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PROJC01288
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PROJC01288
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Last modified
11/19/2009 11:28:09 AM
Creation date
10/6/2006 12:20:02 AM
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Loan Projects
Contract/PO #
C153714
Contractor Name
Hay-Bretherton Ditch Company
Contract Type
Loan
Water District
43
County
Rio Blanco
Bill Number
HB 95-1155
Loan Projects - Doc Type
Contract Documents
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<br />( <br /> <br />r-- <br /> <br />individual, or firm, other than a bona fida employee, any fee, commission, percentage, gift, or other <br />consideration contingent upon or resulting from the award or the making of this contract. <br /> <br />f. The BORROWER shall make all reasonable efforts to require the OBLIGORS to comply with the terms <br />of this contract. <br /> <br />g. That the property identified in the Collateral Provisions of this contract is not encumbered by <br />any other deeds of trust to any party other than the STATE or in any other manner. <br /> <br />3. Promissory note provisions. The BORROWER and the OBLIGORS understand that this contract is also <br />a promissory note for the repayment of funds loaned according to the terms set forth herein. <br /> <br />a. Principal amount. The principal amount of the loan shall be $20,000. <br /> <br />b. Interest rate. The interest on the principal shall accrue at the rate of four percent (4%) per <br />annum on all funds advanced to BORROWER. <br /> <br />c. Duration. The repayment period of this loan shall be twenty (20) years. <br /> <br />d. Loan payment. The loan payments shall be made in 20 annual installments of One Thousand <br />Four Hundred Seventy-One Dollars and Sixty-FolJr Cents ($1,471.64), which amount includes <br />principal and interest. The first installment s~all ~~'uue and payable on one (1) .year following the <br />date that the STATE disburses the funds to the BORROWER and yearly thereafter until the entire <br />principal sum and any accrued interest 6hall h6v~.be~n paid. Installment payments are to be made <br />payable to the CWCB at the address given below. c <br /> <br />e. Prepayment conditions. The BORROWER or t~e OBLIGOR may prepay all or any of the loan at any <br />time, without penalty. These paymentS will tie ~p;>iied first to any accrued interest and then to <br />reduce the principal amount. ,', <br />c: r e'" <br /> <br />4. Collateral. The collateral provided for this loan s,l\!ill'be an undivided one hundred percent (100%) <br />interest in the following property owned by the OB~IGORS:' SW'r{4 SE 1/4 by the plat of the Original survey, <br />the same and identical lands described under the 1908 Gow![flfnent Land Office Resurvey as Tract 59 lying in <br />Section 27, Township 1 North, Range 95 West of the 6t,! P.N[:, County of Rio Blanco, State of Colorado, <br />containing 40 acres more or less and being subject to any'easef(1ents and rights of way of record. <br />'. . <br /> <br />The collateral shall be evidenced by the deed of trust attached hereto as Appendix B and incorporated <br />herein, completed and properly executed by the OSLlGORS. <br /> <br />5. OBLIGORS' liability insurance. The OBLlClORS shall, without expense or legal liability to the STATE, <br />manage, operate, and maintain the PROJECT and SECURITY continuously in an efficient and economical manner. <br />The BORROWER and OBLIGORS agree to indemnify and hold the STATE harmless from any liability incurred by the <br />STATE as a result of the STATE'S interest in the PROJECT facilities and any other property identified in the <br />Collateral Provision of this contract. Until complete repayment of the loan is made to the STATE, the OBLIGORS <br />shall maintain comprehensive general liability insurance covering the management, operation, and maintenance <br />of the PROJECT and collateral in at least the followir1g amounts: <br /> <br />a. For any injury to one person in any single occurrence, the sum of One Hundred Fifty Thousand <br />Dollars ($150,000). <br /> <br />b. For any injury to two or more parsor1S in any single occurrence, the sum of One Million Dollars <br />($1,000,000). <br /> <br />c. For any damage to property, the sum of Five Hundred Thousand Dollars ($500,000) for each <br />occurrence. <br /> <br />HAY-BRETHERTON DITCH COMPANY <br /> <br />Page 3 of 8 <br /> <br />LOAN CONTRACT <br />
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