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<br />Linda 1. Bassi, Esq. <br />September 12, 1997 <br />Page 9 <br /> <br />"PROJECT COMPLETION," there will be an obligation to make interest only <br />payments of 2% per annum on the $825,000 disbursed. These interest payments <br />should be prorated for times less than one year. <br /> <br />* <br /> <br />Paragraph 4 should be revised to anticipate the possibility that HCwUA may receive <br />grant funds and use these to reduce the amount of the loan, as discussed above. <br /> <br />Amortization Schedule - Appendix 3 <br /> <br />* <br /> <br />The Amortization Schedule provided with the loan documents is incorrect. The loan <br />funds disbursed should accrue interest at the rate of 2% per annum until the sixth <br />year following PROJECT COMPLETION, at which time the interest rate should be <br />adjusted to allow for an effective interest rate of3% over the life of the loan. Please <br />see the two Amortization Schedules attached hereto which we believe correctly <br />achieve the above-stated requirements. (We believe that your Amortization Schedule <br />accrues interest at 3% per annum during the first five years of the loan, while <br />reducing the payment amounts, which yields a larger principal balance to accrue <br />interest in years 6-40.) <br /> <br />Revision Letter - Appendix 4 <br /> <br />* This document should refer to HCWUA as the "Borrower" rather than as the <br />"Contractor. " <br /> <br />Assignment of Certificate of Deposit - Appendix 5 <br /> <br />* <br /> <br />This document currently is misnumbered as Appendix 6. <br /> <br />* <br /> <br />This document should provide that interest generated by the Certificate of Deposit <br />will be released to HCWUA. <br /> <br />Deed of Trust - Appendix 6 <br /> <br />* The State should consider which Public Trustee should be involved with this <br />instrument. We believe that the Box Springs Water Rights historically have been <br />diverted and used in Crowley County. Under the Settlement Agreement, the point <br />of diversion for the water rights is not changed, even though the HCWUA members' <br />wells are located in El Paso, Elbert, and Lincoln counties. <br />