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c) Prior to the execution of this AMENDMENT by the CWCB, the BORROWER shall submit to the <br /> CWCB an ATTORNEY OPINION 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 and has <br /> authority to sign such documents on behalf of the BORROWER and to bind the BORROWER; (2) <br /> the BORROWER'S governing body has validly adopted an ordinance approving this <br /> AMENDMENT; (3) there are no provisions in the any state or local law that prevent this <br /> AMENDMENT from binding the BORROWER; and (4) this AMENDMENT will be valid and binding <br /> against the BORROWER if entered into by the CWCB. <br /> d) The BORROWER agrees that it shall execute the following documents, all of which shall set forth <br /> the loan amount of$2,209,597: <br /> I. PROMISSORY NOTE, setting forth the terms of repayment and evidencing this loan, attached <br /> as ATTACHMENT B, and incorporated herein, which shall replace and supersede the <br /> PROMISSORY NOTE in the amount of $1,410,768 dated January 6, 2011 (APPENDIX 2 to the <br /> ORIGINAL CONTRACT) <br /> II. Amended SECURITY AGREEMENT, attached hereto as ATTACHMENT C and incorporated <br /> herein, which shall supplement and operate in conjunction with APPENDIX 4 to the ORIGINAL <br /> CONTRACT. <br /> III. Amended DEED OF TRUST, attached hereto as ATTACHMENT D and incorporated herein, <br /> which shall replace and supersede the DEED OF TRUST in the amount of$1,410,768 dated <br /> January 6, 2011 (APPENDIX 5 to the ORIGINAL CONTRACT). <br /> 7) EFFECTIVE DATE OF AMENDMENT <br /> The effective date hereof is upon approval of the State Controller or their delegate, whichever is later. <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 Contract, the provisions of <br /> this Amendment shall in all respects supersede, govern, and control. The most recent version of the <br /> Special Provisions incorporated into the Contract or any amendment shall always control other <br /> provisions in the 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 /> THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK <br /> Page 2 of 3 <br /> Effective Date:1/6/09 <br />