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<br />co:') <br />ft . <br />, . <br /> <br />b, Establish security interest in the asseSSll1ents. The BORROWER agrees that in order to provide a <br />security interest for the STATE irrevocably pledging such assessments, it will provide a Uniform <br />Commercial Code Security Agreement and Financing Statement, such document completed and <br />properly executed, incorporated herein as Appendix C. No monies shall be advanced prior to BORROWER <br />providing this form, <br /> <br />c, Renewal of UCC agreements in fourth year. The BORROWER will, within thirty (30) days prior to the <br />end of the fourth year that this contract is in effect and every five (5) years thereafter, deliver to the <br />ST ATE a fully and properly executed Continuation Statement (Form UCC-3) of the security interest (UCC <br />Security Agreement and Financing Statement) required by this contract. <br /> <br />d, Levy charges and fees for repayment of the loan. The BORROWER shall, pursuant to its statutes, its <br />articles of incorporation and by-laws, and as authorized by its resolution, take all necessary actions <br />consistent therewith to levy assessments sufficient enough to pay this contract loan debt in a timely <br />manner and as required by the terms and conditions herein, In the event the assessments levied by <br />the BORROWER become insufficient to assur~ repayment to the STATE as required by the terms and <br />conditions herein, then the BORROWER, upon written notice thereof from the STATE, shall immediately <br />take all necessary action consistent with the statutes, its articles of incorporation, by-laws, and <br />resolutions, including but not be limited to levying additional assessments to raise sufficient <br />assessments to assure repayment of the loan to the STATE. <br /> <br />e. Levy'assessments for operations, maintenance. reserves, and debt reserves. The BORROWER shall, <br />pursuant to the statutes, its articles of incorporation, by-laws, and resolutions, levy assessments from <br />time to time as necessary to provide sufficient funds for adequate operation and maintenance, <br />emergency repair services, obsolescence reServes, and debt reserves. <br /> <br />14. Progress reports. The BORROWER shall, with the assistance of the CONSULTANT, prepare a progress <br />report which contains a statement of the actual PRO,JECT copstruction costs for that month and shall forward <br />said statement to the STATE. ' <br /> <br />15. Periodic inspections. The BORROWER shall bermit a designated representative of the STATE to make <br />periodic inspections of the PROJECT construction, its operations and accounts. Any such inspections by the <br />STATE are solely for the purpose of verifying compliance with the terms and conditions of the contract and shall <br />not be construed nor interpreted as an approval of the actual design and/or construction of any element of the <br />PROJECT, <br /> <br />16, Adhere to applicable laws. The BORROWER shall strictly adhere to all applicable federal, state, and local <br />laws and regulations that have been or may hereaft~r be established, <br /> <br />17. No discrimination of services. The services of said PROJECT will be made available within its capacity <br />and in accordance with all pertinent statutes, rules and regulations, and operational guidelines to all persons <br />in the BORROWER'S service area without discriminatior, as to race, color, religion, or national origin at reasonable <br />charges (including assessments or fees). whether for one or more classes of service, in accordance with a <br />schedule of such charges formally adopted by the BORROWER, as may be modified from time to time, <br /> <br />B. The STATE agrees as follows: <br /> <br />1, Agreement to loan money. The STATE agre~s to loan to the BORROWER an amount not to exceed that <br />specified in the Promissory Note Provisions of this ~ontract, <br /> <br />2. Disbursements, After receipt of the monthly progress report from the BORROWER, and review and <br />acceptance of the items therein as eligible expenses as described below, the STATE will pay to the BORROWER <br />the amount 6f the report or such portion that has been approved by the STATE. Such payment shall be made <br />within thirty (30) days from the approval of each monthly progress report. <br /> <br />KINGS ROW HOMEOWNERS ASSOCIATION <br /> <br />Page 6 of 11 <br /> <br />LOAN CONTRACT <br />