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<br />,~ C_1S!7o( <br /> <br /> <br />STATE OF COLORADOVl.'L~1> COl'""i <br /> <br />UNIFORM COMMERCIAL CODE - SECURITY AGREEMENT & FINANCING STATEMENT <br />COLORADO SECRETARY OF STATE <br />1560 Broadway, Suite 200 - Denver, CO 80202-5169 <br /> <br />'.' <br /> <br />DEBTOR: <br /> <br />CITY OF FOFT MORGAN, COLORADO & <br />CITY OF FORT MORGAN, COLOI'lADO, WATERWORKS AND DISTRIBUTION ENTERPRISE <br />710 Railroad, P. O. Box 100 <br />Fort Morgan, Colorado 80701 <br /> <br />SECURED PARTY: <br /> <br />962002986 C $16.00 <br />SECRETARY OF STATE <br />STATE OF COLORADO for the Use and benefit of 01-11-96 ii: 06 <br />The Department of Natural Resources. Colorado Water Conservation Board <br />1313 Sherman Street, Room 721 <br />Denver, Colorado 80203 <br /> <br />DEBTOR'S FEDERAL TAX 10 #84-6000588 <br /> <br />COLLATERAL <br />CLASSIFICATION: _X_ CONTRACT RIGHTS <br /> <br />X OTHER <br /> <br />DEBTOR. for consideratiC)n, hereby grants to SECURED PARTY a security interest in the following prOperty and any and all additions, <br />accessions and substitutions thereto or therefor. hereinafter called the COLLATERAL: revenues pledged 8S described in Pledge of Revenues <br />Provisions in loan Contract #C153701 dated August 7,1995. <br /> <br />To secure payment of the indebtedness evidenced by certain Foromissory Note contained in the above described loan contract between <br />the above named parties herewith, payable to the SECURED PARTY, or order, as follows: the loan amount of $5.500.000 payable 8S <br />described in the Promis60ry Note Provisions contained in abo\te referenced loan contract. <br /> <br />DEBTOR EXPRESSLY WARRANTS AND COVENANTS: <br /> <br />1. That except for the security interest granted hereby DEBTOR is, or to the extent that this agr~ement states that the COLLATERAL <br />is to be acquired aftet the date hereof, will be, the owner of the COLLATERAL free from any ildverse lien, security interest or <br />encumbrances; and that DEBTOR will defend the COLLATERAL against all claims and demands of all perSons at anytime claiming the same <br />or any interest therein. <br /> <br />2. The COllATERAL is used or bought primarily for: .. .' <br />_ Personal, family or household purposes; .... .. ". <br /> <br />_X_ ~~~]~ ~a~~~~~s~perations; (r.::'(\ :<""";:ro>13 >.', <br /> <br /> <br />3. That DEBTOR'S addr.ess is as stated above. and the COLLATERAL will be kept 3! the"'8.b.~ve 8ddress'.~ / <br />. \'... '---.>" / <br />4. If any of the COLLATERAL is crops, oil, gas or minerals to be extracted or timber to be....cut, at goodS which are or are to become <br />fixtures, said COLLATERAL concerns the following described real estate situate in the County ofMorgarra~d State of Colorado. to~wit: <br />N/A <br /> <br />; <br />I <br /> <br />5. Promptly to notify SECURED PARTY of any changes in the location of the COLLATERAL. <br /> <br />6. To pay all taxes and assessments of every nature which may be levied or assessed against ~he COLLATERAL. <br /> <br />I' <br />,~ <br />.,; <br />~ <br />~ <br />.i <br />0,(. <br />,~ <br />\lj <br />; <br />'X~ <br /> <br />7. To not permit or allow any adverse lien. security interest or encumbrance whatsoever upOn the COLLATERAL and not to permit <br />the same to be attached or replevined. <br /> <br />8. That the COLLATERAL is in good condition, and that the DEBTOR will, at its own expense, keep the same in good condition and <br />from time to time, forthwith, replace and repair all such parts of the collateral as may be broken, worn out, or damaged without allowing <br />any lien to be created upon the COLLATERAL on account of SLlch replacement or repairs. and that the SECURED PARTY may examine and <br />inspect the COLLATERAL at any time. wherever located. <br /> <br />,i <br />L <br /> <br />9. That the DEBTOR will not use the COLLATERAL in violation of any applicable statutes, regulations or ordinances. <br /> <br />I~;! <br /> <br />.' <br /> <br />"n~ClunIV ~ <br />