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<br />a. Promissory Note, attached as Appendix A and incorporated herein, which replaces <br />and supersedes the Promissory Note in the amount of $3,688,567.74 dated May 28, <br />1997, attached to the ORIGINAL CONTRACT as Attachment D to Amendment NO.4. <br />b. Amendment to Subordination Agreement, attached hereto as Appendix Band <br />incorporated herein, which supplements and operates in conjunction with the <br />Subordination Agreement, dated January 10,1997. <br />c. Security Agreement to secure the BORROWER'S Pledge of Revenues and 120 shares of <br />stock in the Fort Bent Ditch Company evidenced by Certificate No. 1141, attached <br />hereto as Appendix C and incorporated herein, which replaces and supersedes the <br />security agreements used to secure the collateral for this loan, including the pledge of <br />revenues. <br />d. Deed of Trust to secure all of the water rights pledged by BORROWER to assure <br />repayment of this loan as described in said deed of trust, attached hereto as Appendix <br />D and incorporated herein, which replaces and supersedes the nine deeds of trust used <br />to secure all of the collateral for this loan, including the water rights represented by the <br />Manvel and Highland shares. <br />5. The CWCB agrees to execute a UCC-3 Release of Security Agreement and nine <br />Requests for Release of Deed of Trust, attached hereto as Appendix E and incorporated <br />herein, to release its security interests in the Manvel and Highland shares and all other <br />collateral for the loan in exchange for the BORROWER'S reconveyance to the CWCB of a <br />security interest in all of the collateral for this loan, including the water rights represented by <br />the Manvel and Highland Shares. The CWCB further agrees that the August 15, 1997 <br />SecUrity Agreement encurnbering 42.4 shares Of the capital stock of tfie HTghlc:lnd, <br />evidenced by Stock Certificate no. 300 is hereby released. <br />6. Atter the effective date of this amendment, the CWCB shall (1) deliver the duly executed <br />Requests for Release of Deed of Trust and the Deed of Trust executed by the BORROWER <br />(Appendix C) to the appropriate county clerks for recording, (2) deliver the Security <br />Agreement UCC-1 and the Release of Security Agreement UCC-3 to the Secretary of <br />State's Office for filing, and (3) void all stock assignments, except the stock assignment <br />for 120 shares of Fort Bent stock, and deliver the same to the BORROWER along with all <br />Manvel and Highland Shares stock certificates. <br />7. The Contract is amended by the addition of the following: <br />16. Contract Amendment Service Fees. Under certain circumstances, the BORROWER <br />shall be assessed a fee for amending the contract. <br />a. A service fee shall be imposed on the BORROWER for amendments processed for <br />the benefit of the BORROWER and necessary for the BORROWER'S course of <br />business, including, but not limited to, a change in borrower name (novation), <br />assignment of contract, substitution of collateral, loan payment deferments in <br />excess of 3 per loan, and loan consolidation. Amendments in the course of <br />CWCB business, including, but not limited to, the first three loan payment <br />deferments and changes in terms of loan repayment will be processed at no <br />additional charge to the BORROWER. <br />b. The amount charged shall be the fee rate structure in accordance with the <br />CWCB Loan Service Charge Policy in effect at the time the BORROWER shall <br />request an amendment. The current fee for an amendment is $1,000. <br /> <br />Page 3 of 4 <br />