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<br />878733 09/18J2008 09:4!A B986P789 DT <br />5 of 6 R 31.00 D 0.00 N 0.00 LOlan Counly CO <br /> <br />AMENDMENT No.1 TO DEED OF TRUST <br /> <br />Date: January 6, 2006 <br />Grantor (Borrower): Michael J. and Tamara R. Goss <br />Beneficiary (Lender): Colorado Water Conservation Board <br />Date of Deed of Trust: January 1, 2005 <br />County of Recording ("County"): Logan <br />Loan Contract: C150191, dated January 1, 2005, <br />amended January 6, 2006 <br />Promissory Note: $277,245,2.25%, 20 Years, dated <br />January 6, 2006 <br /> <br />This Amendment to the Deed of Trust is between the Grantor and the Public Trustee of the <br />County, State of Colorado. <br /> <br />The Original Deed of Trust, Appendix 5a to Contract No. 150191 dated January <br />1, 2005, secured repayment of the indebtedness evidenced by Loan Contract and <br />Promissory Note between the Grantor and the Beneficiary. <br /> <br />Based upon increases in construction costs, Grantor and Beneficiary have <br />agreed to amend the Original Deed of Trust to reflect the revised loan payment amount. <br /> <br />NOW THEREFORE, the CWCB and Grantor agree that: <br /> <br />1. The first full paragraph of the Original Deed of Trust is hereby amended to read as <br />follows: <br /> <br />The Grantor, through the Buffalo Farms Water Development, LLC, an entity of which <br />the Grantor is a member, has executed a Promissory Note dated January 6, 2006, to <br />secure the repayment of the indebtedness evidenced by Contract No. C150191, <br />dated January 6, 2006, as amended on January 6, 2006 for the total principal sum of <br />$277,245, to be repaid to the State of Colorado for the use and benefit of the <br />Department of Natural Resources, Colorado Water Conservation Board ("CWCB") <br />the beneficiary herein, whose address is 1580 Logan Street, Suite 750, Denver, CO <br />80203, payable in 20 annual installments, in accordance with said Promissory Note, <br />or until the loan is 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 D <br />Loan Contract C150191 Amendment No.1 <br />Page 1 of 2 <br />