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PROJC01591
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Last modified
6/18/2010 3:28:58 PM
Creation date
10/6/2006 12:26:02 AM
Metadata
Fields
Template:
Loan Projects
Contract/PO #
C150011
Contractor Name
Consolidated Mutual Water Company, The
Contract Type
Loan
Water District
7
County
Jefferson
Bill Number
SB 99-173
Loan Projects - Doc Type
Contract Documents
Supplemental fields
Water Division
1
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in <br />� + <br />SECURtTY AGREEMENT <br />DEeTOR: The Consolidated Mutual Water Company <br />P.O. Box 150068 <br />Lakewood, Colorado 80215 <br />FEDERAL TAX NUMBER: 84-0177040 <br />CAUh1TY: JEFFEASON (CODE: 11) <br />SECURED PqR'n': State of Colorado - Colorado Water Conservation Board <br />1313 Sherman Street, Room 721 <br />Denver, CO 80203 <br />Cot�aTERA�: Contract Rights (Code: 030) <br />DEBTOR for consideration, hereby grants to SECURED PARrv a security interest in the following property <br />and any and all additions, accessions and substitutions thereto or therefor, hereinafter called the <br />Co�V+TE�u�: (1) All revenues derived from water service revenues and all of Desroa's right to receive <br />said revenues to repay the indebtedness o� the amount loaned to debtor by secured party, as described <br />in Pledge of Property provisions in Contract No. C150011 and (2) an undivided one hundred percent <br />(100%) interest in 2;641140 shares in The Agricultural Ditch and Reservoir Company evidenced by <br />Certificate No. 5803. The shares represent the Debtors pro rata share of water rights described in <br />attached Exhibit A. <br />To secure payment ot the indebtedness evidenced by certain Promissory Note between the above <br />named paRies herewith, payable to the SEC , , eno 0 <br />n years in accor ance with said Promissory Note or until all principal and interest are paid in full. <br />DEBTOR EXPRESSLY WARRANTS AND COVENANTS: <br />1. That except for the security interest granted hereby, DESroR is, or to the extent that this agreement <br />states that the COLLATERAL iS t0 be acquired after the date hereof, will be, the owner of the <br />Coua,rERn� free from any adverse lien, security interest or encumbrances; and that DEaroR will <br />defend the COt�4TEaa� against all claims and demands of all persons at anytime claiming the same <br />or any interest therein. <br />2. That the execution and delivery of this agreement by DESTOR will not violate any law or agreement <br />governing DEBTOa or to which DEBTOa is a parry. <br />3. That, if DEeTOR is a corporation, its certificate and articles of incorporation and by-laws do not <br />prohibit any term or condition of this agreement. <br />4. That by its acceptance of the loan money pursuant to the terms of the CONTRACT 3fid by its <br />representations herein, DEaTOR shali be estopped from asserting for any reason that it is not <br />authorized to grant a security interest in the C�uJa�ERAt pursuant to the terms of this agreement. <br />5. To pay all taxes and assessments of every nature which may be levied or assessed against the <br />COLLATERAL. <br />6. To not permit or allow any adverse lien, security interest or encumbrance whatsoever upon the <br />Cou.a,TERA� and not to permft the same to be attached or replevined. <br />7. That the DEa'rOR will not use the Cot�.4TEaa� in violation of any applicable statutes, regulations, <br />ordinances, articles of incorporation or by-laws. <br />UNTIL DEFAULT DEB7oR may have possession of the revenue portion of the COLLATERAL <br />provided that DEBfoa keeps those revenues in an account separate from other revenues of DEBTOa <br />and does not use the Co��a,rEaA� for any purpose not permitted by the CoNTRqC'r. Upon default, <br />Appendix F to Loan Contract �^ c+{nny � — <br />
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