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<br />BORROWER: BIJOU IRRIGATION DISTRICT Agency Name: Water Conservation Board
<br />Contract No. C150259 Agency Number PDA
<br />Original Loan Amount: $4,454,100 C��� 3 3 I-7 �
<br />Adjustment (Decrease): $434,353.99
<br />Adjusted Loan Amount: $4,019,746.01
<br />LOAN CONTRACT AMENDMENT NO. 2
<br />(STANDARD CONTRACT - WAIVER #160 - APPROVED NOVEMBER 1 O, 2003)
<br />This Amendment, made this May 9, 2011, 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 Bijou Irrigation District, P.O. Box 972, Fort
<br />Morgan, CO 80701, a Colorado nonprofit corporation ("BORROWER" or "CONTRACTOR").
<br />FACTUAL RECITALS
<br />A. Authority exists in the law, and funds have been budgeted, appropriated, and
<br />otherwise made available for payment in Contract Encumbrance Number C150259.
<br />B. Required approval, clearance, and coordination have been accomplished from and
<br />with appropriate agencies.
<br />C. The CWCB and the BORROWER entered into Contract Encumbrance Number
<br />C150259, dated March 7, 2008, and amended December 1, 2008 ("ORIGINAL
<br />CONTRACT"), incorporated herein by reference, wherein the CWCB agreed to loan
<br />money in the total amount up to $4,454,100, and the BoRROwER agreed to repay the
<br />loan in accordance with the terms of the ORi�nva� CoNTRacT.
<br />D. The project financed with the loan proceeds was substantially complete as of March
<br />1, 2011, and of the $4,454,100 loan amount available, the BORROWER US2d only
<br />$4,349,746.01
<br />E. In addition, BoRROwER made a principal pre-payment in the amount of $330,000, leaving
<br />a loan amount of $4,019,746.01.
<br />F. The parties agree to amend the contract to reduce the final loan amount to
<br />$4,019,746.01.
<br />NOW THEREFORE, it is hereby agreed that
<br />1. Consideration for this Amendment to the ORIGINAL CONTRACT consists of the
<br />payments that shall be made pursuant to this Amendment and ORi�irva� CoNTRacT
<br />and the promises and agreements herein set forth.
<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 />3. The BoRROwER agrees that it shall execute the following document, all of which shall
<br />set forth the revised loan amount of $4,019,746.01:
<br />Loan Contract C150259 Amendment No. 2
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