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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 shall 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 Emergency Loan Contract,due to the 2013 flood event, for the Emergency <br /> Berm Repair.The Project was completed and the parties agree to amend the contract to reduce the final loan amount <br /> from$277,750.00 to$113,236.49.The parities also agree to revise the language in the original Contract Condition, <br /> Appendix 1,Section 7,Additional Conditions&Contract Requirements. <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$113,236.49 shown on the Signature and Cover Page for this Amendment. <br /> B. Amendment to Promissory Note, Appendix A, 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. <br /> C. Amendment to Security Agreement, Appendix B, 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. <br /> D. Amendment to Deed of Trust, Appendix C, 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 and shall be recorded with the Boulder County Clerk and Recorder. <br /> E. Delete the original Contract Condition in Appendix 1, Section 7, Additional Conditions & Contract <br /> Requirements and replace with the following language: It is required that all FEMA grant funds be applied to <br /> the balance of the emergency loan within thirty(30) calendar days after FEMA Project Closeout, as long as <br /> the borrower deposits received FEMA grant funds in a secured account prior to Project Closeout. The <br /> secured account shall only allow for repayment of rescinded grant funds, or to pay down the CWCB <br /> emergency loan principal. <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. 101053 <br />