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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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Template:
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 />'. <br /> <br />10. The DEBTOR wiil 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 casl:'alties 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 SECUReo 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 sLlch 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 COlLAfERAl and use it in any lawful manner, and upon default SECURED PARTY <br />shall have the immediate right to the possession of the COlLATE~Al. <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 />(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 /> <br />(c) 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 pan of the propeny <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 deE!ms itself insecure, SECURED PARTY may declare all Obligations secured <br />hereby immediately due and payable and shall have the remedies elf a secured pany under Anic]e 9 of the Colorado Uniform Commercial <br />Code. SECURED PARTY may require DEBTOR to assemble the collatE!ral and deliver or make it available to SECURED PARTY at a place to be <br />designated by SECURED PARTY which is reasonably convenient to t>oth panies. 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 th~ 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 />DEBTOR: CITY OF <br />WORKS AND DIST <br /> <br /> <br />Dated this <br /> <br />,1995. <br /> <br />By: <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; \?~ \J. .z:..t> <br /> <br />Printed name & title Daries C. Lile. Director <br />'?~ l-\. S;""-,, ry~L>\';'~ <br /> <br />I / <br />Printed na~e/& tit <br />/ <br />(S~~_ <br />ATTEST, C/y}.tj~.."..,....j' <br /> <br />DEBTOR: CITY Ol.~\",\\1~lE..lllVr ~ CO, RADO <br />;~ ~ <br />By; .,. <br />/ ~ . <br />.' ~ . <br />/ ..:::: . <br />Printed Ji@1ell<dlit or <br />==::0 c <br /> <br />~E-~~~ :, <br />A nEST, ~' ,..,,;~ <br />~. . <:::". ,': <br />"~llO..... ,,<:''", c, <br />~ liNT'(, '\ " <br />W"I/I/I/III\I\I\l1I . <br /> <br />
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