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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 />3. The CWCB agrees that it shall loan the BORROWER an additional loan amount of <br />$429,806 plus the 1% loan service fee for a loan amount of $3,560,333 to finance <br />up to 90% of Project costs (ADDITIONAL LOAN AMOUNT). The terms for the ADDITIONAL <br />LOAN AMOUNT are an interest rate of 2.5% per annum for a term of 30 years. The <br />BORROWER hereby agrees to repay the loan in accordance with the terms of the <br />ORIGINAL CONTRACT 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 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) the BORROWER's has validly approved this Amendment at a meeting <br />of the stockholders; (3) there are no provisions in the any state or local law that <br />prevent this Amendment from binding the BORROWER; and (4) this Amendment will <br />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 $3,560,333 which includes the 1% loan service fee: <br />a. Promissory Note, attached as Appendix B and incorporated herein, which <br />shall replace and supersede the Promissory Note in the amount of <br />$3,104,053 dated July 24, 2007, attached to the ORIGINAL CONTRACT as <br />Appendix 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 July 24, 2007, attached to the ORIGINAL CONTRACT as Appendix <br />4. <br />c. Amended Deeds of Trust, attached hereto as Appendix D and Appendix E and <br />incorporated herein, which shall supplement and operate in conjunction with the <br />Deeds of Trust dated July 24, 2007, attached to the ORIGINAL CONTRACT as <br />Appendix 5 and 6. <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 />provisions of the ORIGINAL CONTRACT, the provisions of this Amendment shall in all <br />respects supersede, govern, and control. The SPECIAL PROVISIONS shall always be <br />controlling over other provisions in the contract or amendments. The representations <br />in the SPECIAL PROVISIONS concerning the absence of bribery or corrupt influences and <br />personal interest of STATE 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 />Page 2 of 5 <br />