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" ' 'C:< :.-~--_._.__. . e e PAGE OOCUf'lfENT ~3~;3E:J~~~ ~:g~8~ 8K 4696 PG 576 07/11/2008 at AMEND TO ' <., 10,00 S $1,00 Doc Code: Janice Rich, Mesa County, CO CLERK AND RECORDER Amendment No.1 to Deed of Trust Date: April 1, 2008 Grantor (Borrower): Headgate 396 Lateral Corporation Beneficiary (Lender): Colorado Water Conservation Board Date of Deed of Trust: February 26, 2007 Recording Date of Deed of Trust: April 17, 2007 County of Recording ("County"): Mesa Deed of Trust Recording Information: 2375418, BK 4402, PG 839 (3 pages) Loan Contract: C150234, dated February 26,2007, amended April 1, 2008 Promissory Note: $128,991.20,2.5%,30 years, dated April 1, 2008 This Amendment to the Deed of Trust is between the Grantor and the Public Trustee of the County, State of Colorado. The Original Deed of Trust was recorded to secure repayment of the indebtedness evidenced by Loan Contract and Promissory Note between the Grantor and the Beneficiary. Based upon a principal payment made by Grantor from funds delivered from the United Stated Department of Agriculture, the principal amount of the loan has been reduced. Grantor and Seneficiary have agreed to amend the Original Deed of Trust to $43,322.34 to reflect the revised principal and annual loan payment amount. NOW THEREFORE, the CWCB and Grantor agree that: 1. The second full paragraph of the Original Deed of Trust is hereby amended to read as follows: The Grantor has executed a Promissory Note dated April 1, 2008, to secure the repayment of the indebtedness evidenced by Contract No. C150234 dated August 8, 2005, as amended on April 1, 2008, for the total principal sum of $128,991.20, to be repaid to the State of Colorado for the use and benefit of the Department of Natural Resources, Colorado Water Conservation Board ("CWCB") the beneficiary herein, whose address is 1313 Sherman Street, Room 721, Denver, CO 80203, payable in 30 annual installments, in accordance with said Promissory Note, or until the loan is paid in full. 2. In the event of any conflict, inconsistency, variance, or contradiction between the provisions of this amendment and any of the provisions of the original deed of trust, the provisions of this amendment shall in all respects supersede, govern, and control. Appendix C to Loan Contract C150234 Amendment No.1 Page 1 of 2