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<br />".-., <br /> <br />0''1 <br /> <br />'. <br /> <br />6. The rights and remedies of the Lender stated in this Assignment are in addition to any <br />other rights the Lender may have under the Loan Contract or any law. <br /> <br />7. This Assignment shall be binding upon Owner and its successors, assigns, trustees, and <br />receivers. <br /> <br />8. This Assignment shall be construed in accordance with the laws of the State of Colorado. <br /> <br />9. The Owner and Lender specifically request the Bank to honor and accept this Assignment <br />and its terms. <br /> <br />Executed this II day of ft1 try <br /> <br />1999. <br /> <br />SEAL <br /> <br />The Durkee Ditch Company, Inc., <br />a Colorado nonprofit corporation <br /> <br />By ~-1/cI ~~ <br />Fred Burritt, President <br /> <br />ATTEST: <br /> <br />By <br /> <br />~AIv~ <br /> <br />Jlm Hulteen, Corporate Secretary <br /> <br />ACKNOWLEDGMENT By BANK <br /> <br />COMMUNITY FIRST NATIONAL BANK of Delta, Colorado ("Bank") has received a copy of the <br />foregoing Assignment, and agrees that, upon notice from the Colorado Water Conservation <br />Board. ("Secured Party") that The Durkee Ditch Company, Inc. ("Debtor") is in default under <br />its Loan Contract with the CWCB and that the CWCB is exercising its right under the <br />Assignment to withdraw funds contained in the Certificate of Deposit, the Bank shall pay <br />such funds directly to the CWCB until advised otherwise. The Bank acknowledges that the <br />Certificate of Deposit account is a special deposit and that the funds deposited therein are to <br />be used solely to secure Debtor's loan from Secured Party, and waives any right of setoff it <br />may have in and to the Certificate of Deposit Account. <br />Community First National Bank of Delta <br /> <br />By M . PresideDt <br />Print Namefritle ~ Tr . 4/~ ~Ie,ff <br />Date ...s--/ /-- ;;9 <br /> <br />Attest <br /> <br />By r~,,\J~ <br />