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<br />SECURITY AGREEMENT <br /> <br />DEBTOR: Plumb and Dailey Ditch Company <br />4239 WCR 22 <br />Lon;jmont, CO 80504 <br /> <br />FEDERAL TAX NUMBEr\: 84-0293625 <br /> <br />COUNTY: WELD (CODE: 03) <br /> <br />SECURED PARTY: State of Colorado - Colorado Water Conservation Scard <br />1313 Sherman Street, Room 721 <br />Denver, CO 80203 <br /> <br />COLLATERAL: Contract Rights (Code: 030) <br /> <br />'~TOR, for consideration, hereby grants to SECURED PARTY a security interest in the following <br />:<,erty and any and all additions, accessions and substitutions thereto or therefor, hereinafter <br />;3d the COLLATERAL: All revenues derived from assessments on stock and all of DEBTOR'S right to <br />,~=ive said assessment revenues to repay the indebtedness on the amount ioaned to debtor by <br />,::Jured party, as described in Pledge of Property provisions in Contract No, C150048 (CONTRACT). <br /> <br />" secure payment of the indebtedness evidenced by the Promissory Note between the above named <br />. ~;es herewith, payable to the SECURED PARTY, the loan amount of $42,000 at an interest rate of <br />','5% per annum for a period of 20 years in accordance with said Promissory Note or until all principal <br />.' ::: interest are paid in full. <br /> <br />, ::3TOR EXPRESSLY WARRANTS AND COVENANTS: <br /> <br />That except for the security interest granted hereby, DEBTOR is, or to the extent that this agreement <br />states that the COLLATERAL is to be acquired after the date hereof, will be, the owner of the <br />COLLATERAL free from any adverse lien, security interest or encumbrances; and that DEBTOR wiD <br />defend the COLLATERAL against all claims and demands of all persons at anytime claiming the same <br />::Jr any interest therein. <br /> <br />That the execution and delivery of this agreement by DEBTOR will not violate any law or agreement <br />;)oveming DEBTOR or to which DEBTOR is a party, <br /> <br />That, if DEBTOR is a corporation, its certificate and articles of incorporation and by-laws do rot <br />:,rohibit any term or condition of this agreement. <br /> <br />':-hat by its acceptance of the ioan money pursuant to the terms of the CONTRACT and by HIs <br />'epresentations herein, DEBTOR shall be estopped from asserting for any reason that it is not <br />wthorized to grant a security interest in the COLLATERAL pursuant to the terms of this agreement. <br /> <br />- 0 pay all taxes and assessments of every nature which may be levied or assessed against the <br />:;OLLATERAL, <br /> <br />- 0 not permit or allow any adverse lien, security interest or encumbrance whatsoever upon the <br />:;JLLATERAL and not to permit the same to be attached or replevined, <br /> <br />-~al the DEBTOR will not use the COLLATERAL in violation of any appli:able statutes, regulatiol'lS, <br />: rdinances, artiCles of in:orporation or by-laws, <br /> <br />UNTIL DEFAULT O,,6TOR may nave possession of the COLLATERAL, prOvided that DESTOR <br />',3 the COL~-;-ERAL in an account separate from other revenues of DEBTOR and ooes not use tile <br />, : .-"TERAL for any purpose not permitted by the CONTRACT. Upon default, SECURED PARTY shall have <br />:c'mediate rigm to the :lossession of the COLLA ERAL <br /> <br />Appendix 4 to Loan Contract C150048 <br />