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PROJ00144
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PROJ00144
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Last modified
3/26/2013 12:23:39 PM
Creation date
10/5/2006 11:39:06 PM
Metadata
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Template:
Loan Projects
Contract/PO #
C153347
Contractor Name
Starkville, Town of
Contract Type
Loan
Water District
19
County
Las Animas
Bill Number
SB 78-69
Loan Projects - Doc Type
Contract Documents
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NOW THEREFORE, it is hereby agreed that <br />1. Consideration for this AMENDMENT to the ORIGINAL LOAN CONTRACT consists of the <br />payments which shall be made pursuant to this AMENDMENT and ORIGINAL LOAN <br />CONTRACT and the promises and agreements herein set forth. <br />2. It is expressly agreed by the parties that this AMENDMENT is supplemental to the <br />ORIGINAL LOAN CONTRACT, and all terms, conditions, and provisions thereof, unless <br />specifically modified herein, are to apply to this AMENDMENT as though they were <br />expressly rewritten, incorporated, and included herein. <br />3. It is agreed the ORIGINAL LOAN CONTRACT is and shall be modified, altered, and <br />changed in the following respects only: <br />a. Paragraphs A.2 (a), (b) and (c) are revised as follows: The collateral for this <br />loan, currently secured by a deed, will now include the BORROWER'S water <br />revenues from assessments levied for that purpose backed by a rate covenant <br />and a facilities fee as authorized by the BORROWER'S RESOLUTION, attached <br />hereto as ATTACHMENT A and incorporated herein. <br />b. Paragraph A.9 (Promissory Note Provisions) is revised as follows: The <br />BORROWER shall execute the AMENDED PROMISSORY NOTE, attached hereto as <br />ATTACHMENT B and incorporated herein, which shall replace and supersede the <br />Promissory Note Provision of the ORIGINAL LOAN CONTRACT and Borrower <br />agrees to repay the loan in accordance with the terms as set forth in the <br />Promissory Note. <br />c. The BORROWER shall also execute an AMENDED SECURITY AGREEMENT, attached <br />hereto as ATTACHMENT C and incorporated herein, which shall supplement and <br />operate in conjunction with the Security Agreement Provision of the ORIGINAL <br />LOAN CONTRACT, to provide a security interest to the CWCB in the pledged <br />revenues and a facilities fee. The BORROWER will also provide annual financial <br />reporting. This brings them in compliance with CWCB Financial Policy #5. <br />d. The Borrower shall execute an AMENDED DEED OF TRUST, attached hereto as <br />ATTACHMENT D and incorporated herein, which shall replace and supersede the <br />Deed of Trust in the ORIGINAL LOAN CONTRACT C153347. <br />e. Add the following CORA Disclosure Language: To the extent not prohibited by <br />federal law, this CONTRACT and the performance measures and standards <br />under CRS §24- 103.5 -101, if any, are subject to public release through the <br />Loan Contract C153347 Amendment 2 <br />Page 2 of 6 <br />
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