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<br />. . <br />PROMlSSOR)( NOTE <br /> <br />Principal Amount: <br />Term: <br />Loan Contract: <br /> <br />$504,000 <br />30 Years <br />#C153773 <br /> <br />Interest Rate: <br />Loan Payment <br />Date: <br /> <br />5% <br />$32,785.92 <br />~-0 <br /> <br />,1997 <br /> <br />1. fOR VALUE RECEIY'ED, the Town of Morrison ("BORROWER") promises to pay the State of Colorado <br />Water Conservation Board ("STATE"), the principal sum of $504,000 with annual payments of $32,785.92 <br />based on the interest rate of 5% per annum on the outstanding principal balance for a term of 30 years, <br />or until paid in full, pursuant to Loan Contract #C153773 ("LOAN CONTRACT"). <br /> <br />2. The first installment shall be due one year from the date the STATE determines that the PROJECT <br />described in the LOAN CONTRACT has been substantially completed, and annually thereafter until the <br />entire principal sum and any accrued interest shall have been paid in full. <br /> <br />3. All payments received shall be applied first to accrued interest and then to the retirement of the principal. <br />Payments shall be made payable to the Colorado Water Conservation Board and mailed to 1313 <br />Sherman Street, Room 721, Denver, Colorado 80203. <br /> <br />4. This Note may be prepaid in whole or in part at any time without premium or penalty, with prepayments <br />applied first to any accrued interest and then to reduce the principal amount. Any partial prepayment <br />shall not postpone the due date of any subsequent payments or change the amount of such payments. <br /> <br />5. This Note is issued pursuant to the LOAN CONTRACT between the STATE and the BORROWER. The LOAN <br />CONTRACT creates security interests in favor of the STATE to secure the prompt payment of all amounts <br />which may become due hereunder. The security interests, evidenced by a Security Agreement and a <br />Deed of Trust, cover certain revenues, accounts and other property of the BORROWER. The LOAN <br />CONTRACT, Security Agreement and Deed of Trust grant additional rights to the STATE, including the right <br />to accelerate the maturity of this Note in certain events. <br /> <br />6. If any payment of principal or interest is not paid promptly when due or any default under the LOAN <br />CONTRACT or the Security Agreement or Deed of Trust securing this Note occurs, the STATE may declare <br />the entire outstanding principal balance of the Note, and all accrued interest, immediately due and <br />payable, without notice or demand, and the indebtedness shall bear interest at the rate of 7% per annum <br />from the date of default. ' <br /> <br />7. The BORROWER, any guarantor, and any other person who is now or may hereafter become primarily or <br />secondarily liable for the payment of this Note or any portion thereof hereby agree that if this Note or <br />interest thereon is not paid when due or suit is brought, then it shall pay all reasonable costs of collection, <br />including reasonable attorney fees. In the event of any bankruptcy or similar proceedings, costs of <br />collection shall include all costs and attorney fees incurred in connection with such proceedings, including <br />the fees of counsel for attendance at meetings of creditors' committees or other committees. <br /> <br />8. This Note shall be governed in all respects by the laws of the State of Colorado. <br /> <br />A <br /> <br /> <br />By <br /> <br /> <br />Town AdministratorrrownC erk <br /> <br />Appendix 2 to Loan Contract #C153773 <br />