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<br />-"..., <br />, '.) <br /> <br />SECURITY AGREEMENT <br /> <br />DEBTOR: The Decker Lateral Company <br />30896 WCR 57 <br />Gill, CO 80624 <br /> <br />FEDERAL TAX NUMBER: 84-0441735 <br /> <br />COUNTY: WELD (CODE: 03) <br /> <br />SECURED PARTY: State of Colorado, Colorado Water Conservation Board <br />1313 Sherman Street, Room 721 <br />Denver, CO 80203 <br /> <br />COLLATERAL: Contract Rights (Code: 030) <br /> <br />DEBTOR, for consideration, hereby grants to SECURED PARTY a security interest in the following property <br />and any and all additions, accessions and substitutions thereto or therefor, hereinafter called the <br />COLLATERAL: All revenues derived from assessments levied to repay the indebtedness on the amount <br />loaned to DEBTOR by SECURED PARTY, and all rights of DEBTOR to receive said assessment revenues <br />from its stockholders, as described in pledge of property provisions in Loan Contract C153757. <br /> <br />To secure payment of the indebtedness evidenced by certain Promissory Note between the above <br />named parties herewith, in the amount of $100,000.00 @t an interest rate of 4.25% per annum for a tenm <br />of 30 years, payable by DEBTOR to the SECURED PARTY until all principal and interest are paid in full in <br />accordance with said Promissory Note. <br /> <br />DEBTOR EXPRESSLY WARRANTS AND COVENANfS: <br /> <br />1. That except for the security interest grant hereby, DEBTOR is, or to the extent that this agreement <br />states that the COLLATERAL is to be acquired after the date hereof, will be, the owner of the <br />COLLATERAL free from any adverse lien, security intsrest or encumbrances. <br /> <br />2. That the execution and delivery of this agreement Dy DEBTOR will not violate any law or agreement <br />governing DEBTOR or to which DEBTOR is a party. <br /> <br />3. That, if DEBTOR is a corporation, its certificate and articles of incorporation and by-laws do not <br />prohibit any tenm or condition of this agreernent., <br /> <br />4. That by its acceptance of the loan money pursuant to the tenms of the CONTRACT and by its <br />representations herein, DEBTOR shall be estopped frorn asserting for any reason that it is not <br />authorized to grant a security interest in the COLLATE'RAL pursuant to the tenms of this ag!eef1ienl:."' "':, <br />" ;. '.. .~.',', '. - - <br />5. To pay all taxes and assessments of every nature which may be levied or assessed'.against the, . <br />COLLATERAL. <br /> <br />6. To not penmit or allow any adverse lien, security interest or encumbrance whatsc;>ever UPOI1, the _ <br />COLLATERAL and not to penmit the same to be attached or replevined. .' '. '. . c '. <br />',"- ~ ' - . <br /> <br />7. That the DEBTOR will not use the COLLATERAL in violation of any applicable statutes; regulations, <br />ordinances, articles of incorporation or by-laws. . . " . ,l <br />. ~- ' <br /> <br />UNLESS IT DEFAULTS DEBTOR may have possession of the COLLATERAL, provided that DEBTOR <br />keeps all revenues derived from stockholdership assessments in the arnount of the annual loan <br />payments due under the contract, as amended, in an account separate frorn other revenues of DEBTOR <br /> <br />Appendix 5 to Loan Contract C153757 <br />