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APPENDIX 3.3,AMENDMENT NO. 2 TO LOAN CONTRACT CT2015-051 <br /> AMENDMENT TO THE DEED OF TRUST <br /> Date: August 9, 2016 <br /> Grantor (Borrower): Eckhardt Farms, Inc., a Colorado Corporation <br /> Beneficiary (Lender): Colorado Water Conservation Board <br /> Date of Deeds of Trust: Original DOT: November 13, 2012, <br /> Amended DOT: May 4, 2015 <br /> County of Recording ("County"): Weld <br /> Loan Contract: CT2015-051 <br /> Promissory Note: $1,232,035.88 at 1.75% per annum for 30 <br /> years at an annual payment amount of <br /> $53,137.41 <br /> Recording, Original Deed of Trust <br /> Weld County Reception #:3906910, Recorded Date: 01/31/2013 <br /> Recording, Amended Deed of Trust <br /> Weld County Reception #4109597 Recorded Date: 05/22/2015 <br /> This Amendment to the ORIGINAL DEED OF TRUST is between the Grantor and the Public <br /> Trustee of the County, State of Colorado. <br /> The ORIGINAL DEED OF TRUST was recorded to secure repayment of the indebtedness <br /> evidenced by the LOAN CONTRACT and PROMISSORY NOTE between the Grantor and the <br /> Beneficiary. <br /> Grantor and Beneficiary have agreed to amend the ORIGINAL DEED OF TRUST to reflect <br /> the revised loan contract total amount. <br /> NOW THEREFORE, the CWCB and Grantor agree that: <br /> 1. This DEED OF TRUST, APPENDIX 3.3 to AMENDMENT 2 to CONTRACT No. CT2015-051, <br /> in the total loan amount of $1,232,035.88 and incorporated herein by reference, shall <br /> supplement and operate in conjunction with the ORIGINAL DEED OF TRUST dated <br /> November 13, 2012, attached to the ORIGINAL CONTRACT as APPENDIX 4a and the <br /> AMENDED DEED OF TRUST dated May 4, 2015, attached to AMENDMENT 1 as APPENDIX <br /> Cl. <br /> 2. The Grantor has executed a PROMISSORY NOTE, in the amount of $1,232,035.88 to <br /> secure the repayment of the indebtedness, evidenced by ORIGINAL LOAN CONTRACT <br /> No. CT2015-051, as amended by AMENDMENT No. 1 to the ORIGINAL LOAN <br /> CONTRACT, and AMENDMENT NO. 2 to the ORIGINAL LOAN CONTRACT and to be repaid <br /> to the State of Colorado for the use and benefit of the Department of Natural <br /> Resources, Colorado Water Conservation Board ("CWCB") the beneficiary herein, <br /> whose address is 1313 Sherman Street, Room 718, Denver, CO 80203, payable in <br /> annual installments, in accordance with said PROMISSORY NOTE, or until the loan is <br /> paid in full. <br /> 3. In the event of any conflict, inconsistency, variance, or contradiction between the <br /> provisions of this amendment and any of the provisions of the original deed of trust, <br /> the provisions of this amendment shall in all respects supersede, govern, and <br /> control. <br /> Appendix 3.3 to Amendment No.2 <br /> Page 1 of 2 <br />