C150327 Contract

• Contract/PO #: C150327
• Contractor Name: Big Elk Meadows Association
• Contract Type: Loan
• Water District: 4
• County: Boulder
• County: Larimer
• Loan Projects - Doc Type: Contract Documents

c. The BORROWER agrees that it shall execute the following documents, all of which shall set forth the
loan revisions:
I. AMENDED PROMISSORY NOTE, in the amount of$272,700 dated February 12, 2014, attached
as APPENDIX 2A and incorporated herein, which shall replace and supersede the
PROMISSORY NOTE in the amount of $272,700 dated January 14, 2012, attached to the
ORIGINAL CONTRACT as Appendix 2.
II. AMENDED DEED OF TRUST, dated February 12, 2014 attached as APPENDIX 5A and
incorporated herein, which shall replace and supersede the original DEED OF TRUST, dated
January 14, 2012 attached to the ORIGINAL CONTRACT as APPENDIX 5.
d. Prior to the execution of this AMENDMENT by the CWCB, the BORROWER shall submit to the
CWCB an ATTORNEY OPINION 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.
7) EFFECTIVE DATE OF AMENDMENT
The effective date hereof is upon approval of the State Controller or their delegate.
8) ORDER OF PRECEDENCE
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 Contract, the provisions of
this Amendment shall in all respects supersede, govern, and control. The most recent version of the
Special Provisions incorporated into the ORIGINAL CONTRACT or any amendment shall always control
other provisions in the ORIGINAL CONTRACT or any amendments.
9) AVAILABLE FUNDS
Financial obligations of the state payable after the current fiscal year are contingent upon funds for
that purpose being appropriated, budgeted, or otherwise made available.
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Effective Date: 1/6/09