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BORROWER: ORCHARD MESA IRRIGATION <br />DISTRICT, ACTING BY AND THROUGH THE <br />MUTUAL MESA LATERAL ENTERPRISE <br />Contract No. C153723 <br />Original Loan Amount $871,000 <br />Adjustment (Decrease): $401,186.96 <br />Adjusted Loan Amount $469,813.04 <br />LOAN CONTRACT <br />Agency Name: Water Conservation <br />Board <br />Agency Number <br />Routing Number: <br />PDA <br />06 PDA OG <br />AMENDMENT NO.1 <br />(STANDARD CONTRACT- WAIVER #160 - APPROVED NOVEMBER 10, 2003) <br />This Amendment, made this May 1, 2005, by and between the State of <br />Colorado for the use and benefit of the Department of Natural Resources, Colorado <br />Water Conservation Board ( "CWCB "), and Orchard Mesa Irrigation District acting by <br />and through the Mutual Mesa Lateral Enterprise ( "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 C153723, <br />Fund No. 424, Reporting Category 3723. <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 />C153723, dated December 2, 1996 ( "ORIGINAL C CT "), incorporated herein by <br />reference, wherein the CWCB agreed to loa in t al amount up to <br />$871,000, and the BORROWER agreed to r oa Irdance with the <br />terms of the ORIGINAL CONTRACT. <br />D. The project financed with the loan pro s s y complete as of May <br />1, 1997, and of the $871,000 loan amo av ' BORROWER used only <br />$861,827.01. <br />E. On June 1, 1997, the BORROWER made a p f $400,000 in accordance with <br />Paragraph A.9.f of the ORIGINAL CONTRACT. - payment was applied $7,986.03 <br />for interest accrued during construction of the oject and $392,013.97 was applied <br />to principal reduction, leaving a final loan amount of $469,813.04. <br />F. The BORROWER has made annual payments of $27,169.33 as required since May <br />1998, with a balance due of $403,650.53 as of April 11, 2005. <br />G. In accordance with CWCB Loan Policy No. 5 Collateral, the collateral for this loan <br />shall be amended to a pledge of revenues backed by a rate covenant and annual <br />statement of debt coverage. <br />H. The parties agree to amend the contract to reduce the final loan amount to <br />Page 1 of 5 <br />