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<br />[_IS .17p( <br /> <br />~~ <br />STATE OF COLORADOVIL'EDCO <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 /> <br />DEBTOR: <br /> <br />CITY OF FOJlT MORGAN, COLORADO & <br />CITY OF FORT MORGAN, COLORADO, 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 11:06 <br />The Department of Natural Resources, Colorado Water Conservation Board <br />1 31 3 Sherman Street, Room 721 <br />Denver, Colorado 80203 <br /> <br />DEBTOR'S FEDERAL TAX ID #84-600058B <br /> <br />COLLATERAL <br />CLASSIFICATION: <br /> <br />X CONTRACT RIGHTS <br /> <br />X OTHER <br /> <br />DEBTOR, for consideration, 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 Promissory 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 as <br />described in the Promissory Note Provisions contained in above 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 agreement states that the COLLATERAL <br />is to be acquired after the date hereof. will be, the owner of the COLLATERAL free from any adverse 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, <br /> <br />The COLLATERAL is used or bought primarily for: <br />Personal, family or household purposes; <br />_ Use in farming operations; <br />Use in business; <br />X Other. <br /> <br />.' <br /> <br />/~.- <br /> <br />!:-. ;' { :'~";" -:;-,:,;r:--..r.: \. <br />\ ";', ;-"'. <br />, , , <br />That DEBTOR'S address is as stated above, and the COLLATERAL will be kept a~ the 'agove address:-;' i <br />'..... ~..._~.-,' ... <br /> <br />3, <br /> <br />4. If any of the COLLATERAL is crops, oil, gas or minerals to be extracted or timber to be....cut. or good~,wtlich are or are to become <br />fixtures, said COLLATERAL concerns the following described real estate situate in the County of'Morgarf'and State of Colorado, to.wit: <br />N/A <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 the COLLATERAL. <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 such replacement or repairs. and that the SECURED PARTY may examine and <br />inspect the COLLATERAL at any time, wherever located. . <br /> <br />9. That the DEBTOR will not use the COLLATERAL in violation of any applicable statutes. regulations or ordinances. <br />