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PROJC01666
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PROJC01666
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Last modified
11/5/2009 9:26:12 AM
Creation date
10/6/2006 12:26:46 AM
Metadata
Fields
Template:
Loan Projects
Contract/PO #
C153738
Contractor Name
Georgetown, Town of
Contract Type
Loan
Water District
6
County
Clear Creek
Bill Number
SB 96-153
Loan Projects - Doc Type
Contract Documents
Supplemental fields
Water Division
1
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events or conditions: <br />a. default in the payment or performance of any obligation, covenant or liabi{ity contained or <br />referred to herein or in any note evidencing the same; <br />b. the making or furnishing of any warranty, representation or statement to SECURED PARTY by or <br />on behalf of DEaTOR which proves to have been false in any material respect when made or <br />furnished; <br />c. loss, theft, damage, destruction, sale or encumbrance to or of any of the Cot~TEFta~, or the <br />making of any levy seizure or attachment thereof or thereon; <br />d. dissolution, termination of existence, insolvency, business failure, appointment of a receiver of <br />any part of the property of, assignment for the benefit of creditors by, or the commencement of <br />any proceeding under any bankruptcy or insolvency law of, by or against DEBTOR or any <br />guarantor or surety for DEaTOR. <br />UPON SUCH DEFAULT and at any time thereafter, or if it deems itself insecure, SECURED PARTY may <br />declare all Obligations secured hereby immediately due and payable and sha{I have the remedies of a <br />secured parry under Article 9 of the Colorado Uniform Commercial Code. In addition, upon default, <br />SECURED PARTY shall have the right to transfer the COLLATERAL to and register the COLLATERAL in the <br />name of the SECURED PARTY, and, whether or not so transferred and registered, to receive the income, <br />dividends and other distributions thereon and apply them to repayment of the loan. Expenses of retaking, <br />holding, preparing for sale, selling or the like shall include SECURE~ PARN's reasonable attorney's fees <br />and legal expenses. <br />No default shall be waived by SECURE~ PaRN except in writing, and no waiver by SECURED PARTY of <br />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 SECURE~ PaR-nr <br />may have or hereafter acquire for the payment of the above indebtedness, nor shall the taking of any <br />such additional security waive or impair this security agreement; but said SECUREO P,4RN shall retain its <br />rights of set-off against DEBTOR. In the event court action is deemed necessary to enforce the terms and <br />conditions set forth herein, said action shall cnly b~ brou~ht in the District Court for the City and County of <br />Denver, State of Colorado, and DEaTOR consents to venue and personal jurisdiction in said Court. <br />All rights of SECURE~ PARN hereunder shall inure to the benefit of its successors and assigns; and all <br />promises and duties of DEeTOR shall bind its heirs, executors or administrators or its successors or <br />assigns. If there be more than one DEBTOR, their liabilities hereunder shall be joint and several. <br />Dated this 4th day of J~uARY.~ i9a9 <br />Attest: ( S E A L) BoRROwER: Town of Georgetown Water and <br />Sewer Activity Enterprise <br />By By <br />Me an, Wa rs, Secre ary Janet Hill Claus, Poli e Judge <br />
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