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<br />67S45404/28/200610:00A B~64P!10AMENDMfDf <br />1 of 2 R 11.00 D 0.00 N 0.00 Logan County CO <br /> <br />AMENDMENT No.2 TO DEED OF TRUST <br /> <br />Date: August8,2005 <br />Grantor (Borrower): Stromberger Land & Cattle Co. LLC <br />Beneficiary (Lender): Colorado Water Conservation Board <br />Date of Deed of Trust: May 1, 2003, amended July 1 , 2003 <br />Recording Date of Deed of Trust: May 13, 2003, amendment July 28, <br />2003 <br />County of Recording ("County"): Logan <br />Deed of Trust Recording Information: 657935 (4 pages), amendment 659315 <br />(4 pages) <br />Loan Contract: C150123, dated May 1, 2003, amended <br />August 8, 2005 <br />Promissory Note: $473,000,2.5% 20 Years, dated August <br />8,2005 <br /> <br />This Amendment to the Deed of Trust is between the Grantor and the Public Trustee of <br />Logan County, State of Colorado. <br /> <br />The Original and Amended Deeds of Trust were recorded to secure repayment <br />of the indebtedness evidenced by Loan Contract and Promissory Note between the <br />Grantor and the Beneficiary. <br /> <br />Based upon increased construction costs, Grantor and Beneficiary have agreed to <br />amend the Deeds of Trust dated May 1, 2003 and July 1, 2003 to a revised amount of <br />$473,000 to reflect the increased loan amount. <br /> <br />NOW THEREFORE, the CWCB and Grantor agree that: <br /> <br />1. The second full paragraph of the Original Deed of Trust dated May 1, 2003 is hereby <br />amended to read as follows: <br /> <br />The Grantor has executed a Promissory Note dated August 8, 2005, to secure the <br />repayment of the indebtedness evidenced by Contract No. C150123, dated May 1, <br />2003, as amended on August 8, 2005, for the total principal sum of $473,000, to be <br />repaid to the State of Colorado for the use and benefit of the Department of Natural <br />Resources, Colorado Water Conservation Board ("CWCB") the beneficiary herein, <br />whose address is 1313 Sherman Street, Room 721, Denver, CO 80203, payable in <br />20 annual installments, in accordance with said Promissory Note, or until the loan is <br />paid in full. <br /> <br />2. In the event of any conflict, inconsistency, variance, or contradiction between the <br />provisions of this amendment and any of the provisions of the original deed of trust, <br />the provisions of this amendment shall in all respects supersede, govern, and <br />control. <br /> <br />3. Any provisions of the original deed of trust not expressly modified herein remain in <br />full force and effect. <br /> <br />Appendix C to Loan Contract 150123 Amendment No.1 <br />Page 1 of 2 <br />