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<br />~, <br /> <br />T~ 1."' 0 . <br /> <br />that <br /> <br />a. Revenues For This Loan Are To Be Kept Sep2,~-"'" The BORROWER hereby agrees that <br />the pledged revenues sha!1 be set aside 2r:d \(80t in an account separate from other <br />BORROWER revenues, and warrants that these revenues shall not be used, for any other <br />purpose. <br /> <br />b. Establish Security Interest. The BORROWER agrees that, in order to provide a security <br />interest for the STATE in the pledged property so that the STATE shall have priority over all <br />other competing claims for said property, it shall execute an Amended Security Agreement <br />which sha!I replace Appendix C in the ORIGINAL CONTRACT, is attached hereto as <br />Attachment F and incorporated herein, and an Assignment of Deposit Account as Security, <br />which is attached as Appendix G and incorporated herein. The BORROWER acknowledges <br />that the STATE shall perfect its security interest in the BORROWER'S right to receive <br />assessment revenues by filing a UCC-1 Form with the Colorado Secretary of State. <br /> <br />4. The effective date of this Amendment is the date first written above. <br /> <br />5. Except for the SPECIAL PROVISIONS, in the event of any conflict, inconsistency, variance, or <br />contradiction between the provisions of this Amendment and any of the provisions of the ORIGINAL <br />CONTRACT, the provisions of this Amendment shall in all respects supersede, govern, and control. The <br />SPECIAL PROVISIONS shall always be controlling over other provisions in the contract or amendments. <br />The representations in the SPECIAL PROVISIONS conceming the absence of bribery or corrupt influences <br />and personal interest of STATE employees are presently reaffirmed. <br /> <br />6. Financial obligations of the state payable after the current fiscal year are contingent upon funds for that <br />purpose being appropriated, budgeted, and otherwise made available. <br /> <br />7. This amendment shall not be deemed valid or effective until it shall have been approved by the <br />controller of the State of Colorado or such assistant as he may designate. <br /> <br />IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the day first above <br />written. <br /> <br />CONTRAC, Vi'. Lower Arkansas VVater <br />Management A~ociatiolJ <br />/ , t/t' // <br /> <br />0[ClC: of COloraao <br />Roy '=',omer, Go,,'e:::C': <br /> <br />Bya U.~ <br /> <br />For the Executive Director <br />DEPARTMENT OF NATURAL RESOURCES <br />COLORADO WATER CONSERVATION BOARD <br />~ Daries C. Lile, P.E., Director <br /> <br />By <br /> <br /> <br />Federal 10 Number: 84-0637532 <br /> <br />Attest (Seal) <br /> <br />By <br /> <br /> <br />-L <br /> <br />ry <br /> <br />APPROVALS <br /> <br />By <br /> <br /> <br />By <br /> <br />,FFORD W. HALL <br /> <br />ATTORNEY GENERAL <br /> <br /> <br /> <br />, <br />\ <br />'~ <br />