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PROJC00763
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PROJC00763
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Last modified
11/19/2009 11:17:52 AM
Creation date
10/6/2006 12:13:17 AM
Metadata
Fields
Template:
Loan Projects
Contract/PO #
C153747
Contractor Name
Consolidated Extension Canal Company
Contract Type
Loan
Water District
67
County
Bent
Bill Number
EIA
Loan Projects - Doc Type
Contract Documents
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<br />SECURITY AGREEMENT <br /> <br />DEBTOR: <br /> <br />The Consolidated Extension Canal Company <br />c/o Public Service Company of Colorado <br />attn: Don Halffield or Virginia Trujillo <br />550 15th Street, Suite 900 <br />Denver, CO 80202-4256 <br /> <br />FED TAX ID # 84-0176965 <br /> <br />SECURED PARTY: <br /> <br />STATE OF COLORADO for the use and benefit of the <br />Department of Natural Resources, Col.orado Water Conservation <br />1313 Sherman Street, Room 721 <br />Denver, CO 80203 <br /> <br />COLLATERAL CLASSIFICATION: CONTRACT RIGHTS & OTHER <br /> <br />DEBTOR, for consideration, hereby grants to SECURED PARTY a security interest in the following property and any and <br />all additions, accessions and substitutions thereto or therefor, hereinafter called the COUA TERAL: All revenues <br />derived from special stockholder assessments, as described in Pledge of Revenues Provisions in Contract <br />#C153747. <br /> <br />To secure payment of the indebtedness evidenced by certain Promissory Note Provisions of Loan Contract <br />#C153747 ("COmRAC1") between !tie above named parties herewith, payable to the SECURED PARTY, or order, as <br />follows: $300,000 in accordance with the terms specified in the Promissory Note Provisions of said Contract, or until <br />all principal and interest are paid in full. <br /> <br />DEBTOR EXPRESSLY WARRANTS AND COVENANTS: <br /> <br />1. That except for the security interest granted hereby DEBTOR is, or to the extent that this agreement states that the <br />COUATERAL is to be acquired after the date hereof, will be, the owner of the COUATERAL free from any adverse <br />lien, security interest or encumbrances; and that DEBTOR will defend the COUA TERAL against all claims and <br />demands of all persons at anytime claiming the same or any interest therein. <br /> <br />2. That the execution and delivery of this agreement by DEBTOR will not violate any law or agreement governing <br />DEBTOR or to which DEBTOR is a party. <br /> <br />3. That, if DEBTOR is a corporation, its certificate and articles of incorporation and by-laws do not prohibit any term or <br />condition of this agreement. <br /> <br />4. That by its acceptance of the loan money pursuant to the terms of the CONTRACT and by its representations <br />herein, DEBTOR shall be estopped from asserting for any reason that it is not authorized to grant a security <br />interest in the COLLATERAL pursuant to the terms of this agreement. <br /> <br />5. To pay all taxes and assessments of every nature which may be levied or assessed against the COLLATERAL. <br /> <br />6. To not permit or allow any adverse lien, security interest or encumbrance whatsoever upon the COLLATERAL and <br />not to permit the same to be attached or replevined. <br /> <br />7. That the DEBTOR will not use the COUATERAL in violation of any applicable statutes, regulations, ordinances, <br />articles of incorporation or by-laws. <br /> <br />UNTIL DEFAULT DEBTOR may have possession of the COLLATERAL, provided that DEBTOR keeps the <br /> <br />^ "''''''n,Hv C +.... f'nn+r,....+ :Hf'1 "0':\7/17 <br />
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