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b) The BORROWER agrees that it shall execute the following documents, all of which shall set forth
<br />the revised loan amount of $13,130,000:
<br />AMENDMENT TO THE PROMISSORY NOTE, AMENDMENT NO. 2 TO LOAN CONTRACT NO.
<br />C150324, in the amount of $13,130,000, which is the loan amount as of May 2, 2013. This
<br />Amendment to the Promissory Note replaces the PROMISSORY NOTE (APPENDIX 2) dated
<br />April 11, 2012, to the ORIGINAL CONTRACT. AMENDMENT TO THE PROMISSORY NOTE reflects a
<br />change in the annual payments and is attached hereto as APPENDIX 2A and incorporated
<br />herein.
<br />AMENDMENT TO THE SECURITY AGREEMENT, AMENDMENT NO. 2 TO LOAN CONTRACT Nos
<br />C150324, attached hereto as APPENDIX 2B and incorporated herein, which shall
<br />supplement and operate in conjunction with the SECURITY AGREEMENT, APPENDIX 4, dated
<br />April 11, 2012, to the ORIGINAL CONTRACT and the SECURITY AGREEMENT, APPENDIX B,
<br />dated October 17, 2012, of the LOAN CONTRACT AMENDMENT No. 1.
<br />III. The BORROWER has adopted a resolution, irrepealable for the term of this loan, authorizing
<br />the BORROWER to enter into this contract amendment to borrow the ADDITIONAL LOAN
<br />AMOUNT, to establish and collect assessments sufficient to pay the annual loan payments,
<br />to pledge said assessments for repayment of the loan, and to execute documents
<br />necessary to convey a security interest in said assessments and collateral, if necessary, to
<br />the CWCB. Said resolution is attached as APPENDIX 2C.
<br />IV. Prior to the execution of this Amendment by the CWCB, the BORROWER shall submit to
<br />the CWCB a letter from its attorney stating that it is the attorney's opinion that (1) the
<br />person(s) signing for the BORROWER was duly elected or appointed and has authority to
<br />sign such documents on behalf of the BORROWER and to bind the BORROWER; (2) the
<br />BORROWER'S governing body has validly adopted a resolution approving this Amendment;
<br />(3) there are no provisions in the any state or local law that prevent this Amendment from
<br />binding the BORROWER; and (4) this Amendment will be valid and binding against the
<br />BORROWER if entered into by the CWCB.
<br />c) Amend this contract to include the release of the security interest of up to $5,000,000 in the
<br />BORROWER'S investment portfolio established between the BORROWER and Capital Investment
<br />Counsel, Inc., (See LOAN CONTRACT AMENDMENT No. 1, Paragraph 4, Page 2). The
<br />BORROWER has successfully completed Contract Conditions #1 through #5, (See ORIGINAL
<br />CONTRACT, APPENDIX 1, PROJECT SUMMARY SECTION 6, ADDITIONAL CONDITIONS AND
<br />CONTRACT REQUIREMENTS).
<br />7) EFFECTIVE DATE OF AMENDMENT
<br />The effective date hereof is upon approval of the State Controller or their delegate.
<br />8) ORDER OF PRECEDENCE
<br />Except for the Special Provisions, in the event of any conflict, inconsistency, variance, or contradiction
<br />between the provisions of this AMENDMENT and any of the provisions of the ORIGINAL CONTRACT, the
<br />provisions of this AMENDMENT shall in all respects supersede, govern, and control. The most recent
<br />version of the Special Provisions incorporated into the ORIGINAL CONTRACT or any amendment shall
<br />always control other provisions in the ORIGINAL CONTRACT or any amendments.
<br />9) AVAILABLE FUNDS
<br />Financial obligations of the state payable after the current fiscal year are contingent upon funds for
<br />that purpose being appropriated, budgeted, or otherwise made available.
<br />Amendment No. 2 to Loan Contract C150324
<br />Page 2 of 3
<br />Effective Date: 1/6109
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