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<br />9. That the DEBTOR will not use me COLLATERAL in violation of any applicable statutes, regulations or ordinances. <br /> <br />10. The DEBTOR will keep the COllATERAL at all times insured against risks of loss or damage by fire (including so-called extended <br />coverage), theft and such other casualties as the SECURED PARTY may reasonably require, including collision in the case of any motor <br />vehicle, all in such amounts, under such forms of policies, upon such terms, for such periods, and written by such companies or <br />underwriters as the SECURED PARTY may approve, losses in all cases to be payable to the SECURED PARTY and the DEBTOR as their interest <br />may appear: All policies of insurance shall provide for at least ten days' prior written notice of cancellation to the SECURED PARTY; and <br />the DEBTOR shall furnish the SECURED PARTY with certificates of such insurance or other evidence satisfactory to the SECURED PA.RTY as <br />to compliance with the provisions of this paragraph. The SECUFlED PARTY may act as attorney for the DeBTOR in making, adjusting and <br />settling claims under or canceling such insurance and endorsing the DEBTOR'S name on any drafts drawn by insurers of the COLLATERAl. <br /> <br />UNTil DEFAULT DeBTOR may have possession of the COLLATERAL and use it in any lawful manner, and upon default SeCURED PARTY <br />shall have the immediate right to the possession of the COLLATeRAl. <br /> <br />DEBTOR SHALL BE IN DEFAULT under this agreement upon the happening of any of the following events or conditions: <br /> <br />(al default in the payment or performance of any obligatJon, covenant or liability contained or referred to herein or in any note <br />evidencing the same; <br />(b) the making or furnishing of any warranty. representation or statement to SECURED PARTY by or on behalf of DEBTOR which <br />proves to have been false in any material respect when made or furnished; <br />(e) loss, theft, dar1lage, destruction, sale or encumbrance to or of any of the COLLATERAL, or the making of any levy seizure or <br />anachment thereof or thereon; <br />(dl death, dissolution, termination or existence, insolvencV, business failure, appointment of a receiver of any part of the property <br />of, assignment for the benefit of creditors by. or the (iommencement of any proceeding under any bankruptcy or inSOlvency <br />law of, by or against DEBTOR or any guarantor or surety for DEBTOR. <br /> <br />UPON SUCH DEFAVLT and at any time thereafter, or if it deeems itself insecure, SECURED PARTY maY declare all Obligations secured <br />hereby immediately due arld payable and shall have the remedies of a secured party under Article 9 of the Colorado Uniform Commercial <br />Code. SECURED PARTY ma~ require DEBTOR to assemble the colla-teral and deliver or make it available to SeCURED PARTY at a place to be <br />designated by SECURED PARTY which is reasonably convenient to both parties. Expenses of retaking, holding, preparing for sale, selling <br />or the like shall include SeCURED PARTY'S reasonable attorney's fees and legal expenses. <br /> <br />No waiver by SeCUFtED PARTY of any default shall operate as a waiver of any other default or Of the same default on a future <br />occasion. The taking of tl1is security agreement shall not waive or impair any other security said SECUFlEO PARTY may have or hereafter <br />acquire for the payment of the above indebtedness, nor shall the taking of any such additional security waive or impair this security <br />agreement; but said SecuFtED PARTY shall retain its rights of set-pff against DeBTOR. <br /> <br />All rights of SECURED PARTY hereunder shall inure to the benefit of its successors and assigns; and all promises and duties of DEBTOR <br />Sh:lll bind its heirs, executors or administrators or its successors or assigns. If there be more than one DEBTOR, their liabilities hereunder <br />shall be joint and several. <br /> <br />Dated this <br /> <br />day of <br /> <br />. 1995, <br /> <br /> <br />WATER <br /> <br />SeCURED PARTY: STATE OF COLORADO for the use and <br />benefit of the Department of Natural Resources, <br />Colorado Water Conservation Board <br /> <br />By; Q.okv ~. ~. ~- <br />~aries C, Lile. Director <br />\~\-\.~.............. <br />y~!)~ <br /> <br />By: <br /> <br />Printed <br /> <br />Printed name & title <br />