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<br />r <br /> <br />BORROWER: THE LAKE HENRY RESERVOIR <br />COMPANY <br />Contract No. C150098 <br /> <br />Agency Name: Water ConseNation Board <br />Agency Number PDA <br />Routing Number: 06 PDA ~jpt) 9 <br /> <br />LOAN CONTRACT AMENDMENT No.1 <br />(STANDARD CONTRACT-WAIVER#160-ApPROVED NOVEMBER 10, 2003) <br /> <br />This Amendment, made this July 27, 2005 by and between the State of Colorado <br />for the use and benefit of the Department of Natural Resources, Colorado Water <br />ConseNation Board ("CWCB"), and The Lake Henry ReseNoir Company, P.O. Box 8, <br />Ordway, CO 81063, a Colorado nonprofit corporation ("BORROWER" or "CONTRACTOR"). <br /> <br />FACTUAL RECITALS <br /> <br />A. Authority exists in the law, and funds have been budgeted, appropriated, and <br />otherwise made available for payment in Contract Encumbrance Number C150098. <br />B. Required approval, clearance, and coordination have been accomplished from and <br />with appropriate agencies. <br />C. The CWCB and the BORROWER entered into Contract Encumbrance Number <br />C150098, dated November 1, 2002 ("ORIGINAL CONTRACT"), incorporated herein by <br />reference, wherein the CWCB agreed to loan money in the total amount up to <br />$490,000, and the BORROWER agreed to repay the loan in accordance with the terms <br />of the ORIGINAL CONTRACT. <br />D. The Project was substantially complete as of May 1, 2005. <br />E. Of the $490,000 loan amount available, only $147,701.10 was disbursed to the <br />BORROWER for the PROJECT. <br />F. The parties agree to amend the contract to reduce the final loan amount. <br />NOW THEREFORE, it is hereby agreed that <br />1. Consideration for this Amendment to the ORIGINAL CONTRACT consists of the payments <br />that shall be made pursuant to this Amendment and ORIGINAL CONTRACT 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 BORROWER agrees that it shall execute the following documents, all of which shall <br />set forth the revised loan amount of $147,701.10: <br />a. Promissory Note, attached as Appendix A and incorporated herein, which shall <br />replace and supersede the Promissory Note in the amount of $490,000 dated <br />November 1, 2002, attached to the ORIGINAL CONTRACT as Appendix 2. <br /> <br />LOAN CONTACT NO. C150098 AMENDMENT NO.1 <br />Page 1 of 5 <br />