Laserfiche WebLink
<br />, ..~" <br />, ,; <br /> <br />, I <br />,. , <br /> <br />ASSIGNMENT OF CERTIFICATE OF DEPOSIT <br /> <br />In consideration of and as security for reimbursement for monies owing under a loan ("Loan") <br />from the Colorado Water Conservation Board ("Lender") to the Woodchuck Ditch Company <br />("Owner") pursuant to Contract Encumbrance Number C150041, ("Loan Contract"), Owner <br />hereby assigns to the Lender Certificate of Deposit No, 0449359223 in the amount of <br />$2,878.48 ("Collateral") issued by Wells Fargo Bank West, N. A. ("Bank"). Owner <br />warrants that said Certificate of Deposit Account has been established as a special deposit with <br />the funds deposited therein to be used solely to secure repayment of the Loan to Lender. <br /> <br />The Collateral secures the payment and performance of all of Owner's present and future, <br />direct or indirect, absolute and contingent, express and implied, indebtedness, liabilities, <br />obligations and covenants (cumulatively "Obligations") by Lender pursuant to the Loan <br />Contract described above and any amendments thereto. This Assignment is made solely to <br />secure performance of the Obligations and is made subject to the following terms, covenants <br />and conditions: <br /> <br />1, Owner shall deliver the original Certificate of Deposit to Lender upon the execution of this <br />Assignment. This Assignment shall continue until Lender specifically terminates the <br />security interest in the Collateral in a writing signed by Lender. <br /> <br />2. Lender shall be entitled to notify the Bank to pay Lender any monies owing Owner under <br />the Certificate of Deposit in the event of a default under the Obligations. The Lender shall <br />apply such monies first to costs associated with collection, including reasonable attorney's <br />fees, next to outstanding interest, and then to the principal sum of the Loan. In the event <br />that Owner possesses or receives possession of any instruments or other remittances with <br />respect to the Certificate of Deposit following the giving of such notification, Owner shall <br />hold such instruments and other remittances in trust for Lender apart from Owner's other <br />property, endorse the instruments and other remittances to Lender, and immediately <br />provide Lender with possession of the instruments and other remittances. <br /> <br />3. The Owner shall be in default under this Assignment upon the occurrence of any of the <br />following events or conditions: (a) failure or omission to make any payment under the Loan <br />Contract when due; (b) default in the payment or performance of any obligation, covenant, <br />agreement or liability contained or referred to in the Loan Contract; (c) the making of any <br />levy, seizure, or attachment on the Collateral; (d) the Owner becoming insolvent or unable <br />to pay debts as they mature. The Lender shall give the Owner written notice of any <br />alleged default and an opportunity to cure within thirty (30) days of receipt of such notice <br />before the BORROWER shall be considered in default for purposes of this Assignment <br /> <br />4, Owner hereby appoints Lender as its attorney-in-fact to endorse Owner's name on all <br />instruments and other remittances payable to Owner with respect to the Certificate of <br />Deposit This power of attorney is coupled with an interest and is irrevocable, <br /> <br />5. The modification or waiver of any of Owner's obligations or Lender's rights under this <br />Assignment must be contained in a writing signed by Lender. A waiver on one occasion <br />shall not constitute a waiver on any other occasion. <br /> <br />Appendix 3 to Loan Contract C150041 <br />