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<br />under this Assignment must be contained in a writing signed by Secured Party. A <br />waiver on one occasion shall not constitute a waiver on any other occasion. <br /> <br />7. The rights and remedies of the Secured Party stated in this Assignment are in addition <br />to any other rights the Secured Party may have under the Loan Contract or any law. <br /> <br />8. This Assignment shall be binding upon Debtor and its successors, assigns, trustees, <br />and receivers. <br /> <br />9, This Assignment shall be construed in accordance with the laws of the State of <br />Colorado. <br /> <br />10. The Debtor and Secured Party specifically request the Bank to honor and accept this <br />Assignment and its terms. ~ <br /> <br />Executed this:,? day of ~_ 1998. <br /> <br />TIle North Poudre Irrigation Company, a <br />Co~nprofit corp~ ~ <br /> <br />BY~;~h <br />Duane Aranci, President <br /> <br />SEAL <br /> <br />Attest: j <br /> <br />B~A /V1/ tJU /J. AJJYiJ-L <br />Sharon Seaworth, Corporate Secretary <br /> <br />ACKNOWLEDGMENT BY BANK <br /> <br />By its officer's signature below. the First Nationill Bank, Fort Collins, Colorado ("Bank") acknowledges <br />that it has received a copy of the foregoing At;signment and agrees that neither the Debtor nor <br />anyone else (except Secured Party) has anY right to withdraw any funds from the above- <br />described Account listed above until the Secured Party releases this agreement in writing, except <br />that, at the Debtor's request, the Bank shall allOw transfers of funds from the Account to Secured <br />Party. The Bank acknowledges that the Account is a special deposit and that the funds deposited <br />therein are to be US~d s rJX for Debtor's repayment to the Secured Party of the Loan, and waives <br />any right of setoff:o.it\ 8!N'fhlliJd to the AccOunt. <br />~...~ Ifl "/~ <br />~~t::J ................ <9....~ First National Bank, Fort Collins, Colorado <br />....""'.. . 'fA.;:' &~ <br />~~... .....'1:-~ ij~ I/ice. <br />~. {s r ." ~\,,~ By. ,~ A. _ President . <br /> <br />E'O ~ . ." ! C'~ Pnnted Name & Title Ec/ (//. ~'" r ~Ce A,,/'-ch <br />., ~ " . '>;: <br />-;.',.. . '_s D ~ <br />-:..7' ". ~:::: ate /..l - ",,->?r:r <br />-:. C' '. ;J ::: <br />. ~ 0 ....... ,'.'~ ~ <br />Attest. '/" i{ f 0' I~ V, \....... <br />~.,.)' \\\~ <br />(A III/W, nil <br />By m yJaut.., ~iUJ:.J <br />Corporate Secretary <br />