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specifically modified herein, are to apply to this Amendment as though they were expressly rewritten, incorporated, and included herein. 3. The CWCB agrees that it shall loan the BoRROwER an additional loan amount of $50,200 plus the 1% loan service fee for a loan amount of $1,352,592 to finance up t0 90% of Project costs (ADDITIONAL LOAN AMOUNT). The t21"111S f01' th2 ADDITIONAL LoAN AnnoutvT are an interest rate of 2.85% per annum for a term of 30 years. The BoRROwER hereby agrees to repay the loan in accordance with the terms of the ORi�iNA� CotvTr�acT as herein amended and the attached Promissory Note. 4. Prior to the execution of this Amendment by the CWCB, the BORROWER shall submit to the CWCB a letter from its attorney stating that it is the attorney's opinion that (1) the person(s) signing for the BORROWER was duly elected or appointed and has authority to sign such documents on behalf of the BORROWER and to bind the BORROWER; (2) the BORROWER's governing body has validly adopted a resolution approving this Amendment; (3) there are no provisions in the any state or local law that prevent this Amendment from binding the BoRROwER; and (4) this Amendment will be valid and binding against the BoRROwER if entered into by the CWCB. 5. The BoRROwER agrees that it shall execute the following documents, all of which shall set forth the loan amount of $1,352,592 which includes the 1% loan service fee: a. Promissory Note, attached as Appendix A and incorporated herein, which shall replace and supersede the Promissory Note in the amount of $1,301,890 dated December 4, 2009, attached to the OR�GirvA� CorvTRacr as Appendix 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 4, 2009, attached to the ORIGINAL CONTRACT as Appendix 4. c. Amended Deed of Trust, attached hereto as Appendix C and incorporated herein, which shall supplement and operate in conjunction with the Deed of Trust dated December 4, 2009, attached to the ORi�iNA� CoNT�cT as Appendix 5. 6. Except for the SPECIAL PROVISIONS, in the event of any conflict, inconsistency, variance, or contradiction between the provisions of this Amendment and any of the provisions of the ORIGINAL CONTRACT, the provisions of this Amendment shall in all respects supersede, govern, and control. The SPECia� PROVisiotvs shall always be controlling over other provisions in the contract or amendments. The representations in the SPEC�A� PROV�stoNS concerning the absence of bribery or corrupt influences and personal interest of STaTE employees are presently reaffirmed. 7. Financial obligations of the state payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. 8. This amendment shall not be deemed valid or effective until it shall have been approved by the controller of the State of Colorado or such assistant as he may designate. . 9. INDEMNIFICATION. Contractor shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission by Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract. Page 2 of 5