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2010-10-07_REVISION - M1977425
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2010-10-07_REVISION - M1977425
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Last modified
6/16/2021 5:18:42 PM
Creation date
10/8/2010 11:16:45 AM
Metadata
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Template:
DRMS Permit Index
Permit No
M1977425
IBM Index Class Name
REVISION
Doc Date
10/7/2010
Doc Name
Response
From
OSE
To
DRMS
Type & Sequence
AR1
Email Name
ECS
Media Type
D
Archive
No
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<br />event that any required amount is not fully paid on or before the <br />15th day following the making of demand and notice as herein <br />provided, the State engineer, the Division engineer of Water <br />Division No. 1, or any party to this matter may commence such an <br />action (or make counterclaim or crossclalm for such relief in any <br />action) against the Applicant or its successors, or shall proceed <br />to foreclose its lien against said real property, then for such party's costs, expenses and attorney fees including <br />costs of suit incurred in any such action and/or foreclosure <br />proceedings, shall be additional charges against such real <br />property and,shall be a continuing lien upon the property. Such <br />amounts shall be recoverable from Applicant or its successors, <br />and Applicant or its successors shall be personally obligated to <br />pay the same to the extent they exceed the proceeds in a <br />foreclosure sale and satisfaction of the lien. Foreclosure or <br />attempted foreclosure by any party to the lien shall not be <br />deemed to estop or otherwise preclude subsequent foreclosure <br />actions to foreclose the lien for any subsequent failures by the <br />Applicant or its successors to pay any required amount. <br />The lien hereby created shall apply to Applicant's <br />successors in title, regardless of whether said obligation was <br />expressly assumed by them. Upon acquisition of title to all or <br />any portion of the real property described herein, any successor <br />to Applicants shall be bound by the terms hereof. <br />Such lien may be foreclosed by foreclosure of the real <br />property in like manner as mortgages on real property. <br />The lien provided herein shall be in favor of the State <br />engineer, the Division engineer of Water Division No. 1 and all <br />parties hereto, axid for the benefit of the owners of all senior <br />vested water rights. Applicant is the owner of the real property <br />described in Exhibit "A" attached hereto and by reference <br />incorporated herein together with all improvements thereon. The <br />reservoirs which are augmented by this decree are all situate <br />upon such real property. <br />The terns and conditions of this decree, including the <br />obligations upon the Applicant or its successors for the payment <br />of all assessments, running charges, interest, penalties and <br />other charges on its shares of stock in the Boxelder Ditch <br />Company, all costs and expenses involved in operating, repairing, <br />and maintaining the pipelines (and appurtenance thereto) <br />connecting the ponds, and for the acquisition of such addi.ti.onal <br />augmentation water as may be necessary in the future, together <br />with a lien herein created for the payment of such amounts, shall <br />be covenants and obligations running with and binding upon the <br />10
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