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<br />specifically modified herein, are to apply to this Amendment as though they were <br />expressly rewritten, incorporated, and included herein. <br /> <br />3. The Contractor agrees that it shall execute the following documents, all of which shall <br />set forth the revised loan amount of $206,352.70: <br /> <br />a. a Promissory Note, attached as Exhibit 1 and incorporated herein; and <br /> <br />b. an Amended Deed of Trust, attached as Exhibit 2 and incorporated herein. <br /> <br />4. It is agreed the ORIGINAL CONTRACT is and shall be modified, altered, and changed in <br />the following respects only: <br /> <br />a. Paragraph 8.10 is superseded and replaced by the Promissory Note attached <br />hereto as Exhibit 1. <br /> <br />b. Paragraph I is replaced by the following: <br /> <br />Upon complete repayment of the loan and all accrued interest, the State agrees <br />to convey to the Contractor all of the State's right, title and interest in and to the <br />project by a release of deed of trust. <br /> <br />c. Special Provisions are amended by the addition of the following: <br /> <br />Pursuant to CRS 24-30-202.4 (as amended), the state controller may withhold <br />debts owed to state agencies under the vendor offset intercept system for: (a) <br />unpaid child support debt or child support arrearages; (b) unpaid balance of tax, <br />accrued interest, or other charges specified in Article 22, Title 39, CRS; (c) <br />unpaid loans due to the student loan division of the department of higher <br />education; (d) owed amounts required to be paid to the unemployment <br />compensation fund; and (e) other unpaid debts owing to the state or any agency <br />thereof, the amount of which is found to be owing as a result of final agency <br />determination or reduced to judgment as certified by the controller <br /> <br />5. Except for the SPECIAL PROVISIONS, in the event of any conflict, inconsistency, <br />variance, or contradiction between the provisions of this Amendment and any of the <br />provisions of the ORIGINAL CONTRACT, the provisions of this Amendment shall in all <br />respects supersede, govern, and control. The SPECIAL PROVISIONS shall always be <br />controlling over other provisions in the contract or amendments. The representations <br />in the SPECIAL PROVISIONS concerning the absence of bribery or corrupt influences and <br />personal interest of STATE employees are presently reaffirmed. <br /> <br />6. Financial obligations of the state payable after the current fiscal year are contingent <br />upon funds for that purpose being appropriated, budgeted, and otherwise made <br />available. <br /> <br />7. This amendment shall not be deemed valid or effective until it shall have been <br />approved by the controller of the State of Colorado or such assistant as he may <br />designate. <br /> <br />City of Greeley <br /> <br />Page 2 of 3 <br /> <br />Contract Amendment No.2 <br />