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<br />9. That the DEBTOR will not use the COLLATERAL in violation of any applicable statutes, regulations or ordinances. <br /> <br />, O. 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 PARTY as <br />to compliance with the provisions of this paragraph. The SECUR~D 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 COLLA TEFlAl. <br /> <br />DEBTOR SHALL BE IN DEFAULT under this agreement upon the happening of any of the fallowing 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 />(b) the making or furnishing of any warranty, representafion 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 />Ic) 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 />(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 ccJmmencement of any proceeding under any bankruptcy Or insolvency <br />law of, by Or against DEBTOR or any guarantor or surefY for DEBTOR. <br /> <br />UPON SUCH DEFAULT and at any time thereafter, Or if it deems itself insecure, SECURED 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 tJoth 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 impair this security <br />agreement; but said SECURED PARTY shall retain its rights of set.off 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:JIl 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 _ 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.vkv tJ. ~ - ~- <br />~aries C. Lile. Director <br />\ :(;.h.y \\ . ~- <br />y~~ U:~ <br /> <br />/ <br /> <br />By: <br /> <br />Printed name & title <br />