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<br />Official Records of Morgan County, CO 849698 <br />6/2/08 11:01 AM P;s: 2 <br />~"~illl"llllllIrl~milllllllillhil~lllllrlllll~ 1111~II~flr - Conn i. Ingm i ~. <br /> <br />AMENDMENT No.1 TO DEED OF TRUST <br /> <br />Date: April 14, 2008 <br />Grantor (Borrower): Bijou Irrigation Company <br />Beneficiary (Lender): Colorado Water Conservation Board <br />Date of Deed of Trust: October 5,2007 <br />Recording Date of Deed of Trust: February 15, 2008 <br />County of Recording ("County"): Morgan <br />Deed of Trust Recording Information: 847755 (3 pages) <br />Loan Contract: C150255, dated October 5, 2007 <br />Promissory Note: $809,010, 2.25%,30 Years, dated April <br />14,2008 <br /> <br />This Amendment to the Deed of Trust is between the Grantor and the Public Trustee of <br />the County, State of Colorado. <br /> <br />The Original Deed of Trust was recorded to secure repayment of the <br />indebtedness evidenced by Loan Contract and Promissory Note between the Grantor <br />and the Beneficiary. <br /> <br />Based upon unforeseen cost overruns during construction, Grantor requested an <br />increase to the original loan amount. <br /> <br />Grantor and Beneficiary have agreed to amend the Original Deed of Trust to reflect the <br />revised loan amount. <br /> <br />NOW THEREFORE, the CWCB and Grantor agree that: <br /> <br />1. The first Factual Recital of the Original Deed of Trust is hereby amended to read as follows: <br /> <br />The Grantor has executed a Promissory Note dated April 14, 2008, to secure the repayment <br />of the indebtedness evidenced by Contract No. C150255, dated October 5, 2007, as <br />amended on April 14, 2008 for the total principal sum of $809,010, to be repaid to the State <br />of Colorado for the use and benefit of the Department of Natural Resources, Colorado <br />Water Conservation Board ("CWCB") the beneficiary herein, whose address is 1313 <br />Sherman Street, Room 721, Denver, CO 80203, payable in 30 annual installments, in <br />accordance with said Promissory Note, or until the loan is paid in full. <br /> <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 /> <br />3. Any provisions of the original deed of trust not expressly modified herein remain in full force <br />and effect. <br /> <br />Executed on the date first written above. <br /> <br />GRANTOR: Bijou Irrigation Company <br /> <br />(SEAL) <br /> <br />Appendix D to Loan Contract C150255 Amendment No.1 <br />