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C150044 Contract
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C150044 Contract
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Last modified
8/1/2013 11:13:10 AM
Creation date
10/6/2006 12:05:33 AM
Metadata
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Loan Projects
Contract/PO #
C150044
Contractor Name
Riverside Reservoir and Land Company
Contract Type
Loan
Water District
1
County
Morgan
Bill Number
HB 00-1419
Loan Projects - Doc Type
Contract Documents
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<br />provided by this loan, as more particularly described in the attached Deed of Trust, hereinafter <br />referred to as "collateral." <br /> <br />12. Pledge Of Property. The BORROWER hereby irrevocably pledges to the STATE for purposes of <br />repayment of this loan revenues from assessments levied for that purpose as authorized by the <br />BORROWER'S resolution and all of the BORROWER'S rights to receive said assessment revenues <br />from its members (hereinafter collectively referred to as the "pledged property"). Furthermore, <br />BORROWER agrees that <br /> <br />a. Revenues For This Loan Are To Be Kept Separate. The BORROWER hereby agrees to set <br />aside and keep the pledged revenues in an account separate from other BORROWER <br />revenues, and warrants that it shall not use the pledged revenues for any other purpose. <br /> <br />b. Establish Security Interest. The BORROWER agrees that, in order to provide a security <br />interest for the STATE in the pledged property so that the STATE shall have priority over all <br />other competing claims for said property, it shall execute a Security Agreement, attached <br />hereto as Appendix 5 incorporated herein, and an Assignment of Deposit Account as <br />Security, attached as Appendix 6 and incorporated herein, prior to the disbursement of any <br />loan funds. The BORROWER acknowledges that the STATE shall perfect its security interest in <br />the BORROWER'S right to receive assessment revenues by filing a UCC-1 Form with the <br />Colorado Secretary of State. <br /> <br />c. Assessments For Repayment Of The Loan. Pursuant to its statutory authority, articles of <br />incorporation and by-laws, and as authorized by its resolution, the BORROWER shall take all <br />necessary actions consistent therewith to levy assessments sufficient to pay this loan as <br />required by the terms of this contract and the promissory note. In the event the assessments <br />levied by the BORROWER become insufficient to assure such repayment to the STATE, the <br />BORROWER shall immediately take all necessary action consistent with its statutory authority, <br />its articles of incorporation, bylaws and resolution, including, but not limited to, levying <br />additional assessments to raise sufficient revenue to assure repayment of the loan to the <br />STATE. <br /> <br />d. Assessments For Operations, Maintenance And Reserves. Pursuant to its statutory <br />authority, articles of incorporation, by-laws, and resolutions, the BORROWER shall levy <br />assessments from time to time as necessary to provide sufficient funds for adequate <br />operation and maintenance, emergency repair services, obsolescence reserves and debt <br />service reserves. BORROWER shall deposit an amount equal to one-te~th of an annual <br />payment into its debt service reserve fund one year from the first loan disbursement, and <br />annually thereafter for the first ten years of this loan. In the event that the Borrower applies <br />funds from this account to repayment of the loan, the Borrower shall replenish the account <br />within ninety (90) days of withdrawal of the funds. <br /> <br />13. Change of Use of Water Shares During Term of Contract. The BORROWER agrees to <br />notify the STATE of any change of the use of the water rights represented by its shares from <br />irrigation to municipal or commercial use, at which time the STATE, at its discretion, may adjust <br />the interest rate on that portion of the outstanding loan amount corresponding to the <br />percentage of shares for which the use has been changed to the CWCB's municipal or <br />commercial rate in effect at the time of the change of use of the water rights. The parties shall <br />execute a contract amendment to effect said change in interest rate. <br /> <br />14. Collateral During Repayment. The BORROWER shall not sell, convey, assign, grant, transfer, <br />mortgage,' pledge, encumber, or otherwise dispose of the property provided as security for this <br /> <br />Riverside Reservoir and Land Company <br /> <br />Page 6 of 12 <br /> <br />Loan Contract C150044 <br />
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