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PROJC00871
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Last modified
11/19/2009 11:17:53 AM
Creation date
10/6/2006 12:14:52 AM
Metadata
Fields
Template:
Loan Projects
Contract/PO #
C153800
Contractor Name
Arkansas Groundwater Users Association
Contract Type
Loan
Water District
14
County
Pueblo
Bill Number
ARA
Loan Projects - Doc Type
Contract Documents
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<br />SECURITY AGREEMENT <br /> <br />DEBTOR: Arkansas Groundwater Users Association <br />100 West First <br />Manzanola, CO 81058 <br /> <br />FEDERAL TAX NUMBER: 84-1268595 <br /> <br />COUNTY: OTERO (CODE: 09 ) <br /> <br />SECURED PARTY: State Of Colorado Colorado Water Conservation Board <br />1313 Sherman Street, Room 721 <br />Denver, CO 80203 <br /> <br />COLLATERAL: Contract Rights (Code: 030) <br /> <br />DEBTOR, for consideration, hereby grants to SECURED PARTY a security interest in the following property and <br />any and all additions, accessions and substitutions thereto or therefor, hereinafter called the COLLATERAL: All <br />revenues derived from membership dues and from ilssessments levied to repay the indebtedness on the <br />amount loaned to DEBTOR by SECURED PARTY, and all rights of DEBTOR to receive said dues and assessment <br />revenues from its members, as described in pledge of property provisions in Loan Contract #C153800. <br /> <br />To secure payment of the indebtedness evidenced by certain Promissory Note between the above named <br />parties herewith, in the amount of $25,000.00 at an interest rate of 4% per annum for a tenn of 10 years, <br />payable by DEBTOR to the SECURED PARTY until all principal and interest are paid in full in accordance with <br />said Promissory Note. <br /> <br />DEBTOR EXPRESSLY WARRANTS AND COVENANTS: <br /> <br />1. That except for the security interest grant hereby, DEBTOR is, or to the extent that this agreement states <br />that the COLLATERAL is to be acquired after the date hereof, will be, the owner of the COLLATERAL free <br />from any adverse lien, security interest or encumbrances. <br /> <br />2. That the execution and delivery of this agreement by DEBTOR will not violate any law or agreement <br />governing 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 <br />any tenn or condition of this agreement. <br /> <br />4. That by its acceptance of the loan money pursuant to the tenns of the CONTRACT and by its <br />representations herein, DEBTOR shall be estopped from asserting for any reason that it is not authorized <br />to grant a security 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 <br />COLLATERAL. <br /> <br />6. To not pennit or allow any adverse lien, security interest or encumbrance whatsoever upon the <br />COLLATERAL and not to pennit the same to be attached or replevined. <br /> <br />7. That the DEBTOR will not use the COLLATERAL in violation of any applicable statutes, regulations, <br />ordinances, articles of incorporation or by-laws. <br /> <br />UNLESS IT DEFAULTS DEBTOR may have possession of the COLLATERAL, provided that DEBTOR keeps <br />all revenues derived from membership assessments in the amount of the annual loan payments due under <br />the contract, as amended, in an account separate from other revenues of DEBTOR and does not use said <br />revenues. for any purpose not permitted by the CONTAACT. If DEBTOR defaults, SECURED PARTY shall have <br /> <br />APPENDIX F TO LOAN CONTRACT C153800 <br />
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