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<br />Promissory Note <br /> <br />Date March 1, 2002 Date of Completion: September 1, 2001 <br /> <br />FOR VALUE RECEIVED, the West Rhone Lateral Ditch Company ("BORROWER") promises to <br />pay the State of Colorado Water Conservation Board ("CWCB"), the principal sum of Forty <br />Nine Thousand Five Hundred Dollars ($49,500) plus interest at the rate of 3.5% per annum for <br />a term of thirty (30) years, pursuant to Loan Contract No. C150057 dated March 1, 2001, and <br />amended March 1, 2002 ("LOAN CONTRACT"). <br /> <br />1. Principal and interest shall be payable in equal installments of $2,691.38, with the first <br />payment due and payable on September 1, 2002, and annually thereafter until all principal, <br />interest, and all late charges, if any, have been paid in full. All principal, interest, and late <br />charges, if any, then remaining unpaid shall be due and payable 30 years thereafter. <br /> <br />2. Payments shall be made payable to the Colorado Water Conservation Board and mailed to <br />1313 Sherman Street, Room 721, Denver, Colorado 80203. <br /> <br />3. If the CWCB does not receive the annual payment within 15 calendar days of the due date, <br />the CWCB may impose a late charge in the amount of 5% of the annual payment. <br /> <br />4. This Note may be prepaid in whole or in part at any time without premium or penalty. Any <br />partial prepayment shall not postpone the due date of any subsequent payments or change <br />the amount of such payments. <br /> <br />5. All payments received shall be applied first to late charges, if any, next to accrued interest <br />and then to reduce the principal amount. <br /> <br />6. This Note is issued pursuant to the LOAN CONTRACT between the CWCB and the <br />BORROWER. The LOAN CONTRACT creates security interests in favor of the CWCB to secure <br />the prompt payment of all amounts that may become due hereunder. The security <br />interests, evidenced by a Security Agreement, and an Assignment of Certificate of Deposit, <br />cover certain revenues and accounts of the BORROWER. The LOAN CONTRACT, Security <br />Agreement and the Assignment grant additional rights to the CWCB, including the right to <br />accelerate the maturity of this Note in certain events. <br /> <br />7. If any annual payment is not paid when due or any default under the LOAN CONTRACT or the <br />Security Agreement or Assignment securing this Note occurs, the CWCB may declare the <br />entire outstanding principal balance of the Note, all accrued interest, and any outstanding <br />late charges immediately due and payable, and the indebtedness shall bear interest at the <br />rate of 7% per annum from the date of default. The CWCB shall give the BORROWER <br />written notice of any alleged default and an opportunity to cure within thirty (30) days of <br />receipt of such notice before the BORROWER shall be considered in default for purposes of <br />this Promissory Note. . <br /> <br />8. The BORROWER, any guarantor, and any other person who is now or may hereafter become <br />primarily or secondarily liable for the payment of this Note or any portion thereof hereby <br />agree that if this Note or interest thereon is not paid when due or if suit is brought, then it <br />shall pay all reasonable costs of collection, including reasonable attorney fees. In the event <br />of any bankruptcy or similar proceedings, costs of collection shall include all costs and <br /> <br />Exhibit A to Contract C150057 Amendment No.1 <br />