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<br />purpose of repaying its obligations under this contract pursuant to n-42-1 04(2), CRS (1986). <br />In addition, in the event the assessments levied by the BORROWER become insufficient to <br />assure repayment to the STATE as required by the terms and conditions of this contract, then <br />the BORROWER shall immediately take all necessary action consistent with its statutory <br />authority, its articles of incorporation, by-laws and resolutions, including but not limited to, <br />levying additional assessments to raise sufficient revenue to assure repayment of the loan to <br />the STATE. <br /> <br />d. Assessments for operations, maintenance and reserves. The BORROWER shall, pursuant <br />to its statutory authority, articles of incorporation, by-laws, and resolutions, levy assessments <br />from time to time as necessary to provide sufficient funds for adequate operation and <br />maintenance, emergency repair services, obsolescence reserves and debt reserves. BORROWER <br />shall deposit an amount equal to one-tenth of an annual payment into its reserve debt service <br />fund on an annual basis for the first ten years of this loan. <br /> <br />16. Progress reports. The BORROWER shall, with the assistance of the CONSULTANT, prepare a <br />periodic progress report which contains a statement of the PROJECT construction costs expended for <br />that period and shall forward said statement to the STATE. <br /> <br />17. Periodic inspections. Throughout the term of this contract, the BORROWER shall permit a <br />designated representative of the STATE to make periodic inspections ofthe PROJECT. Such inspections <br />are solely for the purpose of verifying compliance with the terms and conditions of this contract. <br />Furthermore, such inspections shall cover the condition of the PROJECT, operating records, <br />maintenance records, and financial records, and shall not be construed nor interpreted as an approval <br />of the actual design and/or construction of any element of the PROJECT facilities. <br /> <br />18. Adhere to applicable laws. The BORROWER shall strictly adhere to all applicable federal, state, <br />and local laws and regulations that are in effect or may hereafter be established throughout the term <br />of this contract. <br /> <br />19. No discrimination of services. The services of said PROJECT shall be made available within <br />its capacity and in accordance with all pertinent statutes, rules and regulations, and operational <br />guidelines to all persons in the BORROWER'S service area without discrimination as to race, color, <br />religion, or national origin at reasonable charges (including assessments or fees). whether for one or <br />more classes of service, in accordance with a schedule of such charges formally adopted by the <br />BORROWER, as may be modified from time to time. <br /> <br />B. The STATE agrees as follows: <br /> <br />1. Agreement to loan money. The STATE agrees to loan to the BORROWER an amount not to <br />exceed that specified in the Promissory Note Provisions of this contract. <br /> <br />2. Disbursements. After receipt of the perjodic progress report from the BORROWER, and review <br />and acceptance of the items therein as eligible expenses as described below, the STATE will pay to <br />the BORROWER the amount set forth in the report or such portion that has been approved by the <br />STATE. Such payment shall be made within thirty (30) days from the STATE'S approval of each <br />progress report. <br /> <br />3. Release after loan is repaid. Upon complete repayment to the STATE of the entire principal and <br />any accrued interest as specified in the promissory note provisions of this contract, the STATE agrees <br />to execute a release of deed of trust to convey to the' BORROWER all of the STATE'S right, title, and <br />interest in and to the property described in Appendix B, and to execute a UCC-3 form to terminate <br />all of the STATE'S rights in and to the revenues pledged to repay this loan. <br />