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<br />i- <br /> <br />.'--,1 <br /> <br />following respects only: <br /> <br />a. The second line of Paragraph A.9 shall be amended to read as follows: "debt in the <br />amount of $95,000..." <br /> <br />b. Paragraph A12, Collateral, is amended by the addition of the following: The Borrower <br />shall provide certificate(s) of deposit i(l the amount of $5,328.32, which is equal to one <br />annual payment based on the loan amount of $95,000. The Borrower shall also <br />provide an Assignment of Certificate of Deposit, attached hereto as Exhibit D, <br />executed by the Borrower and acknowledged by the issuing bank, and this assignment <br />shall replace the assignment attached to the Original Contract as Appendix 4. ' <br /> <br />5. The effective date of this Amendment is the date first written above. <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 <br />ORIGINAL CONTRACT, the provisions of this Amendment shall in all respects supersede, <br />govem, and control. The SPECIAL PROVISIONS shall always - be controlling over other <br />provisions in the contract or amendments. The representations in the SPECIAL PROVISIONS <br />conceming the absence of bribery or corrupt influences and personal interest of STATE <br />employees are presently reaffirmed. <br /> <br />7. Financial obligations of the state payable after the current fiscal year are contingent upon <br />funds for 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 <br />by the 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 <br />day first above written. <br /> <br />CONTRACTOR: The Durkee Ditch Company, <br />Inc., a Colorado nonprofit corporation <br /> <br />By ~p_p /3~ <br />Fred Burritt, President <br /> <br />FederallD Number: 84-1411463 <br /> <br />Attest (Seal) <br />(\ <br /> <br />By <br /> <br /> <br />State of Colorado <br />Bill Owens, Governor <br /> <br />BY\?~ ~.~~ <br /> <br />For the Executive Director <br />Department Of Natural Resources <br />Colorado Water Conservation Board <br />Peter H. Evans, Director, <br /> <br />. ~,,::;ss. :':~c...- r1.i4'tn~, <br />:~ORNEY GE~MGe;eral <br /> <br />~ .1,1"'1111 <br />~~s~!~nt Attornev GAn<>r.lI <br />'AC:le ,.ervlces Section <br /> <br />APPROVALS <br />APPROVALS: <br />STATE~~ftrROLLER <br />By f~RT R L. SA <br />~ <br /> <br />The Durkee Ditch Company, Inc. <br /> <br /> <br />;'\ <br /> <br />page 2 of 2 <br /> <br />Amendment No.1, <br />