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<br />-_.~\ <br /> <br />b, Establish security interest in the revenue~. The BORROWER agrees that, in order to provide a security <br />interest for the STATE irrevocably pledging auch revenues on the date of execution of this contract, it <br />will provide a Uniform Commercial Code Security Agreement and a Uniform Commercial Code Financing <br />Statement, both documents completed and pJoperly executed, incorporated herein as Appendices C <br />and D, respectively, No monies shall be advanced prior to BORROWER providing these forms, <br /> <br />c. Renewal of UCC agreements in fourth year. The BORROWER will. within thirty (30) days prior to the <br />end of the fourth year that this contract is in effect and every five (5) years thereafter, deliver to the <br />STATE a fully and properly executed Continu~tion Statement (Form UCC.3) of the security interest IUCC <br />Security Agreement and Financing Statement) required by this contract. <br /> <br />d. Levy charges and fees for repayment of the loan. The BORROWER shall, pursuant to its these <br />statutes, its articles of incorporation and by'laws, and as authorized by its resolution, take all <br />necessary actions consistent therewith to levy assessments sufficient enough to pay this contract loan <br />debt in a timely manner and as required by the terms and conditions herein. In the event the <br />assessements levied by the BORROWER become insufficient to assure repayment to the STATE as <br />required by the terms and conditions herein, then the BORROWER, upon written notice thereof from the <br />STATE, shall immediately take all neceSSary action consistent with the statutes, its articles of <br />incorporation. by.laws, and resolutions, including but not be limited to adjusting additional assessments <br />to raise sufficient revenue to assure repaYf11ent of the loan to the STATE. <br /> <br />e, Levy assessments for operations, maintenance, reserves, and debt reserves. The BORROWER shall, <br />pursuant to the statutes, its articles of incorporation, by-laws. and resolutions. levy assessments from <br />time to time as necessary to provide sufficient funds for adequate operation and maintenance, <br />emergency repair services, obsolescence r"serves. and debt reserves, <br /> <br />11, Progress reports. The BORROWER shall, With the assistance of the CONSULTANT. prepare a progress <br />report which contains a statement of the actual PROJECT construction costs expended for that month and shall <br />forward said statement to the STATE. <br /> <br />12. Periodic inspections. The BORROWER shall permit the STATE to make periodic inspections of its <br />operations and accounts by a designated representative of the STATE. Any such inspections by the STATE are <br />solely for the purpose of verifying compliance with the terms and conditions of the contract and shall not be <br />construed nor interpreted as an approval of the ~ctual design and/or construction of any element of the <br />PROJECT. <br /> <br />13. Adhere to applicable laws. The BORROWER ;hall strictly adhere to all applicable federal. state, and local <br />laws and regulations that have been or may hereafter be established. <br /> <br />B. The STATE agrees as follows: <br /> <br />1, Agreement to loan money. The STATE agrees to loan to the BORROWER an amount not to exceed that <br />specified in the promissory note provisions of this contract, <br /> <br />2, Disbursements. After receipt of the monthly progress report from the BORROWER, and review and <br />acceptance of the items therein as eligible expenses as described below, the STATE will pay to the BORROWER <br />the amount of the report or such portion that has been approved by the STATE. Such payment shall be made <br />within thirty (30) days from the approval of each f110nthly progress report. <br /> <br />3. Release after loan is repaid. Upon completion of repayment to the STATE of the entire principal and any <br />accrued interest as specified in the promissory note provisions of this contract, the STATE agrees to execute <br />a release of deed of trust to convey to the BORROWER all of the STATE'S right. title, and interest in and to the <br />PROJECT and any other property described in Appel1dix B. <br /> <br />MILITARY PARK RESERVOIR COMPANY <br /> <br />Page 6 of 1 1 <br /> <br />LOAN CONTRACT <br />