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<br />BORROWER: LOWER BAUER WEST <br />LATERAL, INC <br />Contract No. C150186 <br />Original Loan Amount $196,950 <br />Adjustment (Increase/Decrease): <br />$111,576.56 <br />Adjusted Loan Amount $85,373.44 <br /> <br />Agency Name: Water Conservation Board <br />Agency Number PDA . <br />Routing Number: 07 PDA /Jp~f-, <br /> <br />LOAN CONTRACT AMENDMENT No. 1 <br />(STANDARD CONTRACT-WAIVER#160-ApPROVED NOVEMBER 10, 2003) <br /> <br />This Amendment, made this November 1, 2006, by and between the State of <br />Colorado for the use and benefit of the Department of Natural Resources, Colorado <br />Water Conservation Board ("CWCB"), and LOWER BAUER WEST LATERAL, INC, P.O. Box <br />1045, Mancos, CO 81328, a Colorado nonprofit corporation ("BORROWER" or <br />"CONTRACTOR") . <br /> <br />FACTUAL RECITALS <br /> <br />A. Authority exists in the law, and funds have been budgeted, appropriated, and <br />otherwise made available for payment in Contract Encumbrance Number C150186. <br />B. Required approval, clearance, and coordination have been accomplished from and <br />. with appropriate agencies. <br />C. The CWCB and the BORROWER entered into Contract Encumbrance Number <br />C150186, dated August 15, 2005, ("ORIGINAL CONTRACT"), incorporated herein by <br />reference, wherein the CWCB agreed to loan money in the total amount up to <br />$196,950, and the BORROWER agreed to repay the loan in accordance with the terms <br />of the ORIGINAL CONTRACT. <br />D. Pursuant to the Original Contract, the Borrower submitted to the CWCB the amount <br />that it was reimbursed by the National Resource Conservation Service (NRCS), and <br />the payment was applied to the Borrower's loan principal balance. This <br />reimbursement amount from the NRCS was less than that Borrower and CWCB had <br />anticipated under the Original Contract. <br />E. As a result of the amount of the reimbursement by the NRCS to the Borrower, at its <br />July 2006 meeting the CWCB approved revising the amount of the post-construction <br />loan to the Borrower to $85,373.44, including the 1 % loan service fee. The terms for <br />the revised loan amount are an interest rate of 2.5% per annum and a repayment <br />period of 30 years. <br />F. The parties agree to amend the contract to revise the final loan amount. <br />NOW THEREFORE, it is hereby agreed that <br />1. Consideration for this Amendment to the ORIGINAL CONTRACT consists of the payments <br />that shall be made pursuant to this Amendment and 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 /> <br />Page 1 of 5 <br />