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PROJC00346
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PROJC00346
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Last modified
5/28/2013 8:48:57 AM
Creation date
10/6/2006 12:06:11 AM
Metadata
Fields
Template:
Loan Projects
Contract/PO #
C153785
Contractor Name
Chipperfield Lane Ditch, Inc.
Contract Type
Loan
Water District
39
County
Garfield
Bill Number
SPL
Loan Projects - Doc Type
Contract Documents
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<br />-, <br />-, <br /> <br />AMENDED SECURITY AGREEMENT <br /> <br />DEBTOR: Chipperfield Lane Ditch, Inc. <br />530 Co. Rd. 326 <br />Silt, CO 81652 <br /> <br />FEDERAL TAX NUMBER: 84-1432481 <br /> <br />COUNTY: GARFIELD (CODE: 24) <br /> <br />SECURED PARTY: State of Colorado - Colorado Water Conservation Board <br />1313 Sherman Street, Room 721 <br />Denver, CO 80203 <br /> <br />COLLATERAL: Contract Rights (Code: 030) <br /> <br />. <br />DEBTOR, for consideration, hereby grants to SECURED PARTY a security interest in the following <br />property and any and all additions, accessions and substitutions thereto or therefor, hereinafter <br />called the COLLATERAL: All revenues derived from annual dues and from assessments levied to <br />repay the indebtedness on the amount loaned to DEBTOR by SECURED PARTY, and all rights of <br />DEBTOR to receive said dues and assessment'revenues from its members, as described in pledge <br />of property provisions in Loan Contract No. C153785. <br /> <br />To secure payment of the indebtedness evidenced by certain Promissory Note between the <br />above named parties herewith, in the amount of $41,011.94 at an interest rate of 3.75 % per <br />annum for a term of 30 years, payable by DEBTOR to the SECURED PARTY until all principal and <br />interest are paid in full in accordance with said Promissory Note. The Parties are amending this <br />security agreement as part of Amendment No. 1 to the Loan Contract to reduce the loan amount to <br />$41,011.94. <br /> <br />DEBTOR EXPRESSLY WARRANTS AND COVENANTS: <br /> <br />1. That except for the security interest grant hereby, DEBTOR is, or to the extent that this <br />agreement states that the COLLATERAL is to be acquired after the date hereof, will be, the <br />owner of the COLLATERAL free from any adverse lien, security interest or encumbrances. <br /> <br />2. That the execution and delivery of this agreement by DEBTOR will not violate any law or <br />agreement governing DEBTOR or to which DEBTOR is a party. <br /> <br />3. That, if DEBTOR is a corporation, its certificate and articles of incorporation and by-laws do <br />not prohibit any term or condition of this agreement. <br /> <br />4, That by its acceptance of the loan money pursuant to the terms of the CONTRACT and by its <br />representations herein, DEBTOR shall be estopped from asserting for any reason that it is not <br />authorized to grant a security interest in the COLLATERAL pursuant to the. terms of this <br />agreement. <br /> <br />5. To pay all taxes and assessments of every nature which may be levied or ass~ss'eid againsT. <br />the COLLATERAL. . <br /> <br />6. To not permit or allow any adverse lien, security interest or enculJlbrancey;.hat"soever upon <br />the COLLATERAL and not to permit the same to be attached or replevined. ' . <br /> <br />7, That the DEBTOR will not use the COLLATERAL in violation of any appl)cable statutes; <br />regulations, ordinances, articles of incorporation or by-laws, . . <br />. <br />UNLESS IT DEFAULTS DEBTOR may have possession of the COLLATERAL,'pr'ovidedthat <br />DEBTOR ,keeps all revenues derived from membership assessments in the amount of the -~nnual <br />loan payments due under the contract, as amended, in an account separate from other revenues <br /> <br />Attachment B to Loan Contract No. C153785 Amendment 1 <br />
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