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incorporated, and included herein. 3. The CWCB agrees that it shall loan the BORROWER an additional loan amount of $30,300 ($30,000 for Project costs and $300 for the 1 % Loan SeNice Fee) to finance Project costs (ADDITIONAL LOAN AMOUNT). The terms for the ADDITIONAL LOAN AMOUNT are an interest rate of 2.75% per annum for a term of 30 years. The BORROWER hereby agrees to repay the loan in accordance with the terms of the ORIGINAL CONTRACT as herein amended and the attached Promissory Note. 4. The BORROWER'S Board of Directors and Shareholders adopted resolutions dated February 10, 2003 and July 12, 2003, attached to the Original Contract as Appendix 3a and 3b, that authorized the BORROWER to borrow the amount of $200,000 or such actual amount more or less as may be needed by the Borrower and available from the CWCB 5. Prior to the execution of this Amendment by the CWCB, the BORROWER shall submit to the CWCB a letter from its attorney stating that it is the attorney's opinion that (1) the person(s) signing for the BORROWER was duly elected or appointed and has authority to sign such documents on behalf of the BORROWER and to bind the BORROWER; (2) the BORROWER'S governing body has validly adopted a resolution approving this Amendment; (3) there are no provisions in the any state or local law that prevent this Amendment from binding the BORROWER; and (4) this Amendment will be valid and binding against the BORROWER if entered into by the CWCB. 6. The BORROWER agrees that it shall execute the following documents, all of which shall set forth the loan amount of $232,300 which includes the 1 % Loan SeNice Fee: a. Promissory Note, attached as Appendix A and incorporated herein, which shall replace and supersede the Promissory Note in the amount of $202,000, dated October 1, 2003, attached to the ORIGINAL CONTRACT as Appendix 2. b. Amended Security Agreement, attached hereto as Appendix B and incorporated herein, which shall supplement and operate in conjunction with the Security Agreement dated October 1, 2003, attached to the ORIGINAL CONTRACT as Appendix 4. c. Amendment No. 1 to Deed of Trust, attached hereto as Appendix C and incorporated herein, which shall supplement and operate in conjunction with the Deed of Trust dated October 1, 2003, attached to the ORIGINAL CONTRACT as Appendix 5. 7. Except for the SPECIAL PROVISIONS, in the event of any conflict, inconsistency, variance, or contradiction between the provisions of this Amendment and any of the provisions of the ORIGINAL CONTRACT, the provisions of this Amendment shall in all respects supersede, govern, and control. The SPECIAL PROVISIONS shall always be controlling over other provisions in the contract or amendments. The representations in the SPECIAL PROVISIONS concerning the absence of bribery or corrupt influences and personal interest of STATE employees are presently reaffirmed. 8. Financial obligations of the state payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. 9. This amendment shall not be deemed valid or effective until it shall have been approved by the controller of the State of Colorado or such assistant as he may designate. Loan Contract C150154 Amendment No. 1 Page 2 of 3 .