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<br />actions necessary to guarantee such repayment as provided <br />herein including, without being limited to. the actions <br />specified in this contract. <br /> <br />L. The Contractor agrees that the specific revenues to be <br />pledged to repay the State shall include. without being limited <br />to, an assessment levied for that purpose as authorized by <br />Resolution of the Contractor. The Contractor hereby pledges <br />such assessment revenues to repay ,the State loan. warrants 'that <br />these revenues will not be used for any other purpose. and <br />agre~s to provide the State a perfected security interest in <br />the form provided by the State irrevocably pledging such <br />revenues on the date of execution of this contract. <br /> <br />M. The Contractor warrants that it has duly passed a <br />Resolution by its Board of Directors, as provided in its <br />By-Laws and Articles of Incorporation authorizing: the <br />Contractor to enter into this contract with the State to borrow <br />the principal sum of Fifty-Five Thousand Dollars ($55.000); <br />assessment(s} sufficient to pay off this contract loan pursuant <br />to its terms and to discharge this lawful indebtedness; the <br />setting aside of this assessment revenue in a special fund <br />separate and apart from other Contractor revenues to assure <br />repayment of this revenue to the State; and the signing of a <br />security interest in such assessment revenues in favor of the <br />State to secure the repayment. The Resolution of the <br />Contractor and the security interest of the Contractor are <br />conditions precedent to State performance and shall be attached <br />hereto as Exhibits A, D-1 and D-2 ana includea herein by this <br />reference. <br /> <br />N. The Contractor warrants that in the event of a default by <br />the Contractor in the repayment to the State. and upon written <br />notice thereof from the State. the Contractor shall, pursuant <br />to its By-Laws. immediately take all necessary actions to levy <br />an additional assessment and to pledge additional revenues in <br />sufficient amount and in a timely manner to cure the default <br />and to repay the State as required by the contract. Such <br />additional revenues shall be deemed covered by the existing <br />security int~rest. <br /> <br />O. The Contractor warrants that the security interest executed <br />by the Contractor in favor of the State to secure repayment of <br />this loan is a valid security interest which shall be binding <br />against the Contractor and that the Contractor has perfected <br />this security interest such that the State has priority over <br />all other competing claims for such secured revenues. <br /> <br />P. The Contractor warrants that by acceptance of the loan <br />money pursuant to the terms of this contract and by the <br />Contractor1s representation herein, the Contractor shall be <br />estopped from asserting for any reason that it is not <br />authorized or obligated to repay the loan money to the State as <br />required by this contract. <br /> <br />Q. No monies will .become available from this contract u~less <br />an equal amount is made available by the Contractor, ~s the <br />equal cost-share for the project. <br /> <br />R. All notices. correspondence, or <br />this contract shall be delivered or <br />addresses: <br /> <br />other documents required by <br />mailed to the fOllowing <br /> <br />(a) For the State: <br />Director <br />Colorado Water Conservation Board <br />721 State Centennial Building <br />1313 Sherman Street <br />Denver. CO 80203 <br />Attn: NiCk Ioannides <br /> <br />(b) For the Contractor: <br />Coon Creek Reservoir and <br />Ditch Company <br />Box 145 <br />Mesa. CO 81643 <br />Attn: Harold Harvey <br />President <br /> <br />Page ~ of 10 Pages <br />