C150363 Contract - Laserfiche WebLink

Home Browse Search

III. DEED OF TRUST, Appendix C, AMENDMENT No. 1 TO LOAN CONTRACT NO. C150363, attached hereto as APPENDIX C and incorporated herein, which shall replace and supersede all original Deeds of Trust dated October 28, 2013 attached to the Original Contract as Appendices 5a, 5b, 5c and 5d. IV. STOCK ASSIGNMENTS, Appendices D1, D2 AND D3, AMENDMENT No. 1 TO LOAN CONTRACT No. C150363, attached hereto as APPENDICES D1, D2 AND D3 and incorporated herein, which shall replace and supersede all original Stock Assignments dated October 28, 2013 attached to the Original Contract as Appendices 6a, 6b, 6c and 6d. V. The BORROWER has adopted a resolution, irrepealable for the term of this loan, authorizing the BORROWER to enter into this contract amendment to make a change to the water rights stock certificates pledged for the repayment of the loan, and to execute documents necessary to convey a security interest in said collateral, if necessary, to the CWCB. Said resolution is attached as APPENDIX E. VI. Prior to the execution of this Amendment by the CWCB, the BORROWER shall submit to the CWCB a letter from its attorney stating that it is the attorney's opinion that (1) the person(s) signing for the BORROWER has authority to sign such documents on behalf of the BORROWER and to bind the BORROWER; (2) a resolution has been validly adopted 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. [THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK] Amendment No 1 to Loan Contract C150363 4 Page 2 of 3