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<br />specifically modified herein, are to apply to this Amendment as though they were <br />expressly rewritten, incorporated, and included herein. <br />3. The CWCB agrees that it shall loan the BoRROwER an additional loan amount of <br />$1,436,220 including the 1% loan service fee for a loan amount of $2,090,700 to <br />finance up to 90% Of PPOJG'Ct COStS (ADDITIONAL LOAN AMOUNT~. The t2P~'1S fOC th8 <br />ADDITIONAL LOAN AMOUNT aC@ aCl If1t8r8St ~at8 Of 2.25% per annum for a term of 30 <br />years. The BoRROwER hereby agrees to repay the loan in accordance with the terms <br />of the OaiGiNa,~ CorvrRacr as herein amended and the attached Promissory Note. <br />4. The BoRROwER has adopted a resolution, irrepealable for the term of this loan, <br />authorizing the BORROWER to enter into this contract amendment to borrow the <br />ADDITIONAL LOAN AMOUNT, to establish and collect assessments sufficient to pay the <br />annual loan payments, to pledge said assessments for repayment of the loan, and to <br />execute documents necessary to convey a security interest in said assessments and <br />collateral, if necessary, to the CWCB. Said resolution is attached as Appendix A. <br />5. Prior to the execution of this Amendment by the CWCB, the BORROWER Shall Submit <br />to the CWCB a letter from its attorney stating that it is the attorney's opinion that (1) <br />the person(s) signing for the BoRROwER was duly elected or appointed and has <br />authority to sign such documents on behalf of the BORROWER and to bind the <br />BORROWER; (2~ tIl@ BORROWER's governing body has validly adopted a resolution <br />approving this Amendment; (3) there are no provisions in the any state or local law <br />that prevent this Amendment from binding the BoRROwER; and (4) this Amendment <br />will be valid and binding against the BoRROwER if entered into by the CWCB. <br />6. The BoRROwER agrees that it shall execute the following documents, all of which shall <br />set forth the loan amount of $2,090,700 which inciudes the 1% loan service fee: <br />a. Promissory Note, attached as Appendix B and incorporated herein, which shall <br />replace and supersede the Promissory Note in the amount of $654,480 dated <br />March 7, 2008, attaCll@Cl t0 the ORIGINAL CONTRACT aS AppenCllX 2. <br />b. Amended Security Agreement, attached hereto as Appendix C and incorporated <br />herein, which shall supplement and operate in conjunction with the Security <br />Agreement dated March 7, 2008, attached to the ORiGiNA~ CoNrRacT as Appendix <br />4. <br />7. Except for the SPECIAL PROVISIONS, in the event of any conflict, inconsistency, <br />variance, or contradiction between the provisions of this Amendment and any of the <br />pCOVISI0CIS Of th@ ORIGINAL CONTRACT, the provisions of this Amendment shall in all <br />respects supersede, govern, and control. The SPECiA~ PROVisiorvs shall always be <br />controlling over other provisions in the contract or amendments. The representations <br />in the SPECia~ PROVisioNS concerning the absence of bribery or corrupt influences and <br />personal interest of STarE employees are presently reaffirmed. <br />8. Financial obligations of the state payable after the current fiscal year are contingent <br />upon funds for that purpose being appropriated, budgeted, and otherwise made <br />available. <br />9. This amendment shall not be deemed valid or effective until it shall have been <br />approved by the controller of the State of Colorado or such assistant as he may <br />designate. <br />Page 2 of 5 <br />