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<br />a, Paragraph B,13, repayment provIsions, is replaced by Promissory Note,
<br />attached hereto as Appendix A and incorporated herein,
<br />
<br />b. Paragraph J is replaced with the following:
<br />
<br />J, Upon complete repayment of all principal, accrued interest, and
<br />late charges, if any, the State agrees to release all right, title, and interest
<br />in and to all security pledged to insure repayment of this loan, including but
<br />not limited to, the Borrower's pledge of revenues and the Borrower's
<br />Mountain Home Reservoir. .
<br />
<br />In Paragraph N, the Security Agreement and Financing Statement, attached as
<br />Exhibits G and H, respectively, are replaced by an Amended Security
<br />Agreement which contains the correct loan amount, attached as Appendix B
<br />and incorporated herein, and BORROWER acknowledges that the STATE shall
<br />perfect its security interest in the BORROWER'S right to receive assessment
<br />revenues by filing a UCC-1 Form with the Colorado Secretary of State,
<br />
<br />The Special Provisions are amended by the addition of the following:
<br />
<br />11, Pursuant to CRS 24-30-202.4 (as amended), the state controller may
<br />withhold debts owed . to state agencies under the vendor offset intercept
<br />system for: '(a) unpaid child support debt or child support arrearages; (b)
<br />unpaid balance of tax, accrued interest, or other charges . specified in Article
<br />22, Title 39, CRS; (c) unpaid loans due to the student loan division of the
<br />department of higher education; (d) owed amounts required to be paid to the
<br />unemployment compensation fund; and (e) other unpaid debts owing to the
<br />state or any agency thereof, the amount of which is found to be owing as a
<br />result of final agency determination or reduced to judgment as certified by the
<br />controller
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<br />1, The effective date of this Amendment is the date first written above.
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<br />2,
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<br />a,
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<br />b.
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<br />Except for the SPECIAL PROVISIONS, in the event of any conflict, inconsistency,
<br />variance, or contradiction between the provisions of this Amendment and any of the
<br />provisions of the ORIGINAL CONTRACT, the provisions of this Amendment shall in all
<br />respects supersede, govern, and control. The SPECIAL PROVISIONS shall always be
<br />controlling over other proVisions in the contract or amendments. The representations
<br />in the SPECIAL PROVISIONS concerning the absence of bribery or corrupt influences and
<br />personal interest of STATE employees are presently reaffirmed,
<br />
<br />3, Financial obligations of the state payable after the current fiscal year are contingent
<br />upon funds for that purpose being appropriated, budgeted, and otherwise made
<br />available,
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<br />4. This amendment shall not be deemed valid or effective until it shall have been
<br />approved by the controller of the State of Colorado or such assistant as he may
<br />designate.
<br />
<br />Trinchera Irrigation Company
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<br />Page 2 of 3
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<br />Contract Amendment NO.1
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