1. PARTIES
<br /> This Amendment (the "Amendment") to the Original Contract shown on the Signature and Cover Page for this
<br /> Amendment(the"Contract")is entered into by and between the Borrower,and the State.
<br /> 2. TERMINOLOGY
<br /> Except as specifically modified by this Amendment, all terms used in this Amendment that are defined in the
<br /> Contract shalt be construed and interpreted in accordance with the Contract.
<br /> 3. AMENDMENT EFFECTIVE DATE AND TERM
<br /> A. Amendment Effective Date
<br /> This Amendment shall not be valid or enforceable until the Amendment Effective Date shown on the
<br /> Signature and Cover Page for this Amendment. The State shall not be bound by any provision of this
<br /> Amendment before that Amendment Effective Date.
<br /> The Parties'respective performances under this Amendment and the changes to the Contract contained herein
<br /> shall commence on the Amendment Effective Date shown on the Signature and Cover Page for this
<br /> Amendment.
<br /> 4. PURPOSE
<br /> The Borrower was approved for a CWCB loan in September 2012 for the Mount Pisgah Dam-Wrights Reservoir
<br /> Outlet Works Rehabilitation Project,Loan Contract No.CT2015-027(C150341).The Project is completed and a
<br /> decrease of 5182,084.89 will be made for funds not needed.The parties agree to amend the contract to reduce
<br /> the final loan amount from$1,172,261.00 to$990,176.11.
<br /> 5. MODIFICATIONS
<br /> The Contract and all prior amendments thereto,if any,are modified as follows:
<br /> A. The original loan contract amount is hereby deleted and replaced with the Current Contract Maximum
<br /> Amount of$994,176.11,shown on the Signature and Cover Page for this Amendment.
<br /> B. Amendment to Promissory Note, Appendix A-2, in the revised loan amount, and incorporated herein shall
<br /> replace and supersede the Original Promissory Note attached to the Original Contract as Appendix 2, the
<br /> Amendment to Promissory Note, Appendix A to Contract Amendment No. 1, and the Amendment to
<br /> Promissory Note,Appendix A-1 to Contract Amendment No.2.
<br /> C. Amendment to Security Agreement,Appendix B-2,in the revised loan amount,and incorporated herein shall
<br /> supplement and operate in conjunction with the Original Security Agreement, attached to the Original
<br /> Contract as Appendix 4,the Amendment to Security Agreement,Appendix B to Contract Amendment No. 1,
<br /> and the Amendment to Security Agreement,Appendix B-1 to Contract Amendment No.2.
<br /> D. Amendment to Deed of Trust, Appendix C-3, in the revised loan amount, and incorporated herein shall
<br /> supplement and operate in conjunction with the Original Deed of Trust,attached to the Original Contract as
<br /> Appendix 5,the Amended Deed of Trust,Appendix C to Contract Amendment No. 1,the Amended Deed of
<br /> Trust, Appendix C-1 to Contract Amendment No. 2, and the Amended Deed of Trust, Appendix C-2 to
<br /> Contract Amendment No.3.The Amendment to Deed of Trust,Appendix C-3 to Contract Amendment No.4
<br /> shall be recorded with the Larimer County Clerk and Recorder.
<br /> 6. LIMITS OF EFFECT AND ORDER OF PRECEDENCE
<br /> This Amendment is incorporated by reference into the Contract,and the Contract and all prior amendments or other
<br /> modifications to the Contract, if any, remain in full force and effect except as specifically modified in this
<br /> Amendment. Except for the Special Provisions contained in the Contract,in the event of any conflict,inconsistency,
<br /> variance, or contradiction between the provisions of this Amendment and any of the provisions of the Contract or
<br /> any prior modification to the Contract,the provisions of this Amendment shall in all respects supersede,govern,and
<br /> control. The provisions of this Amendment shall only supersede, govern, and control over the Special Provisions
<br /> contained in the Contract to the extent that this Amendment specifically modifies those Special Provisions.
<br /> Page 2 of 2 Amendment CMS No.97430
<br />
|