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I. AMENDMENT TO THE PROMISSORY NOTE.APPENDIX A,AMENDMENT No.1 TO LOAN
<br /> CONTRACT No.C150342,in the amount of$1,381,276 and incorporated herein,
<br /> which shall replace and supersede the original PROMISSORY NOTE dated February
<br /> 18. 2013, in the amount of $1,128,776, attached to the ORIGINAL CONTRACT as
<br /> APPENDIX 2.
<br /> ii. AMENDMENT TO THE SECURITY AGREEMENT, Appendix B AMENDMENT No.1 TO LOAN
<br /> CONTRACT NO.C150342, in the amount of$1,381,276 and incorporated herein,
<br /> which shall supplement and operate in conjunction with the SECURITY AGREEMENT,
<br /> dated February 18, 2013, in the amount of $1,128,776, attached to the ORIGINAL
<br /> CONTRACT as APPENDIX 4.
<br /> iii. AMENDMENT TO THE DEED OF TRUST,APPENDIX C.AMENDMENT No.1 TO LOAN
<br /> CONTRACT NO.C150342, in the amount of$1,381,276 and incorporated herein,
<br /> which shall supplement and operate in conjunction the DEED OF TRUST,dated
<br /> February 18, 2013, in the amount of $1,128,776, attached to the ORIGINAL
<br /> CONTRACT as APPENDIX 5.
<br /> iv. The BORROWER has adopted a Resolution, irrepealable for the term of this loan,
<br /> authorizing the BORROWER to enter into this contract amendment to borrow the
<br /> ADDITIONAL LOAN AMOUNT, to establish and collect assessments sufficient to pay the
<br /> annual loan payments, to pledge said assessments for repayment of the loan, and
<br /> to execute documents necessary to convey a security interest in said assessments
<br /> and collateral, if necessary, to the CWCB. Said resolution is attached as
<br /> APPENDIX D.
<br /> v. Prior to the execution of this Amendment by the CWCB, the BORROWER shall
<br /> submit to the CWCB a letter from its attorney stating that it is the attorney's opinion
<br /> that: (1) the person(s) signing for the BORROWER was duly elected or appointed
<br /> and has authority to sign such documents on behalf of the BORROWER and to bind
<br /> the BORROWER; (2) the BORROWER'S governing body has validly adopted a
<br /> resolution approving this Amendment; (3) there are no provisions in the any state
<br /> or local law that prevent this Amendment from binding the BORROWER; and(4) this
<br /> Amendment will be valid and binding against the BORROWER if entered into by the
<br /> CWCB.
<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.
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