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CONTRACT AMENDMENT <br /> Amendment No. 2 (Original Loan Contract No. CORE CT2015-051 <br /> C150338 <br /> Original CMS No. 50539 <br /> Amendment#1 CMS No. 77093 <br /> Amendment#2 CMS No. 84847 <br /> 1) PARTIES <br /> This Amendment No. 2(AMENDMENT)to the above-referenced ORIGINAL LOAN CONTRACT <br /> (hereinafter called the ORIGINAL CONTRACT) is entered into by and between Eckhardt Farms, Inc., <br /> 21454 Weld County Road 33, La Salle, CO 80645, a Colorado Corporation, (hereinafter called <br /> "BORROWER") and the STATE OF COLORADO (hereinafter called the "STATE") acting by and <br /> through the Department of Natural Resources, Colorado Water Conservation Board, (hereinafter <br /> called "CWCB"). <br /> 2) EFFECTIVE DATE AND ENFORCEABILITY <br /> This AMENDMENT shall not be effective or enforceable until it is approved and signed by the <br /> Colorado State Controller or designee (hereinafter called the"EFFECTIVE DATE"), but shall be <br /> effective and enforceable thereafter in accordance with its provisions. <br /> 3) FACTUAL RECITALS <br /> Eckhardt Farms was approved for a loan, from the CWCB, totaling $1,336,230.00 in September <br /> 2012 to finance the purchase of water rights (PROJECT). The PROJECT was substantially completed <br /> as of September 1, 2015. The Parties agree to amend the contract to reduce the final loan amount. <br /> The total amount disbursed under this contract was$1,232,035.88. An adjustment of$104,194.13 will <br /> be made to the contract for the funds no longer needed. <br /> 4) CONSIDERATION <br /> Consideration for this AMENDMENT to the ORIGINAL CONTRACT consists of the payments that shall be <br /> made pursuant to this AMENDMENT and ORIGINAL CONTRACT and the promises and agreements herein <br /> set forth. <br /> The Parties acknowledge that the mutual promises and covenants contained herein and other good <br /> and valuable consideration are sufficient and adequate to support this AMENDMENT. <br /> 5) LIMITS OF EFFECT <br /> This AMENDMENT is incorporated by reference into the ORIGINAL CONTRACT, and the ORIGINAL <br /> CONTRACT and all prior amendments thereto, if any, remain in full force and effect except as <br /> specifically modified herein. <br /> 6) MODIFICATIONS. <br /> The ORIGINAL CONTRACT No. CT2015-051 (C150338) and all prior amendments thereto, if any, are <br /> modified as follows: <br /> a) Amend the contract to reduce the final loan amount. The loan contract was substantially <br /> completed as of September 1, 2015. The total amount disbursed under this contract was <br /> $1,232,035.88. A decrease of $104,194.13 will be made to the total loan contract amount for <br /> the funds no longer needed. <br /> b) The BORROWER agrees that it shall execute the following documents, all of which shall set forth <br /> the revised loan amount of$1,232,035.88: <br /> I. AMENDMENT TO THE PROMISSORY NOTE, APPENDIX 3.1, AMENDMENT NO. 2, LOAN CONTRACT <br /> No. CT2015-051, in the amount of $1,232,035.88 and incorporated herein, which shall <br /> Amendment No.2 <br /> Page 1 of 3 <br />