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CONTRACT AMENDMENT Amendment No.2 Original Loan Contract#C15o336 CORE No. CT-2015-o88 Original CMS No.50249 Amendment No.i CMS No.70346 Amendment No.2 CMS No. 90955 i) PARTIES This Amendment N0.2(AMENDMENT)to the above-referenced ORIGINAL LOAN CONTRACT (hereinafter called the ORIGINAL CONTRACT) is entered into by and between the Left Hand Ditch Company,a mutual ditch company, (hereinafter called"BORROWER" or"DISTRICT"), and the STATE OF COLORADO (hereinafter called the"STATE") acting by and through the Department of Natural Resources, Colorado Water Conservation Board, (hereinafter called "CWCB"). 2) EFFECTIVE DATE AND ENFORCEABILITY This AMENDMENT shall not be effective or enforceable until it is approved and signed by the Colorado State Controller or designee (hereinafter called the"EFFECTIVE DATE"), but shall be effective and enforceable thereafter in accordance with its provisions. 3) FACTUAL RECITALS The Left Hand Ditch Company was approved for a loan, from CWCB, for the Allen Lake and Lake Isabelle Repair Project (PROJECT). The PROJECT was substantially completed as of June 1,2oi6.The Parties agree to amend the contract to reduce the final loan amount.The total amount disbursed under this contract was$1,332,562.39.An adjustment of$142,744.61 will be made to the contract for the funds no longer needed. 4) CONSIDERATION Consideration for this AMENDMENT to the ORIGINAL CONTRACT consists of the payments that shall be made pursuant to this AMENDMENT and ORIGINAL CONTRACT and the promises and agreements herein set forth. 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 CONTRACT NO. CT2015-o88 (150336)and all prior amendments thereto, if any, are modified as follows: a. Amend the contract to reduce the final loan amount. The loan contract was substantially completed as of June 1, 2oi6. The total amount disbursed under this contract was $1,332,562.39.A decrease of$142,744.61 will be made to the total loan contract amount for the funds no longer needed. b. The BORROWER agrees that it shall execute the following documents, all of which shall set forth the revised loan amount of$1,332,562.39: i. AMENDMENT TO THE PROMISSORY NOTE APPENDIX A-1 AMENDMENT NO 2 TO LOAN CONTRACT No. CT2015-o88 (C'50336), in the amount of $1,332,562.39 and incorporated herein, which shall replace and supersede the ORIGINAL PROMISSORY NOTE, attached to the ORIGINAL CONTRACT as APPENDIX 2, dated August 20, 2o12, and the AMENDED PROMISSORY NOTE,Appendix A,Amendment No. i to the ORIGINAL CONTRACT, dated July 24, 2014. _— — --� Amendment No.2 —-----_--- --- ------- ---- = Page 1 of 3 — _ ----------- -