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<br />3. The Contractor agrees that it shall execute the following documents, all of which shall set forth the <br />revised loan amount of $585,000: <br /> <br />a. a Promissory Note, attached as Exhibit A and incorporated herein, which shall supersede and <br />replace the Promissory Note attached to the ORIGINAL CONTRACT as Appendix 2; and <br /> <br />b. an Amended Security Agreement, attached as Exhibit B and incorporated herein, which <br />amends the Security Agreement attached to the Original Contract as Appendix 5. <br /> <br />4. The STATE agrees that it shall file a Request for Partial Release with the Custer County Clerk and <br />Recorder in the form attached as Exhibit C within fifteen working days from the date this <br />amendment is signed by the State Controller's Office. <br /> <br />5. It is agreed the ORIGINAL CONTRACT is and shall be modified, altered, and changed in the following <br />respects only: <br /> <br />a. Paragraph A.g, Promissory Note Provisions, is amended to revise the amount of the loan to <br />$585,000. <br /> <br />6. Except for the SPECIAL PROVISIONS, in the event of any conflict, inconsistency, variance, or <br />contradiction between the provisions of this Amendment and any of the provisions of the ORIGINAL <br />CONTRACT, the provisions of this Amendment shall in all respects supersede, govern, and control. <br />The SPECIAL PROVISIONS shall always be controlling over other provisions in the contract or <br />amendments. The representations in the SPECIAL PROVISIONS concerning the absence of bribery or <br />corrupt influences and personal interest of STATE employees are presently reaffirmed. <br /> <br />7. Financial obligations of the state payable after the current fiscal year are contingent upon funds for <br />that purpose being appropriated, budgeted, and otherwise made available. <br /> <br />8. This amendment shall not be deemed valid or effective until it shall have been approved by the <br />controller of the State of Colorado or such assistant as he may designate. <br /> <br />IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the day first <br />above written. <br /> <br />CONTRACTOR: The DeWeese Dye Ditch and <br />Reservoir Company, a Colorado nonprofit <br />corporation <br /> <br />By ~~ f); 8-~ <br />....Ronald D. Dorn, President <br /> <br />State of Colorado ~ <br />Bill o~nor /.-J . <br />By ~ VH~' <br />For the Executive Director <br />Department Of Natural Resources <br />Colorado Water Conservation Board <br />Dan McAuliffe, Acting Director <br /> <br />Federal Identification No. 84-0189215 <br /> <br />Attest (Seal) <br /> <br />By ;e. .. /'h. '">?t-.. ~ n=, <br />Rose M. Moschetti, Corporate Secretary <br /> <br /> <br />By <br /> <br />ARTHUR L~...fDT, ST <br />By ~.. . <br />