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<br />SECURITY AGREEMENT <br />DEBTOR: Pinon Mesa RancheS Community Association <br />300 Angus Road, CR 310 <br />Ignacio, CO 81137 <br /> <br />FEDERAL tAX NUMBER: 84.1330579 <br />COUNTY: LA PLATA (CODE: 20) <br /> <br />SECURED PARTY: STATE OF COLORADO - COLORADO WATER CONSERVATION BOARD <br />1313 Sherman Street, Room 721 <br />Denver, CO 80203 <br /> <br />COLLATERAL: Contract Rights (Code: 030) <br /> <br />'-~ <br /> <br />./ <br />DEBTOR, for consideration, hereby grants to SECURED PARTY a security interest in the following property <br />and any and all additions, accessions and substitutions thereto or therefor, hereinafter called the <br />COLLATERAL: All revenues derived from water charges and assessments levied to repay the <br />indebtedness on the amount loaned to DEBTOR by SECURED PARTY, and all rights of DEBTOR to receive <br />water charges and assessment revenues from its members, as described in pledge of property <br />provisions in Loan Contract#C153774. <br /> <br />To secure payment of the indebtedness evidenced by certain Promissory Note between the above <br />named parties herewith, in the amount of $206,000.00 at 3.75% effective interest rate for a tenn of 30 <br />years, payable by DEBTOR to the SECURED PARTY until all principal and interest are paid in full in <br />accordance with said Promissory Note. <br /> <br />DEBTOR EXPRESSLY WARRANTS AND COVENANTS: <br /> <br />1. That except for the security interest grant hereby, DEBTOR is, or to the extent that this agreement <br />states that the COLLATERAL is to be acquired after the date hereof, will be, the owner of the <br />COLLATERAL free from any adverse lien, security interest or encumbrances. <br /> <br />2. That the execution and delivery of this agreement by DEBTOR will not violate any law or agreement <br />goveming DEBTOR or to which DEBTOR is a party. <br /> <br />3. That, if DEBTOR is a corporation, its certificate and articles of incorporation and by-laws do not <br />prohibit any tenn or condition of this agreement. <br /> <br />4. That by its acceptance of the loan money pursuant to the tenns of the CONTRACT and by its <br />representations herein, DEBTOR shall be estopped from asserting for any reason that it is not <br />authorized to grant a security interest in the COLLAfERAL pursuant to the tenns of this agreement. <br /> <br />5. To pay all taxes and assessments of every nature which may be levied or assessed against the <br />COLLATERAL. <br /> <br />6. To not pennit or allow any adverse lien, security interest or encumbrance whatsoever upon the <br />COLLATERAL and not to pennit the same to be attached or replevined. <br /> <br />7. That the DEBTOR will not use the COLLATERAL in violation of any applicable statutes, regulations, <br />ordinances, articles of incorporation or by-laws. <br /> <br />UNLESS IT DEFAULTS DEBTOR may have possession of the COLLATERAL, provided that DE8TOR <br />keeps all revenues derived from membership assessments in the amount of the annual loan payments <br />due under the contract, as amended, in an account separate from other revenues of DEBTOR and does <br />not use said revenues for any purpose not pennitted by the CONTRACT. If DEBTOR defaults, SECURED <br /> <br />Appendix E to Contract #C153774 <br />