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<br />incorporated, and included herein. <br /> <br />3. The CWCB agrees that it shall loan the BORROWER an additional loan amount of $17261 <br />($17,090 for Project costs and $171 for the 1% Loan Service Fee) to finance Project costs <br />(ADDITIONAL LOAN AMOUNT). The terms for the ADDITIONAL LOAN AMOUNT are an interest <br />rate of 2.5% per annum for a term of 30 years. The BORROWER hereby agrees to repay <br />the loan in accordance with the terms of the ORIGINAL CONTRACT as herein amended and <br />the attached Promissory Note. <br /> <br />4. Prior to the execution of this Amendment by the CWCB, the BORROWER shall submit to <br />the CWCB a letter from its attorney stating that it is the attorney's opinion that (1) the <br />person(s) signing for the BORROWER has authority to sign such documents on behalf of <br />the BORROWER and to bind the BORROWER; (2) there are no provisions in the any state or <br />local law that prevent this Amendment from binding the BORROWER; and (3) this <br />Amendment will be valid and binding against the BORROWER if entered into by the <br />CWCB. <br /> <br />5. The BORROWER agrees that it shall execute the following documents, all of which shall set <br />forth the loan amount of $352,000 which includes the 1 % Loan Service Fee: <br /> <br />a. Promissory Note, attached as Appendix A and incorporated herein, which shall <br />replace and supersede the Promissory Note in the amount of $334,739 dated <br />October 29, 2004, attached to the ORIGINAL CONTRACT as Appendix 2. <br /> <br />b. Amended Security Agreement, attached hereto as Appendix B and incorporated <br />herein, which shall supplement and operate in conjunction with the Security Agreement <br />dated October 29, 2004, attached to the ORIGINAL CONTRACT as Appendix 4. <br /> <br />c. Two amended deeds of trust, attached hereto as Appendices C and D and <br />incorporated herein, which shall supplement and operate in conjunction with the Deed <br />of Trust dated October 29, 2004, attached to the ORIGINAL CONTRACT as Appendices <br />3a and 3b. <br /> <br />6. Except for the SPECIAL PROVISIONS, in the event of any conflict, inconsistency, variance, or <br />contradiction between the provisions of this Amendment and any of the provisions of the <br />ORIGINAL CONTRACT, the provisions 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 amendments. The representations in the SPECIAL PROVISIONS <br />concerning the absence of bribery or corrupt influences and personal interest of STATE <br />employees are presently reaffirmed. <br /> <br />7. Financial obligations of the state payable after the current fiscal year are contingent upon <br />funds for that purpose being appropriated, budgeted, and otherwise made available. <br /> <br />8. 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 /> <br />LOAN CONTRACT C150174 Amendment No.1 <br />Page 2 of 3 <br />