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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. C153623 and all prior amendments thereto, if any, are modified as follows: a) The BORROWER agrees that it shall execute the following documents, all of which shall set forth the revised repayment term of six (6) years: AMENDMENT No.1 TO PROMISSORY NOTE in the amount of $73,705.22, which is the loan amount as of August 1, 2011, replaces Paragraph A. 13, Page 7 of the ORIGINAL CONTRACT dated August 20, 1992. AMENDMENT NO. 1 TO PROMISSORY NOTE includes the addition of the accrued interest amount of $2,146.75 and reflects a change in the annual payments and is attached hereto as APPENDIX B and incorporated herein. II. AMENDMENT No.1 TO SECURITY AGREEMENT, attached hereto as APPENDIX C and incorporated herein, which shall supplement and operate in conjunction with the SECURITY AGREEMENT dated August 29, 1992, Paragraph A. 14, Page 8 of the ORIGINAL CONTRACT. III. AMENDMENT No.1 TO DEED OF TRUST, attached hereto as APPENDIX D and incorporated herein, which shall supplement and operate in conjunction with the DEED OF TRUST dated April 5, 1997, attached to the ORIGINAL CONTRACT and referenced in Paragraph A. 14, Page 8 of the ORIGINAL CONTRACT and incorporated herein by reference. IV. The BORROWER has adopted a RESOLUTION, irrepealable for the term of this loan, authorizing the BORROWER to enter into this contract amendment. Said resolution is attached as Appendix E V. Prior to the execution of this Amendment by the CWCB, the BORROWER shall submit to the CWCB a letter from its attorney stating that it is the attorney's opinion that (1) the person(s) signing for the BORROWER was duly elected or appointed and has authority to sign such documents on behalf of the BORROWER and to bind the BORROWER; (2) the BORROWER'S governing body has validly adopted a resolution approving this Amendment (which will become APPENDIX E to this amendment); (3) there are no provisions in the any state or local law that prevent this Amendment from binding the BORROWER; and (4) this Amendment will be valid and binding against the BORROWER if entered into by the CWCB. 7) EFFECTIVE DATE OF AMENDMENT The effective date hereof is upon approval of the State Controller or their delegate. 8) ORDER OF PRECEDENCE Except for the Special Provisions, in the event of any conflict, inconsistency, variance, or contradiction between the provisions of this AMENDMENT and any of the provisions of the ORIGINAL CONTRACT, the provisions of this AMENDMENT shall in all respects supersede, govern, and control. The most recent version of the Special Provisions incorporated into the ORIGINAL CONTRACT or any amendment shall always control other provisions in the ORIGINAL CONTRACT or any amendments. 9) AVAILABLE FUNDS Financial obligations of the state payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, or otherwise made available. Page 2 of 3 Effective Date: 1/6/09