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<br />BORROWER: BUFFALO FARMS WATER <br />DEVELOPMENT, LLC <br />Contract No. C150191 <br />Original Loan Amount $195,435 <br />Adjustment (Increase): $81,000 <br />Add'l Loan Service Fee $810 <br />Adjusted Loan Amount $277,245 <br /> <br />Agency Name: Water Conservation Board <br />Agency Number PDA <br />Routing Number: 06 PDA t)~ t>.5 Y <br /> <br />LOAN CONTRACT AMENDMENT No. 1 <br />(STANDARD CONTRACT - WAIVER #160 - ApPROVED NOVEMBER 10,2003) <br /> <br />This Amendment, made this January 6, 2006, by and between the State of <br />Colorado for the use and benefit of the Department of Natural Resources, Colorado Water <br />Conservation Board ("CWCB"), and Buffalo Farms Water Development, LLC, a Colorado <br />limited liability company, 1743 CR 25, Merino, Colorado 80741 ("BORROWER" or <br />"CONTRACTOR"). <br /> <br />FACTUAL RECITALS <br /> <br />A. Authority exists in the law, and funds have been budgeted, appropriated, and otherwise <br />made available for payment in Contract Encumbrance Number C150191. <br />B. Required approval, clearance, and coordination have been accomplished from and with <br />appropriate agencies. <br />C. The CWCB and the BORROWER entered into Contract Encumbrance Number C150191, <br />dated January 1, 2005 ("ORIGINAL CONTRACT"), incorporated herein by reference, <br />wherein the CWCB agreed to loan money in the total amount up to $195,435, and the <br />BORROWER agreed to repay the loan in accordance with the terms of the ORIGINAL <br />CONTRACT. <br />D. During construction of the Project, the BORROWER encountered unforeseen site <br />conditions, design modifications, and unforeseen cost increases for specific items <br />during construction. These items increased the cost of the PROJECT by $90,000. To <br />meet the increased costs, the BORROWER requested an additional $81,000 for a total <br />loan amount of $277,245. <br />E. Robert V. Sanderson, a Colorado individual, replaced JGMAC Investments Group, <br />LLC, as a member of the BORROWER. <br />F. At its November 16,2005 meeting, the CWCB approved increasing this loan by $81,810 <br />for a total loan amount of up to $277,245 to finance up to 90% of the total Project costs. <br />The terms for the additional loan amount are an interest rate of 2.25% per annum and <br />a repayment period of 20 years. A loan service fee of 1 % shall be imposed on the <br />additional loan amount in accordance with CWCB Policy No. 16. <br />G. The CWCB and the BORROWER have agreed to amend this contract to increase the <br />amount of the loan by $81,000 plus the 1 % loan service fee for a total loan amount of <br />up to $277,245 which may be used to finance up to 90% of the total Project cost. <br />NOW THEREFORE, it is hereby agreed that <br /> <br />Loan Contract C150191 Amendment No.1 <br />Page 1 of6 <br />