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C153701 Contract
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C153701 Contract
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Last modified
3/7/2013 7:50:04 AM
Creation date
10/6/2006 12:08:08 AM
Metadata
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Loan Projects
Contract/PO #
C153701
Contractor Name
Fort Morgan, City of & Fort Morgan Water Works and Distribution Enterprise
Contract Type
Loan
Water District
1
County
Weld
Bill Number
SB94-029
Loan Projects - Doc Type
Contract Documents
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<br />10. The DEBTOR wiil keep the eOL ERAL at all times insured against risks of loss o~ L ~.nage 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 aU cases to be payable to the SECURED PARTY and the DEBTOR as their interest <br />may appear. AU 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 SECUREO PARTY with certificates of such insurance or other evidence satisfactory to the SecuRED PARTY as <br />to compliance with the provisions of this paragraph. The SecuRED 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 />{a} default in the payment or performance of any obligation, covenant or liability contained or referred to herein or in any note <br />evidencing the same; <br /> <br />(bl 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 /> <br />(cl loss, theft. damage, destruction, sale or encumbrance to or of any of the COLLATERAL, or the making of any levy seizure or <br />attachment thereof or thereon; <br /> <br />(d) death, dissolution, termination or existence, insolvency, business failure, appointment of a receiver of any part of the property <br />of, assignment for the benefit of creditors by, or the commencement 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 DEFAULT and at any time thereafter, or if it deems itself insecure, SECUReO PARTY may declare all Obligations secured <br />hereby immediately due and payable and shall have the remedies of a secured party under Article 9 of the Colorado Uniform Commercial <br />Code. SECURED PARTY may require DEBTOR to assemble the collateral 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 SECURED 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 this security agreement shall not waive or impair any other security said SECURED 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 i.mpair thi!i security <br />agreement; but said SECURED PARTY shan retain its rights of set-off against DEBTOR. <br /> <br />DEBTOR: CITY OF <br />WORKS AND DIST <br /> <br /> <br />.1995. <br /> <br />By: <br />P. d //&1. <br />rlnte nar;ne tit <br />:; , <br />(SeJi~_ <br />ATTEST, L./y}~j.l .? .e <br /> <br />DEBTOR: CIT~ O!.\\\~(!1"~tvr. COLORADO <br /> <br />, ".0. //.... <br />By; /~. <br />/;:::. '~~, 1/ / <br />I;::: . o~''- I.' <br />Printed j;r@neJ"OitItl-,Japoes p ~ <=, t;~, Mayor <br />=3::0~ lfL c : <br /> <br />~E-~~ ~ :.' <br />ATTEST , "'~!( '~I~~( <br /> <br />~ .. . \,C:., ~:. <br />~ C'OU"NO;V ~~\, .,' <br />~/// II, ,_ <br />111/1/lI/lI\\\\\\\\ <br /> <br />SECURED PARTY: STATE OF COLORADO for the use and <br />benefit ot the Department of Natural Resources. <br />Colorado Water Conservation Board <br /> <br />By: 9-<>k.v- \.). -t:: ~ - <br />Printed name & title Daries C,. Life. Director <br />\?~ 1-1. ~v"-J Y1'~L),~~ <br />
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