Laserfiche WebLink
<br />8. Collateral During Repayment. The BORROWER shall not 'sell, convey, assign, grant, transfer, <br />mortgage, pledge, encumber, or otherwise dispose of the CD ACCOUNT provided as security for <br />this loan, or any of the assessment revenues pledged to repay the loan herein, so long as any of <br />the principal and any accrued interest on this loan which remain unpaid, without the prior written <br />concurrence of the STATE. <br /> <br />9. In Event Of A Conflict. In the event of conflict between the terms of this contract and conditions <br />as set forth in any of the appendices, the provisions of this contract shall control. <br /> <br />10. Pledge Of Property. The BORROWER hereby irrevocably pledges to the STATE for purposes of <br />repayment of this loan revenues from assessments levied for that purpose as authorized by the <br />BORROWER'S resolution and all of the BORROWER'S rights to receive said assessment revenues <br />from its members (hereinafter collectively referred to as the "pledged property"), Furthermore, <br />BORROWER agrees that <br /> <br />a. Revenues For This Loan Are To Be Kept Separate. The BORROWER hereby agrees that <br />the pledged revenues shall be set aside and kept in an account separate from other <br />BORROWER revenues, and warrants that these revenues shall not be used for any other <br />purpose. <br /> <br />b. Establish Security Interest. The BORROWER agrees that, in order to provide a security <br />interest for the STATE in the pledged property so that the STATE shall have priority over all <br />other competing claims for said property, it shall execute a Security Agreement, attached <br />hereto as Appendix D and incorporated herein, and an Assignment of Deposit Account as <br />Security, attached as Appendix E and incorporated herein, prior to the disbursement of any <br />loan funds. The BORROWER acknowledges that the STATE shall perfect its security interest in <br />the BORROWER'S right to receive assessment revenues by filing a UCC-1 Form with the <br />Colorado Secretary of State. <br /> <br />c. Assessments For Repayment Of The Loan. Pursuant to its statutory authority, articles of <br />incorporation and by-laws, and as authorized by its resolution, the BORROWER shall take all <br />necessary actions consistent therewith to levy assessments sufficient to pay this loan as <br />required by the terms of this contract and the promissory note. In the event the assessments <br />levied by the BORROWER become insufficient to assure such repayment to the STATE, the <br />BORROWER shall immediately take all necessary action consistent with its statutory authority, <br />its articles of incorporation, bylaws and resolution, including, but not limited to, levying <br />additional assessments to raise sufficient revenue to assure repayment of the loan to the <br />STATE. <br /> <br />d. Assessments For Operations, Maintenance And Reserves. Pursuant to its statutory <br />authority, articles of incorporation, bylaws, and resolutions, the BORROWER shall levy <br />assessments from time to time as necessary to provide sufficient funds for adequate <br />operation and maintenance, emergency repair services, obsolescence reserves and debt <br />service reserves. BORROWER shall deposit an amount equal to one-tenth of an annual <br />payment into its debt service reserve fund on an annual basis for the first ten years of this <br />loan. <br /> <br />River Oaks On The Roaring Fork <br />Property Owners Association, Inc, <br /> <br />Page 4 of 11 <br /> <br />Loan Contract <br />