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specifically modified herein, are to apply to this Amendment as though they were <br />expressly rewritten, incorporated, and included herein. <br />3. The CWCB agrees that it shall loan the BoRROwER an additional loan amount of <br />$120,000 plus the 1% loan service fee for a loan amount of $735,280 to finance up <br />t0 90% Of Pt'OJeCt COStS (ADDITIONAL LOAN AMOUNT�. Th2 tel'fT1S fOP th2 ADDITIONAL <br />LoaN AMOUtvT are an interest rate of 3.25% per annum for a term of 20 years. The <br />BORROWER hereby agrees to repay the loan in accordance with the terms of the <br />ORi�iNA� CorvTRacT as herein amended and the attached Promissory Note. <br />4. The BORROWER Board of Directors and Shareholders adopted resolutions dated <br />February 2, 2004, attached to the Original Contract as Appendix 3a and 3b, that <br />authorized the Borrower to bo�rrow the amount of $614,080 or such actual amount <br />more or less as may be neec�ed by the Borrower from the CWCB to finance the <br />project costs. <br />5. Prior to the execution of this Amendment by the CWCB, the BoRROwER shall submit <br />to the CWCB a letter from its ��ttorney stating that it is the attorney's opinion that (1) <br />the person(s) signing for the BoRROwER was duly elected or appointed and has <br />authority to sign such documents on behalf of the BORROWER and to bind the <br />BORROWER (2) the BORROWER governing body has validly adopted a resolution <br />approving this Amendment; (3) there are no provisions in the any state or local law <br />that prevent this Amendment iFrom binding the BoRROwER; and (4) this Amendment <br />will be valid and binding again;�t the BoRROwER if entered into by the CWCB. <br />6. The BoRROwER agrees that it s�hall execute the following documents, all of which shall <br />set forth the loan amount of $7.35,280 which includes the 1% loan service fee: <br />a. Promissory Note, attached as Appendix A and incorporated herein, which shall <br />replace and supersede thE: Promissory Note in the amount of $614,080 dated <br />August 1, 2004, attached to the ORi�iNa� CoNT�,cT as Appendix 2. <br />b. Amended Security Agreement attached hereto as Appendix B and incorporated <br />herein, which shall supplE;ment and operate in conjunction with the Security <br />Agreement dated August 1, 2004, attached to the ORi�iNa� CorvTFZacTas Appendix <br />4. <br />c. Amended Deed of Trust, attached hereto as Appendix C and incorporated herein, <br />which shall supplement arnd operate in conjunction with the Deed of Trust dated <br />August 1, 2004, attached to� the ORIGINAL CONTRACT eS AppG'f1dIX 5. <br />EXCept fOC th@ SPECIAL PROVISIONS in the event of any conflict, inconsistency, variance, or <br />contradiction between the provisio�ns of this Amendment and any of the provisions of the <br />ORIGINAL CONTRACT the provisioris of this Amendment shall in all respects supersede, <br />govern, and control. The SPECIAL PROVISIONS Shall always be controlling over other <br />provisions in the contract or ��mendments. The representations in the SPECIAL <br />PROVisioNS concerning the absenc,e of bribery or corrupt influences and personal interest <br />of STaTE employees are presently reaffirmed. <br />Financial obligations of the state ��ayable after the current fiscal year are contingent upon <br />funds for that purpose being apprc�priated, budgeted, and otherwise made available. <br />This amendment shall not be deemed valid or effective until it shall have been approved <br />by the controller of the State of Colorado or such assistant as he may designate. <br />Page 2 of 5 <br />