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PROJC00667
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PROJC00667
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Last modified
11/19/2009 11:10:44 AM
Creation date
10/6/2006 12:12:14 AM
Metadata
Fields
Template:
Loan Projects
Contract/PO #
C153669
Contractor Name
Windsor Reservoir and Canal Company
Contract Type
Loan
Water District
3
County
Larimer
Bill Number
EIA
Loan Projects - Doc Type
Contract Documents
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<br />LOAII CONTRACT <br />Yindsor Reservoir and Canal Co. <br />EJnergen<:y Loan <br /> <br />~--_._----------------------------- <br /> <br />as may be necessary to cure the cause of default; (c) take possession of the project, <br />repair, maintain, and operate or lease it; (d) act upon the security (described in <br />Exhibit C); (e) take action to enforce paragraphs A.6 and A.8. ; and/or (f) take any <br />other appropriate legal action. All remedies described herein may be simultaneously or <br />selectively and successively enforced. The provisions of this contract may be enforced <br />by the State at its option without regard to prior waivers by it of previous defaults by <br />the Borrower, through judicial proceedings to require specific performance of this <br />contract, or by such other proceedings in law or equity as may be deemed necessary by <br />the State to ensure compliance with provisions of this contract and the laws and <br />regulations under which this contract is entered into. <br /> <br />7c. (Borrower to Levy Additional Assessments if Needed to Repay the State): <br />The Borrower warrants that in the event of a default by the Borrower in the repayment <br />to the State, and upon written notice thereof from the State., the Borrower shall, <br />pursuant to its By-laws, immediately take all necessary actions to levy an additional <br />assessment and to pledge additional revenues in a sufficient amount and in a timely <br />manner to cure the default and to repay the State as required by the contract. Such <br />additional revenues shall be deemed covered by the existing security interest. <br /> <br />7d. (State will Execute Release after Loan is Repaid): Upon completion of <br />repayment to the State of the entire principal and any accrued interest, as specified in <br />the Promissory Note of this contract, the State agrees to execute a release of deed of <br />trust to convey to the Borrower all of the State's right, title, and interest in and to the <br />project and any other property described in Exhibit C. <br /> <br />7e. (This Contract Controls, if there is a Conflict): In the event of conflict <br />between the terms and conditions as set forth in this paragraph 7 (DEED OF TRUST <br />PROVISIONS), and Exhibit C (The actual Deed of Trust) , provisions of this contract <br />shall control. <br /> <br />------------------------------------------------------------------------------------------------------------------ <br /> <br />8. (Levy assessments for repayment of the loan): Pursuant to its Articles of <br />Incorporation and to its By-laws, take all necessary actions consistent therewith to levy <br />assessments to raise sufficient funds to pay this contract loan debt in a timely manner <br />and as required by the terms and conditions herein to assure repayment of the project <br />loan to the State. In the event that the assessment(s) levied by the Borrower, or the <br />revenues resulting therefrom, are or become insufficient to assure repayment to the <br />State as required by the terms and conditions herein, then the Borrower, upon written <br />notice thereof from the State, shall immediately take all necessary action consistent <br />with its By-laws, including but not limited to additional assessments, to raise sufficient <br />revenue to assure repayment of the project loan to the State. <br /> <br />Page 2 of 11 Pages <br />
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