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the amended Fund document ("Amended Fund AgreemenY'). H. In addition, the Project was substantially complete as of December 1, 2005. I. Of the $5,461,200 loan amount available under the Original Contract, only $2,526,174 was disbursed to the BoRROwER for the PRO~ECT. J. The parties also agree to amend the Original and the First Amended Contract to reduce the final loan amount. NOW THEREFORE, it is hereby agreed that 1. Consideration for this Second Amendment to the ORi~irva~ CoNTw~,cT consists of the payments that shall be made pursuant to this Amendment, and any additional payment required under the First Amendment aCld ORIGINAL CONTRACT and the promises and agreements herein set forth. 2. It is expressly agreed by the parties that this Second Amendment is supplemental to th@ ORIGINAL C ON7RACT A ND T HE F IRST A MENDMENT, and all terms, conditions, and provisions thereof, unless specifically modified herein, are to apply to this Amendment as though they were expressly rewritt n, rated, and included herein. 3. The BoRROwER agrees that it sh ~following documents, all of which shall set forth the revised loan amount~ 526 1 , a. Promissory Note, attache p ~I corporated herein, which shall replace and supersede th i~ry ote in the amount of $5,461,200 dated December 10, 2002, attac O t112 ORIGINAL CONTRACT aS App@IICIIX 2. b. Amended Security Agreement, attached hereto as Appendix B and incorporated herein, which shall supplement and operate in conjunction with the Security Agreement dated December 10, 2002, attached to the ORIGINAL CONTRACT as Appendix 4, and the First Amended Security Agreement dated September 1, 2005, attached as Appendix A to the First Amendment, in which the Borrower pledges respectively the Fund to repay the Original Loan and Borrower's revenues necessary to assure payment under the Original Contract of the annual debt service until such date as the Borrower makes its first payment to the CWCB from its Fund. c. Assignment of Investment Fund and Interest, attached hereto as Appendix C and incorporated herein, in which the BORROWER assigns, transfers and grants a security interest in the Fund. 4. Except for the SPECIAL PROVISIONS, in the event of any conflict, inconsistency, variance, or contradiction between the provisions of this Second Amendment and any Of thG pt'OVISIOf1S Of the ORIGINAL CONTRACT OR THE FIRST AMENDMENT, the provisions of this Second Amendment shall in a~l respects supersede, govern, and control. The SPECia~ PROVisioNS shall always be controlling over other provisions in the Original Contract or amendments. The representations in the SPECiA~ PROVisioNS concerning the absence of bribery or corrupt influences and personal interest of STaTE employees are presently reaffirmed. This second amendment shall not be deemed valid or effective until it shall have been approved by the controlfer of the State of Colorado or such assistant as he may designate. Loan Contract C150058A Amendment No. 2 Page 2 of 6