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C150191 Contract
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C150191 Contract
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Last modified
6/10/2013 2:56:50 PM
Creation date
3/26/2007 10:48:45 PM
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Loan Projects
Contract/PO #
C150191
Contractor Name
Buffalo Farms Water Development, LLC
Contract Type
Loan
Water District
64
County
Logan
Loan Projects - Doc Type
Contract Documents
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<br />1. Consideration for this Amendment to the ORIGINAL CONTRACT consists of the payments <br />that shall be made pursuant to this Amendment and the 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 specifically <br />modified herein, are to apply to this Amendment as though they were expressly <br />rewritten, incorporated, and included herein. <br />3. The CWCB agrees that it shall loan the BORROWER an additional loan amount of <br />$81,000 plus the 1 % loan service fee for a loan amount of $277,245 to finance up to <br />90% of Project costs (ADDITIONAL LOAN AMOUNT). The terms for the ADDITIONAL LOAN <br />AMOUNT are an interest rate of 2.25% 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 />ORIGINAL CONTRACT as herein amended and the attached Promissory Note. <br />4. The BORROWER has adopted a resolution, irrepealable for the term of this loan, <br />authorizing the BORROWER to enter into this contract amendment to borrow the <br />ADDITIONAL LOAN AMOUNT, to establish and collect assessments sufficient to pay the <br />annual loan payments and to execute documents necessary to convey a security <br />interest in collateral, if necessary, to the CWCB. Said resolution is attached as <br />Appendix A. <br />5. Prior to the execution of this Amendment by the CWCB, the BORROWER shall submit <br />to the CWCB a letter from its attorney 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'S 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 from binding the BORROWER; and (4) this Amendment <br />will be valid and binding against the BORROWER if entered into by the CWCB. <br />6. The BORROWER agrees that it, or its members on behalf of the BORROWER, shall execute <br />the following documents, all of which shall set forth the loan amount of $277,245 which <br />includes the 1 % loan service fee: <br />a. Promissory Note, attached as Appendix B and incorporated herein, which shall <br />replace and supersede the Promissory Note in the amount of $195,435 dated <br />January 1, 2005, attached to the ORIGINAL CONTRACT as Appendix 2. <br />b. Amended Security Agreement, attached hereto as Appendix C and incorporated <br />herein, which shall supplement and operate in conjunction with the Security <br />Agreement dated January 1, 2005, attached to the ORIGINAL CONTRACT as Appendix <br />4. <br />c. Amended Deed of Trust, attached hereto as Appendix D and incorporated herein, <br />which shall supplement and operate in conjunction with the Deed of Trust dated <br />January 1, 2005, attached to the ORIGINAL CONTRACT as Appendix 5a. <br /> <br />d. Amended Deed of Trust, attached hereto as Appendix E and incorporated herein, <br />which shall supplement and operate in conjunction with the Deed of Trust dated <br />January 1, 2005, attached to the ORIGINAL CONTRACT as Appendix 5b. <br />e. A new Deed of Trust, attached hereto as Appendix F and incorporated herein, <br />which shall supplement and operate in conjunction with the Deeds of Trust dated <br />January 1, 2005, attached to the ORIGINAL CONTRACT as Appendices 5a and 5b. <br /> <br />Loan Contract C150191 Amendment No.1 <br />Page 2 of6 <br />
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