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<br />5, Promptly to notifY Secured Party of any change in the location of the Collateral. <br /> <br />6. To pay all taxes and a<;sessments of every nature which may be levied or assessed against the Collateral. <br /> <br />7. Not to pennit or allow any adverse lien, security interest or encumbrance whatsoever upon the Collateral and not to <br />permit, the same to be attached or replevined. <br /> <br />8. That the Collateral is in good condition, and that he will, at his 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 <br />allowing any lien to be created upon the Collateral on account of such replacement or repairs, and that the Secured Party may <br />examine and inspect the Collateral at any time, wherever located. <br /> <br />9. That he will not use the Collateral in violation of any applicable statutes, regulations or ordinances. <br /> <br />10. The Debtor will keep the Collateral at all times insured against risks of loss or damage by fire (including so- <br />called extended coverage), theft and such other casualties as tne Secured Party may reasonably require, including collision <br />in the case of any motor vehicle, all in such amounts, under such forms of policies, upon such terms, for such periods, and <br />written by sllch companies or underwriters as the Secured Party may approve, losses in all cases to be payable to the <br />Secured Party and the Debtor as their interest may appear, All policies of insurance shall provide for at least ten days' prior <br />written notice of cancellation to the Secured Party; and the Debtor shall furnish the Secured Party with certificates of such <br />insurance or other evidence satisfactory to the Secured Party as to compliance with the provisions of this paragraph. The <br />Secured Party may act as attorney for the Debtor in maki~g, adjusting and settling claims under or cancelling such <br />insurance and endorsing the Debtor's name on any drafts dr~wn 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 defuult <br />Secured Party shall have the immediate right to the possession of the Collateral. <br /> <br />DEBIDR SHAll. BE IN DEFAULT under this agreement upon the happening of any of the following events or <br />conditions: <br /> <br />(a) default in the payment or perfonnance of any obligation, covenant or liability contained or refened to herein or in any <br />note 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 <br />which 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 <br />or attachment thereof or thereon; <br /> <br />(d) death, dissolution, termination or existence, insolvenCY, business failure, appointment of a receiver of any part of the <br />property of, assignment for the benefit of creditors by, or the commencement of any proceeding under any bankruptcy or <br />insolvency laws 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, Secured Party may declare all <br />Obligations secured hereby immediately due and payable and shall have the remedies of a secured party under Article 9 of the <br />Colorado Unifonn Commercial Code, Secured Party may require Debtor to assemble the Collateral and deliver or make it <br />available to Secured Party at a place to be designated by Secured I':1Ity which is reasonably convenient to both parties, Expenses of <br />retaking, holding, preparing for sale, selling or the like shall include Secured Party's reasonable attorney's fees and legal <br />expenses. <br /> <br />No waiver by Secured Party of any default shall operate as a waiver of any other defuult 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 <br />hereafter acquire for the payment of the above indebtedness, nor shall the taking of any such additional security waive or impair <br />this security agreement; but said Secured Party may resort to any security it may have in the order it may deem proper, and <br />notwithstanding any collateral security, Secured Party shall retai~ 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 <br />Debtor shall bind his heirs, executors or administrators or his or its successors or assigns. If there be more than one Debtor, their <br />liabilities hereunder shall be joint and several. <br /> <br />Date this <br /> <br />22ND <br /> <br />day of <br /> <br />Auol{~ <br /> <br />,19 q4 <br /> <br />Debtor: <br /> <br />Secured Party:,. <br /> <br />ELMWOOD LATERAL DITCH CO., INC. <br />A I' 0 ii- <br />BY f' I!f'//iF:/'A"'I -I, V.y,j~L_"' <br />, <br /> <br />THE USE AND BENEFIT <br />o <br /> <br /> <br />. . . , <br /> <br />'If!his Securiry A~ment is inlendcd :0 o;cr.Ie as I ti~r".. _. ' sceUrN party "" _II ;I;S lhe <kblor must sign. <br /> <br />. ~. - <br />