiver...9n any other occasion. <br /> <br />6. The rights and remedies of the Lender stated in this Assignment are in addition to any <br />other rights the Lender may have under the Loan Contract or any law. <br /> <br />7. This Assignment shall be binding upon Owner and its successors, assigns, trustees, <br />and receivers. <br /> <br />8. This Assignment shall be construed in accordance with the li3wS of the State of <br />Colorado. <br /> <br />=-.,-.,,:- ..' <br /> <br />9. The Owner and Lender specifically request the Bank to honor and accept this <br />A~~ignrTlent and its terms. ' <br />Exi&:teo.:thifUDaYOf 0 c +vk.-.1999. <br /> <br />i~-~' . ,:~"~ ' .' - . <br />;....'. , <br />,;... _0 <br />,~, ;, ..:.,. / S'r::'t. (.. . <br />~ _'~:, .~j "....:.,. nl:..n . ..'"; ~ <br />~.~;:- \" ' ;;j.-,:;. . :;;;./ <br />" <br />".'" ;.',....,.., J, ,," <br />'1:; " ~.; ~ w~ <br />Attest: ' ,,' <br /> <br />By ~G~ <br />Katherine Seetch, Corporate Secretary <br /> <br />DEBTOR: The Sterling Irrigation Company, <br />a Colorado nonprofit corporation <br /> <br />.' r."' <br /> <br />By ~d fi~ <br /> <br />Kenneth Gareis, President <br /> <br />ACKNOWLEDGMENT BY BANK <br />By its officer's signature below, the Key Bank, N,A" Sterling, Colorado ("Bank") acknowledges that it has <br />received a copy of the foregoing Assignment, and agrees that, upon notice from the Colorado Water <br />Conservation Board ("CWCB") that the Owner is in default under its Loan Contract with the CWCB and that the <br />CWCB is exerCising its right under the Assignment to withdraw funds contained in the Certificate of Deposit, <br />the Bank shall pay such funds directly to the CWCB until advised otherwise by the CWCB and the Owner. The <br />Bank acknowledges that the Certificate of Deposit Account is a special deposit and that the funds deposited <br />therein are to be used solely to secure Owner's Loan from the CWCB, and waives any right of setoff it may <br />have in and to the Account. <br /> <br />1 I . <br />..)l-~ 6 tJ cvv...rlu <br />! <br /> <br />Key Bank, N.A., Sterling, Colorado <br /> <br />BY(\ >ffil~ <;;, Ulfl~ J'rbissnt <br /> <br />Printed Name & TitleQ..0'0ni.e q" LL\f\ ..-e.c",- \ <br />Date Q)~t ;).4 \C\qq~rcc""~"""":," <br />) <br /> <br /> <br />/0!ZQ!17 <br />Ej Ccmmissionexpires November 2.7, 2COQ <br />