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3. The BORROWER agrees that it shall execute the following document, all of which shall
<br />set forth the revised loan amount of $114,241.35:
<br />a. Promissory Note, attached as Appendix A and incorporated herein, which shall
<br />replace and supersede the Promissory Note in the amount of $192,708 dated
<br />August 22, 2010, attached to the ORIGINAL CONTRACT as Appendix 2.
<br />b. Amended Security Agreement, attached hereto as Appendix B and incorporated
<br />herein, which shall supplement and operate in conjunction with the Security
<br />Agreement dated August 22, 2010, attached to the ORIGINAL CONTRACT as Appendix
<br />4.
<br />c. Amended Deed of Trust, attached hereto as Appendix C and incorporated herein,
<br />which shall supplement and operate in conjunction with the Deed of Trust dated
<br />August 22, 2010, attached to the ORIGINAL CONTRACT as Appendix 5.
<br />4. Except for the SPECIAL PROVISIONS, in the event of any conflict, inconsistency, variance,
<br />or contradiction between the provisions of this Amendment and any of the provisions of
<br />the ORIGINAL CONTRACT, the provisions of this Amendment shall in all respects
<br />supersede, govern, and control. The SPECIAL PROVISIONS shall always be controlling
<br />over other provisions in the contract or amendments. The representations in the
<br />SPECIAL PROVISIONS concerning the absence of bribery or corrupt influences and
<br />personal interest of STATE employees are presently reaffirmed.
<br />5. INDEMNIFICATION. Contractor shall indemnify, save, and hold harmless the State,
<br />its employees and agents, against any and all claims, damages, liability and court
<br />awards including costs, expenses, and attorney fees and related costs, incurred as a
<br />result of any act or omission by Contractor, or its employees, agents, subcontractors,
<br />or assignees pursuant to the terms of this contract.
<br />[Applicable Only to Intergovernmental Contracts] No term or condition of this
<br />contract shall be construed or interpreted as a waiver, express or implied, of any of
<br />the immunities, rights, benefits, protection, or other provisions, of the Colorado
<br />Governmental Immunity Act, CRS 24 -10 -101 et seq., or the Federal Tort Claims Act,
<br />28 U.S.C. 2671 et seq., as applicable, as now or hereafter amended.
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<br />Loan Contract C150310 Amendment No. 1
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