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2. <br />3. <br />4. <br />5. <br />ra <br />PARTI ES <br />This Amendment (tl�e "Amendment") to the Original Coutract shown on the Signature and Cover Page for this <br />Amendment (the "Contract") is entered into by and bet�veen tlie Bori•owee, and the State. <br />TERMINOLOGY <br />EYcept as specifically modified by this Amendment, all terms used in this Amendment that are defined in the <br />Contract shall be construed and inteipreted in accordailce with the Contract. <br />AMrNDNIGNT EFFECTIVE DATE ANll TERM <br />A. Amendment Effective Date <br />This Amendment shall not be valid or enforceable imtil the Amendment F,ffective Date shown on the <br />Signature and Cover Page for t}�is 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 Cont��act contaiued herein <br />shall commence on the Amendment Effective Date shown on the Signature and Cover Page for this <br />Amendment. <br />PIJRPOS� <br />The Bon-ower was approved for a CWCB Emergency Loan Contract, due to the 2013 flood event, for the Emergency <br />Oligarelly Ditch River Diversion Structure Repair. The Bon•ower made a principal prepayment of $747,033.35. A <br />decrease of $189,430.8$ will also be made for funds not needed_ The Project is completed and the parties agree to <br />amend the contract to reduce the final loan amount fi�om $1,262,500.00 to $326,035.77. The parities also agree to <br />revise the language in the original Contract Condition, Appendix 1, Section 7, Ac�c�itional Condztions & Contrcrct <br />Ilequif�errlents. <br />MODIFICATIONS <br />The Contract and ali prior amendments thereto, if any, are modified as follows: <br />I1 <br />B. <br />The ori�inal loan contract aroount is hereby deleted and i•eplaced with the Cnrrent Cont�•act Maximum <br />Amount of $326,035.77, shown on the Signahu�e and Cover Page for this Amendment. <br />Amendment to Promissory Note, Appendix A, in the revised loan amount, and incorporated herein shall <br />replace and sz�persede the Original Promissory Note attached to the Ori;inal Contract as Appendix 2. <br />C. Amendment to Security Agreement, Appendix B, in the revised loan amount, and incorporated herein shcall <br />supplement cznd oper�nte in conja�nction with the Original Security Agreement, attached to the Original <br />Contract as Appendix 4. <br />D. Amendment to Deed of Tnist, Appendix C, in the revised loan amount, and incoiporated herein shall <br />scapplenaent anc� operate in conjzrnction with the Original Deed of Trlist, attached to the Original Contract as <br />Appendix 5. The Amendment to Deed of Trust shall be recorded with the Boulder County Clerk and <br />Recorder. <br />E. Delete the original Contract Condition in Appendix 1, Section 7, Aclditional Co�zditions & Contract <br />Requirements and replace with the followin� language: It is rec�z�if•ed that all FE11�IA gr•ant fi�nds be applied to <br />the bcrlance of the erner•gency loan tivithin thirty (30) ct�lendar• days after� FEMA Pr•olect Closeout, as long crs <br />the bo��rotiver� deposits f•eceived FEMA grant fi�nds in n sectcf•ed crccount pr•iof• to Pr�oject Closeout. The <br />sectlr•ed accozcnt shall only allotiv for• r•epery�nent of f•escinded grant ,fi�nds, or to pczy doivn the CtiVCB <br />emeygency loan principal. <br />LIMITS OF EFFECT AIVD ORDER OF PREC�DENCE <br />This Amendment is incorporated by reference into the Contract, and the Contract and all prior amendments or other <br />modifications to the Conh�act, if any, remain in fiill force and effect except as specifically modi�ed in this <br />Amendment. Except for the Special Provisions contained v� 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 contro] over the Special Provisions <br />contained in the Contract to the extent that this Amendment specifically inodifies those Special Provisions. <br />Page 2 of 2 Amendment CMS No. 98936 <br />