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\J <br />AMENDMENT NO. 2 TO DEED OF TRUST <br />Date: <br />Grantor (Borrower): <br />Beneficiary (Lender): <br />Date of Deed of Trust: <br />Recording Date of Deed of Trust: <br />County of Recording ("County"): <br />Deed of Trust Recording Information: <br />Loan Contract: <br />Promissory Note <br />� <br />March 14, 2008 <br />Beaver Reservoir Company <br />Colorado Water Conservation Board <br />June 13, 2005, and amended October <br />30, 2006 <br />April 28, 2005, and amended recording <br />January 8, 2007 <br />Gunnison <br />564699 (2 pages) and 572100 (2 pages) <br />C150190, dated June 13, 2005, <br />amended October 30, 2006 and March <br />14, 2008 <br />$510,035, 2.5%, 30 Years, dated March <br />14, 2008 <br />This Amendment to the Deed of Trust is befinreen the Grantor and the Public Trustee of <br />the County, State of Colorado. <br />The Original Deed <br />indebtedness evidenced by <br />and the Beneficiary. <br />of Trust was recorded to secure repayment of the <br />Loan Contract and Promissory Note between the Grantor <br />As a result of unforeseen cost overruns during construction, Grantor requested an <br />increase to the loan amount which is evidenced by a new Promissory Note. <br />Grantor and Beneficiary have agreed to amend the Original Deed of Trust to reflect the <br />revised loan amount. <br />NOW THEREFORE, the CWCB and Grantor agree that: <br />1. The second full paragraph of the Original Deed of Trust is hereby amended to read as <br />follows: <br />The Grantor has executed a Promissory Note dated March 14, 2008, to secure the <br />repayment of the indebtedness evidenced by Contract No. C150190, dated June 13, 2005, <br />as amended on October 30, 2006 and March 14, 2008 for the total principal sum of <br />$510,035, to be repaid to the State of Colorado for the use and benefit of the Department of <br />Natural Resources, Colorado Water Conservation Board ("CWCB") the beneficiary herein, <br />whose address is 1313 Sherman Street, Room 721, Denver, CO 80203, payable in 30 <br />annual installments, in accordance with said Promissory Note, or until the loan is paid in full. <br />2. In the event of any conflict, inconsistency, variance, or contradiction between the provisions <br />of this amendment and any of the provisions of the original deed of trust, the provisions of <br />this amendment shall in all respects supersede, govern, and control. <br />3. Any provisions of the original deed of trust not expressly modified herein remain in full force <br />and effect. <br />Executed on the date first written above. <br />Appendix C to Loan Contract C150190 Amendment No. 2 <br />