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<br />"*'" <br />,.. <br /> <br />5. The modification or waiver of any of Owner's obligations or Lender's rights under this <br />Assigrunent must be contained in a writing signed by Lender. A waiver on one occasion <br />shall not constitute a waiver on any other occasion. <br /> <br />6. The rights and re::uedies of the Lender ;Med in this Assignment are in addition to <br />any other rights the Lender !Clay have under the Loan Contract/Promissory Note or any law. <br /> <br />7. This Assignment shall be binding upon Owner 1Hld its successors, assigns, trustees, and <br />recei vers. <br /> <br />8. This Assigrunent Shall be construed in accordance with the laws of the State of <br />Colorado. <br /> <br />9. The Owner and Lender speciticaUyrequest the First National Bank of Johnstown to <br />honor and accept this Assignment and its tenns. <br /> <br />Executed this ::l1.. day of .A~ ~ ' 1996. <br /> <br />TOWN OF JOHNSTOWN WATER <br />ACTIVITY ENTERPRISE <br /> <br />TOWN OF JOHNSTOWN <br /> <br />/~I~~-rY)"'h~ <br />;)~.~~..,~p' _~~<f.. <br />j' ~"'. ~...". '.' <br />.'~" ~'..,,~:-~., ..... <br />,':t: ~ .'-" . > <br />, ..... j :'. <br />:. ~\.,.,jk;'~'<~' ..... <br />. </ ''Iii .' <br />-' ~ ...... . . <br />\ , . ~. . <br /> <br /> <br />By '7;tmAA-67 </J 1/1 1~ <br /> <br />'J' l'- ;', '" , ~ " <br />:J .......... ;< <br />"0" .. . , <br />ATTEST:" ......t..,. ..... <br />By ~~ {j'~~S::~ <br /> <br />;. ' , <br />/". "eo . <br />.P,...... ~ .\ <br />G-' '. " <br />BY FIRST NATIONAL BANK OF JOHNSTOWN <br /> <br />ACKNOWLEDGEMENT <br /> <br />The First National Bank of Johnstown ("Bank") has received a copy of the foregoing <br />Assignment, and agrees that, upon notice from the Colorado Water Conservation Board <br />("CWCB") that the Town of Johnstown, acting by and through the Town of Johnstown <br />Water Activity Emerprise, is in default under its Loan Contract/Promissory Note with the <br />CWCB and that the CWCB is exercising its right under the Assignment to withdraw up to <br />$147,033.03 of the funds contained in the Certificate of Deposit, the Bank shall pay such <br />funds directly to the CWCB until advised otherwise. <br /> <br />Date: If/;;/ tJ? <br /> <br /> <br />President <br />