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PROJC01289
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PROJC01289
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Last modified
11/19/2009 11:22:32 AM
Creation date
10/6/2006 12:20:04 AM
Metadata
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Template:
Loan Projects
Contract/PO #
C153700
Contractor Name
Norwood, Town of and Norwood Water Commission
Contract Type
Loan
Water District
60
County
San Miguel
Bill Number
HB 93-1273
Loan Projects - Doc Type
Contract Documents
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<br />e. Interest during con...ructlon. The BORROWER shall repay to L...:l STATE interest accrued on the <br />loan advances made during construction which will be calculated at the rate of two percent (2%) <br />per annum on each loan advance disbursed to the BORROWER made during construction. The <br />interest accumulated during construction shall be paid to the STATE as a single lump sum on the <br />first day of the month following the month that the STATE declares that the PROJECT has been <br />substantially completed. The actual interest which will accumulate during construction is unknown <br />and cannot be calculated until the conclusion of construction. <br /> <br />f. Prepayment conditions. The BORROWER may prepay all or any of the loan at any time, without <br />penalty. These payments will be applied first to any accrued interest and then to reduce the <br />principal amount. <br /> <br />9. Collateral. The security provided for this loan shall be the following: <br /> <br />1) An undivided one hundred percent (100%) interest in the 92 acre-foot Norwood Reservoir to be <br />built on state Trust land on which the BORROWER has obtained a right-of-way from the SLB for <br />purposes of constructing, operating and maintaining the reservoir by Right-of-way 2986, Book <br />29, hereinafter referred to as RICHT-OF-WAY 2986, attached hereto as APPENDIX C and incorporated <br />herein by this reference. The SLB has agreed that in the event that TOWN/BoRROWER is in default <br />on its Obligations under this contract during the term of repayment, CWCB may succeed to all <br />rights and assume all obligations under RICHT-OF-WAY 2986. <br /> <br />2) Sixty 160) shares of stock in the Farmer's Water Development company, evidenced by stock <br />certificate number 360 dated October 19, 1976, for 20 shares and certificate number 145 dated <br />December 7, 1964, for 40 shares, owned by the BORROWER. In order to protect both the STATE'S and <br />the BORROWER'S interest in the collateral, the conditions listed below will be followed: <br /> <br />a. The STATE'S security interest in the certificates wili be evidenced by a UCC Security Agreement <br />and Financing statement, attached hereto and referred to as APPENDIX D. <br /> <br />b. The BORROWER shall give physical custody of the stock certificates to the STATE and the certificates <br />shall be deposited at the State Treasurer's Office for safekeeping. <br /> <br />c. The BORROWER shall retain both the responsibility for paying assessments and the privilege of <br />voting such shares. <br /> <br />d. BORROWER shall sign a Stock Assignment, attached hereto and referred to as APPENDIX E, to be <br />used in the event of default of the terms of this loan by the BORROWER. <br /> <br />e. CWCB'S name shall replace that of the BORROWER on the certificates and in the books of Farmer's <br />Water Development Company in the event the BORROWER defaults under the terms of this ioan <br />contract. <br /> <br />10. Remedies for defau.t_ Upon default in the payments herein set forth to be made by the <br />BORROWER, or default in the performance of any covenant or agreement contained herein, the STATE, at <br />its option, may: <br /> <br />a. declare the entire principal amount and accrued interest then outstanding immediately due <br />and payable; <br /> <br />b. for the account of the BORROWER, incur and pay reasonable expenses for repair, maintenance, <br />and operation of the PROJECT herein described and such expenses as may be necessary to cure the <br />cause of default; <br /> <br />c. take possession of and operate, maintain and repair the PROJECT. <br /> <br />j) If the STATE takes possession of the PROJECT pursuant to this contract, the STATE may operate, <br />maintain and repair it by itself, by hiring others to operate the PROJECT, and/or by leasing <br />or assigning its rights to operate, maintain, and repair the PROJECT. <br /> <br />NORWOOD WA TEA COMMISSION & TOWN OF NORWOOD <br /> <br />Page 5 OT 11 Pages <br /> <br />LOAN CONTRACT <br />
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