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<br />I. The BORROWER is currently and at the time of the issuance of the parity debt in <br />substantial compliance with all of the obligations of this contract, including, but not <br />limited to, being current on the annual payments due under this contract and in the <br />accumulation of all amounts then required to be accumulated in the BORROWER'S debt <br />service reserve fund; <br /> <br />II. The BORROWER provides to the STATE a Parity Certificate from an independent <br />certified public accountant certifying that. based on an analysis of the BORROWER'S <br />revenues, for 12 consecutive months out of the 18 m()nths immediately preceding the <br />date of issuance of such parity debt, the BORROWER'S revenues are sufficient to pay its <br />annual operating and maintenance expenses, annual debt service on all outstanding <br />indebtedness having a lien on the pledged revenues, including this loan, the annual <br />debt service on the proposed indebtedness to be issued, and all required deposits to <br />any reserve funds required by this contract or by the lender(s) of any indebtedness <br />having a lien on the pledged revenues. The analysis of revenues shall be based on <br />the BORROWER'S current rate structure or the rate structure most recently adopted. No <br />more than 10% of total revenues may originate from tap and/or connection fees. <br /> <br />The BORROWER acknowledges and understands that any request for approval of the issuance <br />of additional debt must be reviewed and approved by the CWCB Executive Director prior to the <br />issuance of any additional debt. <br /> <br />12. Annual Statement of Debt Coverage. Each year during the term of this contract, the <br />BORROWER shall submit to the STATE an annual financial report along with a certificate of debt <br />service coverage from a Certified Public Accountant. <br /> <br />13. Collateral. Part of the security provided for this loan, as evidenced by the executed <br />Assignment of Certificate of Deposit attached as Appendix E and incorporated herein, shall be <br />an undivided one hundred percent (100%) interest in a certificate of deposit account <br />established by the BORROWER in the amount of one annual loan payment ($5,783.01), <br />hereinafter referred to as CD ACCOUNT. The STATE shall use the funds contained in the CD <br />ACCOUNT for the purpose of paying principal and interest due under this contract not otherwise <br />paid by the BORROWER. Any amount withdrawn by the STATE for this purpose shall be <br />replenished by the BORROWER within sixty days after such withdrawal. The STATE shall not <br />disburse any loan funds under this contract until the BORROWER has established the CD <br />ACCOUNT. <br /> <br />14. Collateral during repayment. The BORROWER shall not convey, assign, grant, transfer, <br />mortgage, pledge, encumber, or otherwise dispose of the COLLATERAL for this loan or the <br />revenues pledged herein to repay this loan, so long as any of the principal, accrued interest, and <br />late charges, if any, on this loan remain unpaid, without the prior written concurrence of the <br />STATE. In the event of any such transfer or encumbrance without the STATE'S written <br />concurrence, the STATE may at any time thereafter declare all outstanding prinCipal and <br />interest on this loan immediately due and payable. <br /> <br />15. Remedies for default. Upon default in the payments herein set forth to be made by the <br />BORROWER, or default in the performance by the DISTRICT and/or the BORROWER of any covenant <br />or agreement contained herein, the STATE, at its option, may: <br /> <br />a. declare the entire principal amount and accrued interest then outstanding immediately due <br />and payable from the BORROWER; <br /> <br />b. exercise its rights under this contract, the Promissory Note, and/or the security agreement; <br /> <br />Silt Water Conservancy District Water Activity Enterprise and <br />Silt Water Conservancy District <br /> <br />Page 7 of 13 <br />