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C150357 Contract
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C150357 Contract
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Last modified
12/30/2015 2:51:53 PM
Creation date
1/14/2014 10:41:54 AM
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Loan Projects
Contract/PO #
C150357
Contractor Name
Boulder and Left Hand Irrigation Company
Contract Type
Loan
Water District
6
County
Boulder
Loan Projects - Doc Type
Contract Documents
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I. AMENDMENT TO THE PROMISSORY NOTE, AMENDMENT NO. 1 TO LOAN CONTRACT No. <br /> C150357, in the increased loan amount of $202,000, attached hereto as Appendix A and <br /> incorporated herein, reflects the change in the annual payment from $7,449.04 to <br /> $9,459.10. This Amendment to the Promissory Note replaces the PROMISSORY NOTE, <br /> APPENDIX 2 to the ORIGINAL CONTRACT dated December 30, 2013. <br /> II. AMENDMENT TO THE SECURITY AGREEMENT, AMENDMENT NO. 1 TO LOAN CONTRACT No. <br /> C150357, in the increased loan amount of $202,000, attached hereto as APPENDIX B and <br /> incorporated herein, which shall supplement and operate in conjunction with the SECURITY <br /> AGREEMENT,APPENDIX 4 to the ORIGINAL CONTRACT dated December 30, 2013. <br /> III. AMENDMENT TO THE DEED OF TRUST, AMENDMENT No.1 TO LOAN CONTRACT NO. C150357, <br /> in the increased loan amount of$202,000, attached hereto as APPENDIX C and incorporated <br /> herein, which shall replace and supersede the DEED OF TRUST, in the amount of $159,075, <br /> APPENDIX 5 to the ORIGINAL CONTRACT dated December 30, 2013. <br /> IV. The BORROWER has adopted a resolution, irrepealable for the term of this loan, authorizing <br /> the BORROWER to enter into this contract amendment to borrow the ADDITIONAL LOAN <br /> AMOUNT, to establish and collect assessments sufficient to pay the annual loan payments, <br /> to pledge said assessments for repayment of the loan, and to execute documents <br /> necessary to convey a security interest in said assessments and collateral, if necessary, to <br /> 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 C150357 <br /> Page 2 of 3 <br /> Effective Date: 1/6/09 <br />
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