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<br />5. Promptly to notifY Secured Party of any change i~ the location of the Collateral.
<br />
<br />6. To pay aJl1aXes and assessments of every nature which may be levied or.assessed against the Collateral.
<br />
<br />7. Not to permit or allow any adverse lien, security interest or encumbrance whatsoever upon the Collateral and not to
<br />permit the same [0 be <luached or replevined.
<br />
<br />8. That the Collateral is in good condition, and that he will, at his own expense, keep the same in good condition and
<br />from time to time, forthwith, replace and repair all such parts of the Collateral as may be broken, worn out, or damaged without
<br />allowing any lien to be created upon the Collateral on account of such replacement or repairs, and that the Secured Party may
<br />examine and inspect the Collateral at any time, wherever located.
<br />
<br />9. That he will not use the Collateral in violation of any applicable statutes, regulations or ordinances.
<br />
<br />10. The Debtor will keep the Collateral at all times insured against risks of loss or damage by fire (including so-
<br />called extended coverage), theft a~d such other casualties as the Secured Party may reasonably require, including collision
<br />in the case of any motor vehicle, all in such amounts, under such forms of policies, upon such terms, for such periods, and
<br />written by such companies or underwriters as the Secured Party may approve, losses in all cases to be payable to the
<br />Secured Party and the Debtor as their interest may appear. All policies of insurance shall provide for at least ten days' prior
<br />written notice of cancellation to the Secured Party; and the Debtor shall furnish the Secured Party with certificates of such
<br />insurance or other evidence satisfactory to the Secured PartY as to compliance with the provisions of this paragraph. The
<br />Secured Party may act as attorney for the Debtor in making. adjusting and settling claims under or cancelling such
<br />insurance and endorsing the Debtor's name on any drafts drawn by insurers of the Collateral.
<br />
<br />UNTIL DEFAULT Debtor may have possession of the Collateral and use it in any lawful mllllIler, and upon default
<br />Secured Party shall haVe the immediate right to the possession of the Collateral.
<br />,
<br />
<br />DEBTOR SHALL BE IN DEFAULT under this agre:ement upon the happening of any of the following events or
<br />conditions:
<br />
<br />(a) default in tile payment or perfmmance of any obligation, covenant or liability contained or referred to herein or in any
<br />note evidencing the saJIle;
<br />
<br />(b) the makin~ or furnishing of any warranty, represer'tation or statement to Secured Party by or on behalf of Debtor
<br />which proves to have been false in any material respect when ,nade or furnished;
<br />
<br />(c) loss, theft, damage, destruction, saleorencumbranc:e to or of any of the Collateral, or the making of any levy seizure
<br />or attachment thereof or thereon;
<br />
<br />(d) death, dissolution, tennination or existence, insolvency, business failure, appointment of a receiver of any part of the
<br />property of, assignment for the benefit of creditors by, or the commencement of any proceeding under any bankruptcy or
<br />insolvency laws of, by or against Debtor or any guarantor or s"rety for Debtor.
<br />
<br />UPON-SUCH DEFAULT and at any time thereafter, or if it deems itself insecure, Secured Party may declare all
<br />Obligations secured hereby immediately due and payable and shall have the remedies of a secured patty under Article 9 of the
<br />Colorado Unifonn Cmnmercial Code. Secured Patty may req"ire Debtor to assemble the Collateral and deliver or make it
<br />available to Secured Party at a place to be designated by Secured fatty which is reasonably convenient to bOth parties. Expenses of
<br />retaking, holding, preparing for sale, selling or the like shall include Secured Party's reasonable attorney's fees and legal
<br />expenses.
<br />
<br />No waiver by Secured Patty of any default shall operate lIS a waiver of any other default or of the same default on a future
<br />occasion. The taking of this security agreement shall not waive or impair any other security said Secured Party may have or
<br />hereafter acquire for the payment of the above indebtedness, nor shall the taking of any such additional security waive or impair
<br />this security agreement; but said Secured Party may resort to any security it may have in the order it may deem proper, and
<br />notwithstanding any collateral security, Secured Patty shall retain its rights of set-off against Debtor.
<br />
<br />All rights of Secured Party hereunder shall inure to the benefit of its successors and assigns; and all promises and duties of
<br />Debtor shall bind his heirs, executors or administrators or his or its successors or assigns. If there be more than one Debtor, their
<br />liabilities hereunder shall be joint and several.
<br />
<br />Date this
<br />
<br />8th
<br />
<br />day of
<br />
<br />March
<br />
<br />.19 94
<br />
<br />Debtor:
<br />
<br />~~;.~
<br />
<br />The Windsor Reservoir and Canal Co.
<br />
<br />,
<br />'Ifllli~ SL'I;Unl)' Agn:cmenl IS illlenUe(fIO.....
<br />
<br />
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<br />
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