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<br />., <br />'. <br /> <br />AMENDED SECURITY AGREEMENT <br /> <br />DEBTOR: Leroux Creek Water Users' Association <br />1165 3100 Road <br />Hotchkiss CO 81419 <br /> <br />84-6038426 <br /> <br />DELTA (CODE: 18) <br /> <br />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 <br />property and any and all additions, accessions and substitutions thereto or therefor, hereinafter <br />called the COLLATERAL: All revenues derived from assessments on stock and all of DEBTOR'S right <br />to received said assessment revenues to repay the indebtedness on the amount loaned to debtor <br />by secured party, as described in Pledge of Property provisions in Contract No. C150008, as <br />amended (CONTRACT). <br />To secure payment of the indebtedness evidenced by certain Promissory Note Provisions of <br />CONTRACT between the abo'le named parties herewith, payabie to the SECURED PARTY, the loan <br />amount of $1 ,450,000 for a period of 30 years in accordance with said Promissory Note or until all <br />principal and interest are paid in full. The parties amend this security agreement to secure the <br />additional loan amount of $200,000 for a total loan amount of $1,450,000.. <br />DEBTOR EXPRESSLY WARRANTS AND COVENANTS: <br />1. That except for the security interest granted hereby, DEBTOR is, or to the extent that this <br />agreement states that the COLLATERAL is to be acquired after the date hereof, will be, the <br />owner of the COLLATERAL free from any adverse lien, security interest or encumbrances: and <br />that DEBTOR will defend the COLLATERAL against all claims and demands of all persons at <br />anytime claiming the same or any interest therein. <br />2. That the execution and delivery of this agreement by DEBTOR will not violate any law or <br />agreement governing DEBTOR or to which DEBTOR is a party. <br />3. That, if DEBTOR is a corporation, its certificate and articles of incorporation and by-laws do not <br />prohibit any term or condition of this agreement. <br />4. That by its acceptance of the loan money pursuant to the terms of the CONTRACT and by its <br />representations herein, DEBTOR shall be estopped from asserting for any reason that it is not <br />authorized to grant a security interest in the COLLATERAL pursuant to the terms of this <br />agreement. <br />5. To pay all taxes and assessments of every nature which may be levied or assessed against <br />the COLLATERAL. <br />6. To not permit or allow any adverse lien, security interest or encumbrance whatsoever upon <br />the COLLATERAL and not to permit the same to be attached or replevined. . <br />7. That the DEBTOR will not use the COLLATERAL in violation of any applicable statutes, <br />regulations, ordinances, articles of incorporation or by-laws. <br />UNTIL DEFAUL., DcoTOR may have possession of the COLLATERAL, provided that <br />DEBTOR keeps the COLLATERAL in an account separate from other revenues of DEBTOR and does <br /> <br />FEDERAL TAX NUMBER: <br />COUNTY: <br />SECURED PARTY: <br /> <br />Attachment 4 to Loan Contract C150008 Amendment No.1 <br />