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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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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 />10. The DEBTOR will keep the COLLATERAL at all times insured against risks of loss or damage by fire (including so-called extended <br />coverage), theft and such other casualties as the SECURED PARTY maY reasonably require, including collision in the case of any motor vehicle, <br />all in such amounts, under such forms of policies, upon such termS, for such periods, and written by such companies or underwriters as <br />the SECURED PARTY may approve, losses in all cases to be payable to the SECURED PARTY and the DEBTOR as their interest may appear. All <br />policies of insurance shall provide for at least ten days' prior written notice of cancellation to the SECURED PARTY; and the DEBTOR shall furnish <br />the SECURED PARTY with certificates of such insurance or other evidence satisfactory to the SECURED PARTY as to compliance with the <br />provisions of this paragraph. The SECURED PARTY may act as attorney for the DEBTOR in making, adjusting and settling claims under or <br />canceling such insurance and endorsing the DEBTOR'S name on any drafts drawn by insurers of the COLLATERAl. <br /> <br />UNTil DEFAULT DEBTOR may have possession of the COLLAfERAL and use it in any lawful manner, and upon default SECURED PARTY <br />shall have the immediate right to the possession of the COLLATERAl. <br /> <br />DEBTOR SHALL BE IN DEFAULT under this agreement upon the happening of any of the following events or conditions: <br /> <br />(al default in the payment or performance of any obligation, covenant or liability contained or referred to herein or in any note <br />evidencing the same; <br /> <br />(bl the making or furnishing of any warranty, representation or statement to SECURED PARTY by or on behalf of DEBTOR which proves <br />to have been false in any material respect when made or furnished; <br /> <br />{cl loss, theft, damage, destruction, sale or encumbrance to or of any of the COLLATERAL, or the making of any levy seizure or <br />attachment thereof or thereon; <br /> <br />(d) death, dissolution, termination or existence, insolvency I business failure, appointment of a receiver of any part of the property <br />of, assignment for the benefit of creditors by, or the con1mencement of any proceeding under any bankruptcy or insolvency law <br />of, by or against DEBTOR or any guarantor or surety for DEBTOR. <br /> <br />UPON SUCH DEFAULT and at any time thereafter, or if it deems itself insecure, SECURED PARTY may declare all Obligations secured <br />hereby immediately due and payable and shall have the remedies ef a secured party under Article 9 of the Colorado Uniform Commercial <br />Code. SECURED PARTY may require DEBTOR 10 assemble the collateral and deliver or make it available to SECURED PARTY a; a place to be <br />designated by SECURED PARTY which is reasonably convenient to beth panies. Expenses of retaking, holding, preparing for sale, selling or <br />the like shall include SECURED PARTY'S reasonable attorney's fees Etnd legal 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 occasion. <br />The taking of this security agreement shall not waive or impair any other security said SECURED PARTY may have or hereafter acquire for the <br />payment of the above indebtedness, nor shall the taking of any such additional security waive or impair this security agreement; but said <br />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 DEBTOR <br />shall bind its heirs, executors or administrators or its successors or assigns. If there be more than one DEBTOR, their liabilities hereunder shall <br />be joint and several. <br /> <br />Dated this _ day of <br /> <br />, 1995. <br /> <br />By: <br /> <br /> <br />SECURED PARTY: STATE OF COLORADO for the <br />use and benefit of the Department of Natural <br />Resources, Colorado Water Conser ation Board <br /> <br />ph J, Weaver, Chairman <br /> <br /> <br />Daries C, Lile, Director <br /> <br />By: <br /> <br />ATT <br /> <br />DEBTOR: TOWN OF NORWOOD <br /> <br />
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