C150338 Contract

• Contract/PO #: CT2015-051
• Contract/PO #: C150338
• Contractor Name: Eckhardt Farms Inc
• Contract Type: Loan
• Water District: 1
• County: Weld
• Loan Projects - Doc Type: Contract Documents

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CONTRACT AMENDMENT
Amendment Original Loan Contract No. C150338 CORE: CT2015-051
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No.1 Original CMS No. 50539
Amendment CMS No 77093
1) PARTIES
This Amendment No.1 (AMENDMENT) to the above-referenced ORIGINAL LOAN CONTRACT (hereinafter
called the ORIGINAL CONTRACT) is entered into by and between Eckhardt Farms, Inc., 21454 Weld
County Road 33, La Salle, CO 80645, a Colorado Corporation, (hereinafter called "BORROWER") and
the STATE OF COLORADO (hereinafter called the "STATE") acting by and through the Department
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of Natural Resources, Colorado Water Conservation Board, (hereinafter called "CWCB").
2) EFFECTIVE DATE AND ENFORCEABILITY
This AMENDMENT shall not be effective or enforceable until it is approved and signed by the
Colorado State Controller or designee (hereinafter called the"EFFECTIVE DATE"), but shall be
effective and enforceable thereafter in accordance with its provisions.
3) FACTUAL RECITALS
Eckhardt Farms, Inc. was approved for a CWCB LOAN CONTRACT(C150338) for the Purchase of
Water Rights (PROJECT). A change in stock certificates was requested based upon the availability of
water rights. la
4) CONSIDERATION
Consideration for this AMENDMENT to the ORIGINAL CONTRACT consists of the payments that shall be
made pursuant to this AMENDMENT and ORIGINAL CONTRACT and the promises and agreements herein
set forth.
The Parties acknowledge that the mutual promises and covenants contained herein and other good
and valuable consideration are sufficient and adequate to support this AMENDMENT.
5) LIMITS OF EFFECT
This AMENDMENT is incorporated by reference into the ORIGINAL CONTRACT, and the ORIGINAL
CONTRACT and all prior amendments thereto, if any, remain in full force and effect except as
specifically modified herein.
6) MODIFICATIONS.
The ORIGINAL CONTRACT No. CT2015-051 (C150338) and all prior amendments thereto, if any, are
modified as follows:
a. Amend this contract to change the stock certificates pledged as COLLATERAL for this LOAN
CONTRACT.
b. The PROJECT SUMMARY,APPENDIX A,AMENDMENT NO. 1, LOAN CONTRACT No.CT2015-051
(C150338),attached hereto and incorporated herein, shall replace and supersede the original 2
PROJECT SUMMARY attached to the ORIGINAL CONTRACT as APPENDIX 1.
c. The BORROWER agrees that it shall execute the following documents, all of which shall set forth the
loan revisions:
I. SECURITY AGREEMENT, APPENDIX B, AMENDMENT No. 1, LOAN CONTRACT No.
CT2015-051 (C150338), and incorporated herein, which shall replace and
supersede the original Security Agreement dated November 13, 2012 attached to
the Original Contract as Appendix 4b.
Amendment No. 1
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