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<br />/' " <br />",". <br /> <br />.(.''::\ <br />, r,) <br /> <br />6. The rights and remedies of the Lender stated in this Assignment are in addition to any <br />other rights the Lender may have under the Loan Contract or any law. <br /> <br />7. This Assignment shall be binding upon Owner and its successors, assigns, trustees, and <br />receivers. <br /> <br />8. This Assignment shall be construed in accordance with the laws of the State of Colorado. <br /> <br />9. The Owner and Lender specifically request the Bank to honor and accept this Assignment <br />and its terms. <br /> <br />Executed this /'7 day of AlOc/t'n?~ A?.- 1997. <br /> <br />(SEAL) <br /> <br />The Decker Lateral Company, <br />a Colorado n np fi r. oration <br /> <br />By <br /> <br /> <br /> <br />ACKNOWLEDGMENT BY THE BANK <br /> <br />By its officer's signature, the Eaton Bank, Eaton, Colorado ("Bank") acknowledges that it has <br />received a copy of the foregoing Assignment, and agrees that, upon notice from the Colorado <br />Water Conservation Board ("Secured Party") that The Decker Lateral Company ("Debtor") is <br />in default under its Loan Contract with the CWCB and that the CWCB is exercising its right <br />under the Assignment to withdraw funds cont@ined in the Certificate of Deposit, the Bank shall <br />pay such funds directly to the CWCB until advised otherwise. The Bank acknowledges that <br />the Certificate of Deposit account is a special deposit and that the funds deposited therein are <br />to be used solely to secure Debtor's loan from Secured Party, and waives any right of setoff it <br />may have in and to the Certificate of Deposit Account. <br /> <br />ATTEST: <br /> <br />By9cuA~ >n ~~ <br /> <br />My Comml8SlOnExpjres May 21, 1998 <br /> <br />Eatoo B'~k. Ea<oo. CdOC'd~ <br /> <br />~~~~-:~ (fiE '- !~tJlK'J <br />Date / I ~ I 7 - r 7 <br /> <br />Appendix 5 to Loan Contract C153757 <br />