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<br />SECURITY AGREEMENT <br /> <br />(PLEDGE OF REVENUES) <br /> <br />DATE: NOVEMBER 1, 2002 <br /> <br />DEBTOR: THE LOMA DITCH AND LATERAL COMPANY <br /> <br />SECURED PARTY: COLORADO WATER CONSERVATION BOARD <br />1313 SHERMAN STREET, ROOM 721 <br />DENVER, CO 80203 <br /> <br />PROMISSORY NOTE: 5250,235, DATEO NOVEMBER 1,2002 <br /> <br />TERMS: REPAYMENT PERIOO OF 30 YEARS, INTEREST AT THE RATE OF 2.75% <br />PER ANNUM <br /> <br />LOAN CONTRACT: C150114, DATED NOVEMBER 1, 2002 <br /> <br />COLLATERAL: All revenues derived from assessments on stock and all of <br />Debtor's right to receive said assessment revenues to repay the <br />loan as described in Pledge of Property provisions of the LOAN <br />CONTRACT. <br /> <br />To secure payment of the loan evidenced by the PROMISSORY NOTE payable in accordance <br />with the TERMS, or until all principal, interest, and late charges, if any, are paid in full, the <br />DEBTOR grants to SECURED PARTY a security interest in the above described COLLATERAL. <br />DEBTOR EXPRESSLY WARRANTS AND COVENANTS: <br />,. That except for the security interest granted hereby and any other security interests <br />described in Section 5 of the Loan Contract Project Summary, DEBTOR is the owner of the <br />COLLATERAL free from any adverse lien, security interest or encumbrances; and that DEBTOR <br />will defend the COLLATERAL against all daims and demands of all persons at any time <br />claiming the same or any interest therein. <br />2. That the execution and delivery of this agreement by DEBTOR will not violate any law or <br />agreement governing DEBTOR or to which DEBTOR is a party. <br />3. To not permit or allow any adverse lien. security interest or encumbrance whatsoever upon <br />the COLLATERAL and not to permit the same to be attached or replevined. <br />4. That by its acceptance of the loan money pursuant to the terms of the CONTRACT and by ~s <br />representations herein, DEBTOR shall be estopped from asserting for any reason that it is <br />not authorized to grant a security interest in the COLLATERAL pursuant to the terms of this <br />agreement. <br />5. To pay all taxes and assessments of every nature which may be levied or assessed against <br />the COLLATERAL. <br />6. That the DEBTOR'S artides of incorporation and by-laws do not prohibit any term or condition <br />of this agreement. <br />UNTIL DEFAULT DEBTOR may have possession of the COLLATERAL, provided that <br />DEBTOR keeps the COLLATERAL in an a=unt separate from other revenues of DEBTOR and <br />does not use the COLLATERAL for any purpose not permitted by the CONTRACT. Upon default,SECUREO PARTY shall have the immediate right to the possession of the COLLATERAL. <br /> <br />Appendix 4 to Loan Contract C150114 <br />