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<br />BORROWER: HEADGATE 396 LATERAL <br />CORPORATION <br />Contract No. C150234 <br />Original Loan Amount $232,300 <br />Adjustment (Decrease): $103,308.80 <br />Adjusted Loan Amount $128,991.20 <br /> <br />Agency Name: Water Conservation Board <br />Agency Number PDA <br />Routing Number: 08 PDA tiIJ/J ~ <br /> <br />LOAN CONTRACT AMENDMENT No.1 <br /> <br />(STANDARD CONTRACT - WAIVER #160 - ApPROVED NOVEMBER 10, 2003) <br /> <br />This Amendment, made this April 1, 2008, by and between the State of Colorado <br />for the use and benefit of the Department of Natural Resources, Colorado Water <br />Conservation Board ("CWCB"), and the Headgate 396 Lateral Corporation, P.O. Box 2991, <br />Grand Junction, CO 81501, 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 otherwise <br />made available for payment in Contract Encumbrance Number C150234. <br /> <br />B. Required approval, clearance, and coordination have been accomplished from and with <br />appropriate agencies. <br /> <br />C. The CWCB and the BORROWER entered into Contract Encumbrance Number C150234, <br />dated February 26, 2007 ("ORIGINAL CONTRACT"), incorporated herein by reference, <br />wherein the CWCS agreed to loan money in the total amount up to $232,300, and the <br />BORROWER agreed to repay the loan in accordance with the terms of the ORIGINAL <br />CONTRACT. <br /> <br />D. The project financed with the loan proceeds was substantially complete as of <br />December 1, 2007, and of the $232,300 loan amount available, the BORROWER used <br />only $228,998.83. <br /> <br />E. On December 1,2007, the BORROWER made a payment of $100,007.63. Said payment <br />was applied to principal reduction, leaving a final loan amount of $128,991.20. <br /> <br />F. The parties agree to amend the contract to reduce the final loan amount to <br />$128,991.20. <br /> <br />NOW THEREFORE, it is hereby agreed that <br /> <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 /> <br />2. It is expressly agreed by the parties that this Amendment is supplemental to the <br />ORIGINAL CONTRACT, and all terms, conditions, and provisions thereof, unless <br />specifically modified herein, are to apply to this Amendment as though they were <br />expressly rewritten, incorporated, and included herein. <br /> <br />Loan Contract C150234 Amendment No.1 <br />Page 1 of 5 <br />