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PROJC01055
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PROJC01055
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Last modified
3/7/2013 2:07:20 PM
Creation date
10/6/2006 12:17:20 AM
Metadata
Fields
Template:
Loan Projects
Contract/PO #
C153579
Contractor Name
Highline Buzzard Ditch Company
Contract Type
Loan
Water District
72
County
Mesa
Bill Number
SB 90-41
Loan Projects - Doc Type
Contract Documents
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<br />5. Promptly to notify Sec.., ,J Pany of :my ch:mge in the location of the Coho_ca!. <br /> <br />6. To pay all taXes and assessments of every nature which may be levied or assessed against the Collateral. <br /> <br />7. Not to permit or allow any adverse lien, security interest or encumbrance whatsoever upon the Collateral and not to <br />permit the same to be attached or replevined. <br /> <br />8. That the Collateral is in good condition. and that he wili. at his own expense. keep the same in good condition and <br />from time to time. forthwith. replace and repair all such pans of the Collateral as may be broken. worn out. or damaged without <br />allowing any lien to be created upon the Collateral on account of such replacement or repairs, and that the Secured Pany may <br />examine :md inspect the Collateral at any time. wherever located. <br /> <br />9. That he will not use the Collateral in violation of any applicable statutes. regulations or ordinances. <br /> <br />10. The Debtor will keep the Collateral at all times insured against risks of loss or damage by fire (including so- <br />called extended coverage), theft and such other casualties as the Secured Party may reasonably require. including collision <br />in the case of any motor vehicle, all in such amounts. under such forms of policies, upon such terms, for such periods, and <br />written by such companies or underwriters as the Secured Party may approve. losses in all cases to be payable to the <br />Secured PaTty and the Debtor as their interest may appear. All policies of insurance shall provide for at least ten days' prior <br />written notice of cancellation to the Secured Party; and the Debtor shall furnish the Secured Party with certificates of such <br />insurance or other evidence satisfactory to the Secured Party as to compliance with the provisions of this paragraph. The <br />Secured Party may aCt as attorney for the Debtor in making, adjusting and settling claims under or cancelling such <br />insurance and endorsing the Debtor's name on any drafts drawn by insurers of the Collatera!. <br /> <br />UNTIL DEFAULT Debtor may have possession of the Collateral and use it in any lawful manner, and upon default <br />Secured Pany shall have the immediate right to the possession of the Collateral. <br /> <br />SECRETARY OF STATE OF COLORADO <br />DEBTOR SHAll.. BE IN DEFAULT under this agreement upon the happening of any of the following events or <br />conditions: .02-13-91 13:47 <br /> <br />(aJ default in the payment or petformance of :my obligation. covenant or liability contain24~re~to herei~!;b.,Qg <br />note evidencing the same; <br /> <br />(b) the making or furnishing of any warranty, representation or statement to Secured Pany by or on behalf of Debtor <br />which proves to have been false in any material respect when made or furnished; <br /> <br />(c) loss. theft. damage. destruction. sale or encumbrance to or of any of the Collateral. orlhe making of any levy seizure <br />or attachment thereof or thereon; <br /> <br />(d) death. dissolution. termination or existence. insolvency, business failure. appointment ofa receiver of :my part of the <br />propetty of. assignment for the benefit of creditors by, or the commencement of any proceeding under any bankruptcy or <br />insolvency laws of, by or against Debtor or :my guarnntor or surety for Debtor. <br /> <br />UPON SUCH DEFAULT and at any time thereafter. or if it deems itself insecure. Secured Pany may declare all <br />Obligations secured hereby immediately due and payable and shall have the remedies of a secured party under Anicle 9 of the <br />Colorado Uniform Cormnercial Code. Secured Pany may require Debtor to assemble the Collateral and deliver or make it <br />awilable to Secured Pany at a place to be designated by Secured Party which is reasonably convenient to both parties. Expenses of <br />retaking, holding, preparing for sale. selling or the like shall include Secured Pany's reasonable attorney's fees and legal <br />expenses. <br /> <br />No waiver by Secured Party of any default shall operate as a waiver of any other default or of the same default on a future <br />occasion. The taking of this security agreemenr shall not waive or impair any other security said Secured Party may have or <br />hereafter acquire for the payment of the above indebtedness. nor shall the taking of :my such udditional security waive or impair <br />this security agreement: but said Secured ?any may resort to any security it may have in the order it may deem proper. and <br />notwithstanding any collateral security. Secured Party shall retain its rights of set-off against Debtor. <br /> <br />All rights of Secured Party hereunder shall inure to the benefit of its successors and assigns; and all promises and duties of <br />Debtor shall bind his heirs. executon; or adminislraton; or his or its successors or assigns. If there be more than one Debtor, their <br />liabilities hereunder shall be joint and several. <br /> <br />Date this <br /> <br />/G <br /> <br />day of <br /> <br />I4/N <br />..--- <br /> <br />. 19 C{ZJ <br /> <br />Debtor; <br /> <br />Secured Party:' <br /> <br />Di.tch Company, <br /> <br /> <br />Colorado Water Conservation Board <br />i~""..$'hl. <br /> <br />"'".,.,." " 'nl~1'klL..., ,,' "'...~ "" J nn;Ul.'nc ",'''''I<:~' "':<1'..-..1 !).1m ;". _II ol' !"-' ,kill'... m,,,' ,"cn /?\fJ ire c tor <br /> <br />.j - <br />L~ tL---t.: ....--..... <br /> <br />:,':'" <br />
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