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C150380 Contract
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C150380 Contract
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Last modified
12/30/2015 3:00:24 PM
Creation date
12/30/2013 11:27:43 AM
Metadata
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Template:
Loan Projects
Contract/PO #
CT2015-020
C150380
Contractor Name
Consolidated Home Supply Ditch and Reservoir Company
Contract Type
Loan
Water District
4
County
Larimer
Loan Projects - Doc Type
Contract Documents
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I. AMENDMENT TO THE PROMISSORY NOTE,APPENDIX A.AMENDMENT NO.1 TO LOAN CONTRACT <br /> No.C150380,in the amount of$519,140 and incorporated herein, which shall replace and <br /> supersede the original PROMISSORY NOTE dated November 21, 2013, in the amount of <br /> $448,400, attached to the ORIGINAL CONTRACT as APPENDIX 2. <br /> II. AMENDMENT TO THE SECURITY AGREEMENT, Appendix B AMENDMENT NO. 1 TO LOAN <br /> CONTRACT No.C150380, in the amount of$519,140 and incorporated herein, which shall <br /> supplement and operate in conjunction with the SECURITY AGREEMENT,dated November 21, <br /> 2013, in the amount of $448,400, attached to the ORIGINAL CONTRACT as APPENDIX 4. <br /> III. AMENDMENT TO THE DEED OF TRUST,APPENDIX C,AMENDMENT NO. 1 TO LOAN CONTRACT <br /> No.C150380, in the amount of$519,140 and incorporated herein, which shall supplement <br /> and operate in conjunction the DEED OF TRUST,dated December 10, 2013, in the amount of <br /> $448,400, attached to the ORIGINAL 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 ADDITIONAL <br /> LOAN AMOUNT, to establish and collect assessments sufficient to pay the annual loan <br /> payments, to pledge said assessments for repayment of the loan, and to execute <br /> documents necessary to convey a security interest in said assessments and collateral, if <br /> necessary, to the CWCB. Said resolution is attached as APPENDIX D. <br /> V. 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 /> 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. 1 to Loan Contract C150380 <br /> Page 2 of 3 <br />
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