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<br />Ii' <br /> <br />modified herein, are to apply to this Amendment as though they were expressly rewritten, <br />incorporated, and included herein. <br /> <br />3. The CWCB agrees that it shall loan the BORROWER an additional loan amount of <br />$121,412 ($120,210 for Project costs and $1,202 for the 1 % Loan Service Fee) to finance <br />Project costs (ADDITIONAL LOAN AMOUNT). The terms for the ADDITIONAL LOAN AMOUNT <br />are an interest rate of 2.5% per annum for a term of 30 years. The BORROWER hereby <br />agrees to repay the loan in accordance with the terms of the ORIGINAL CONTRACT as herein <br />amended and the attached Promissory Note. <br /> <br />4. The BORROWER'S Board of Directors and Shareholders adopted resolutions dated <br />February 15, 2004, attached to the Original Contract as Appendix 3a and 3B, that <br />authorized the BORROWER to borrow the amount of $259,860 or such actual amount more <br />or less as may be needed by the Borrower and available from the CWCB <br /> <br />5. 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 was duly elected or appointed and has authority to <br />sign such documents on behalf of the BORROWER and to bind the BORROWER; (2) the <br />BORROWER'S governing body has validly adopted a resolution approving this <br />Amendment; (3) there are no provisions in the any state or local law that prevent this <br />Amendment from binding the BORROWER; and (4) this Amendment will be valid and <br />binding against the BORROWER if entered into by the CWCB. <br /> <br />6. The BORROWER agrees that it shall execute the following documents, all of which shall set <br />forth the loan amount of $381 ,272 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 $381,272, dated <br />September 20, 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 March 1, 2004, attached to the ORIGINAL CONTRACT as Appendix 4. <br /> <br />c. Amendment No. 1 to Deed of Trust, attached hereto as Appendix C and incorporated <br />herein, which shall supplement and operate in conjunction with the Deed of Trust dated <br />March 1, 2004, attached to the ORIGINAL CONTRACT as Appendix 5. <br /> <br />7. 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 />8. 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 />9. 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 />Page 2 of 3 <br /> <br />"~~ <br />