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<br />NOW THEREFORE, it is hereby agreed that <br />1. Consideration for this Amendment to the ORIGINAL CONTRACT consists of the payments <br />that shall be made pursuant to this Amendment and ORIGINAL CONTRACT and the <br />promises and agreements herein set forth. <br />2. It is expressly agreed by the parties that this Amendment is supplemental to the <br />ORIGINAL 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. The parties agree that all references to Borrower in the ORIGINAL CONTRACT and Loan <br />Contract Amendment No. 1 shall refer and apply to ST. VRAIN. <br />4. ST. VRAIN agrees to assume all of the duties and obligations under the ORIGINAL <br />CONTRACT and Loan Contract Amendment No.1. <br />5. ST. VRAIN agrees that it shall execute the following documents, all of which shall set <br />forth the revised loan amount of $1 ,907,386.83: <br />a. Promissory Note, attached as Appendix A and incorporated herein, which shall <br />replace and supersede the Promissory Note in the amount of $2,002,400 dated <br />September 9, 2003, attached to the LOAN CONTRACT AMENDMENT No. 1 as <br />Appendix B. <br />b. Amendment to Security Agreement No.2, attached hereto as Appendix Band <br />incorporated herein, which shall supplement and operate in conjunction with the <br />Security Agreement dated September 9, 2003, attached to the LOAN CONTRACT <br />AMENDMENT No.1 as Appendix C. <br />6. 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 />7. 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. <br />8. 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 />2 <br />