C153623 Paid in Full Documents

• Contract/PO #: C153623
• Contractor Name: Sanchez Ditch and Reservoir Company
• Contract Type: Loan
• County: Costilla
• Loan Projects - Doc Type: Contract Documents

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5) LIMITS OF EFFECT
This AMENDMENT is incorporated by reference into the ORIGINAL CONTRACT, and the ORIGINAL
CONTRACT and all prior amendments thereto, if any, remain in full force and effect except as
specifically modified herein.
6) MODIFICATIONS.
The ORIGINAL C NT C C153623 and all prior amendments thereto, if any, are modified as
follows:
a) Th
itagrees it shall execute the following documents, all of which shall set forth
the ised repter_ of ix (6) years:
I. A ND T O. ROMISSORY NOTE in the amount of$73,705.22, which is the loan
nt of ugust 1, 2011, replaces Paragraph A. 13, Page 7 of the ORIGINAL CONTRACT
•-t=• August 20, 1992. AMENDMENT No. 1 TO PROMISSORY NOTE includes the addition of the
accrued interest amount of$2,146.75 and reflects a change in the annual payments and is
attached hereto as APPENDIX B and incorporated herein.
II. AMENDMENT No.1 TO SECURITY AGREEMENT, attached hereto as APPENDIX C and
incorporated herein, which shall supplement and operate in conjunction with the SECURITY
AGREEMENT dated August 29, 1992, Paragraph A. 14, Page 8 of the ORIGINAL CONTRACT.
Ill. AMENDMENT No.1 TO DEED OF TRUST, attached hereto as APPENDIX D and incorporated
herein, which shall supplement and operate in conjunction with the DEED OF TRUST dated
April 5, 1997, attached to the ORIGINAL CONTRACT and referenced in Paragraph A. 14, Page
8 of the ORIGINAL CONTRACT and incorporated herein by reference.
IV. The BORROWER has adopted a RESOLUTION, irrepealable for the term of this loan,
authorizing the BORROWER to enter into this contract amendment. Said resolution is
attached as Appendix E
V. 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 was duly elected or appointed and has authority to
sign such documents on behalf of the BORROWER and to bind the BORROWER; (2) the
BORROWER'S governing body has validly adopted a resolution approving this Amendment
(which will become APPENDIX E to 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 ORIGINAL 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.
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Effective Date: 1/6/09