CT2015-024 Amendment No. 2 - Laserfiche WebLink

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1. PARTIES This Amendment(the"Amendment")to the Original Contract(the"Contract")shown on the Signature and Cover Page for this Amendment is entered into by and between the Borrower("Borrower"or"Authority"),and the State ("CWCB"). 2. TERMINOLOGY Except as specifically modified by this Amendment,all terms used in this Amendment that are defined in the Contract shall be construed and interpreted in accordance with the Contract. 3. AMENDMENT EFFECTIVE DATE AND TERM A. Amendment Effective Date This Amendment shall not be valid or enforceable until the Amendment Effective Date shown on the Signature and Cover Page for this Amendment.The State shall not be bound by any provision of this Amendment before that Amendment Effective Date. The Parties' respective performances under this Amendment and the changes to the Contract contained herein shall commence on the Amendment Effective Date shown on the Signature and Cover Page for this Amendment. 4. PURPOSE The Borrower was approved for a CWCB Loan Contract on October 30,2013,for the Emergency Fossil Creek Reservoir Inlet Diversion Structure Repair.(Project).An amendment was approved on January 6,2016,to increase the total loan amount,to$846,680.00.The project is now completed and the parties agree to amend the contract to reduce the final loan amount by$38,836.24 to$846,222.20.(The Borrower has also made a pre-payment of $419,258.06 bringing the current principal balance to$426,964.14). 5. MODIFICATIONS The Contract and all prior amendments thereto,if any,are modified as follows: A. The previously revised loan contract total amount is hereby deleted and replaced with the Current Contract Maximum Amount of$846,222.20, shown on the Signature and Cover Page for this Amendment. No payments and zero interest for five(5)years followed by twenty-seven(27)years of amortized payments at the interest rate of 2.35%. B. Amendment to Promissory Note,Appendix A-I,in the revised loan amount and incorporated herein,shall replace and supersede the Original Promissory Note attached to the Original Loan Contract as Appendix 2 and the Amendment to Promissory Note,Appendix A,to Contract Amendment No. 1. C. Amendment to Security Agreement, Appendix B-1, in the revised loan amount and incorporated herein, shall supplement and operate in conjunction with the Original Security Agreement,attached to the Original Loan Contract as Appendix 4 and the Amendment to Security Agreement, Appendix B, to Contract Amendment No.1. D. Amendment to Deed of Trust, Appendix C-1, in the revised loan amount and incorporated herein, shall supplement and operate in conjunction with the Original Deed of Trust,attached to the Original Contract as Appendix 5 and the Amended Deed of Trust, Appendix C, to Contract Amendment No. I. The Amendment to Deed of Trust (Appendix C-I) shall be recorded with the Larimer County Clerk and Recorder. 6. LIMITS OF EFFECT AND ORDER OF PRECEDENCE This Amendment is incorporated by reference into the Contract,and the Contract and all prior amendments or other modifications to the Contract,if any,remain in full force and effect except as specifically modified in this Amendment. Except for the Special Provisions contained in the Contract, in the event of any conflict, inconsistency, variance,or contradiction between the provisions of this Amendment and any of the provisions of the Contract or any prior modification to the Contract, the provisions of this Amendment shall in all respects supersede, govern, and control. The provisions of this Amendment shall only supersede,govern,and control over the Special Provisions contained in the Contract to the extent that this Amendment specifically modifies those Special Provisions. Page 2 of 2 CT No.2015-024-CMS 121519