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<br />J. The parties further agree that B.F. & M.E. is assuming all of the duties and obligations
<br />Ulld@I' th2 ORIGINAL CONTRACT
<br />NOW THEREFORE, it is hereby agreed that
<br />1. Consideration for this Amendment to the ORi�iNA� CoNrRacT consists of the payments
<br />that shall be made pursuant to this Amendment and ORi�iNa� CoNTwacT and the
<br />promises and agreements herein set forth.
<br />2. It is expressly agreed by the parties that this Amendment is supplemental to the
<br />ORIGINAL CONTRACT and all terms, conditions, and provisions thereof, unless
<br />specifically modified herein, are to apply to this Amendment as though they were
<br />expressly rewritten, incorporated, and included herein.
<br />3. The parties agree that all references to Borrower in the ORi�iNA� CoNrw4cr shall refer
<br />and apply to B.F. & M.E. PoRTER LLLP.
<br />4. B.F. & M.E. agrees to assume all of the duties and obligations under the ORi�iNA�
<br />CONTRACT.
<br />5. B.F. & M.E. agrees that it shall execute the following documents, all of which shall set
<br />forth the revised loan amount of $794,229.82 and the revised loan term of 15 years;
<br />a. Promissory Note, attached as Appendix A and incorporated herein, which shall
<br />replace and supersede the Promissory Note in the amount of $1,000,000 dated
<br />November 1, 2002, attached to the ORi�irva� CoNrr�cT as Appendix 2.
<br />b. Amendment to Deed of Trust, attached hereto as Appendix B and incorporated
<br />herein, which shall supplement and operate in conjunction with the Deed of Trust
<br />dated November 1, 2002, attached to the ORi�irvA� CoNTRacT as Appendix 3.
<br />6. 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 SPEC�A� PROVisioNS conceming the absence of bribery or corrupt influences and
<br />personal interest of STnTE employees are presently reaffirmed.
<br />7. 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 />8. 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 />9. INDEMNIFICATION. To the extent allowed by law, Contractor shall indemnify, save, and
<br />hold harmless the State, its employees and agents, against any and all claims, damages,
<br />liability and court awards including costs, expenses, and attorney fees and related costs,
<br />incurred as a result of any act or omission by Contractor, or its employees, agents,
<br />subcontractors, or assignees pursuant to the terms of this Contract.
<br />('Applicable Only to Intergovernmenta/ ContractsJ No term or condition of this Contract
<br />shall be construed or interpreted as a waiver, express or implied, of any of the immunities,
<br />rights, benefits, protection, or other provisions, of the Colorado Governmental Immunity Act,
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