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<br />'. <br /> <br />,..~,\ <br />I <br /> <br />PROMISSORY NOTE <br /> <br />Date: October 1, 1999 <br /> <br />1. For value received, the Town of Johnstown Water Activity Enterprise ("BORROWER") <br />promises to pay the State of Colorado Water Conservation Board ("STATE"), the <br />principal sum of One Million Nine Hundred Forty-Eight Thousand Nine Hundred Thirty- <br />Two and 60/100 Dollars ($1,948,932.60) plus interest at the rate of four percent (4%) <br />per annum for a term of thirty (30) years, pursuant to Loan Contract No, C153719, as <br />amended ("LOAN CONTRACT''). <br /> <br />2. The first payment of One Hundred Twelve Thousand Seven Hundred and Six and <br />97/100 Dollars ($112,706.97) shall be due on June 30, 2000, and annually thereafter <br />until the entire principal sum, all accrued interest, and all late charges, if any, shall have <br />been paid in full. <br /> <br />3. Payments shall be made payable to the Colorado Water Conservation Board and <br />mailed to 1313 Sherman Street, Room 721, Denver, Colorado 80203. <br /> <br />4. If the STATE does not receive the annual payment within 15 calendar days of the due <br />date, the State may impose a late charge in the amount of 5% of the annual payment. <br /> <br />5, This Note may be prepaid in whole or in part at any time without premium or penalty, <br />Any partial prepayment shall not postpone the due date of any subsequent payments <br />or change the amount of such payments. <br /> <br />6. All payments received shall be applied first to late charges, if any, next to accrued <br />interest and then to reduce the principal amount. <br /> <br />7. This Note is issued pursuant to the LOAN CONTRACT between the STATE and the <br />BORROWER, The LOAN CONTRACT creates security interests in favor of the STATE to <br />secure the prompt payment of all amounts that may become due hereunder. The <br />security interests, evidenced by a Security Agreement and Assignment of Certificate of <br />Deposit, cover certain revenues and accounts of the BORROWER, The LOAN CONTRACT, <br />Security Agreement and Assignment grant additional rights to the STATE, including the <br />right to accelerate the maturity of this Note in certain events. <br /> <br />8, If any annual payment is not paid when due or any default under the LOAN CONTRACT or <br />the Security Agreement or Assignment securing this Note occurs, the STATE may <br />declare the entire outstanding principal balance of the Note, all accrued interest, and <br />any outstanding late charges immediately due and payable, and the indebtedness shall <br />bear interest at the rate of 7% per annum from the date of default. The STATE shall give <br />the BORROWER written notice of any alleged default and an opportunity to cure within <br />thirty (30) days of receipt of such notice before the BORROWER shall be considered in <br />default for purposes of this Promissory Note, <br /> <br />Exhibit A to Loan Contract C153719 Amendment No.1 <br />