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<br />~Cr'\ll CT .I"MM~ <br /> <br />; 1 1-:4: U-ln ; l:l; :lll:JlM ; <br /> <br />..1U..1l1:.~..1U4U- <br /> <br />..1U..1 ggg ~41~'* ~ <br /> <br />. <br /> <br />. <br /> <br />AMENDED ESCROW AGREEMI:N.I <br /> <br />This Amended Escrow Agreement ("Escrow Agrccment" is madc and entered as of this <br />_ day of'Novembcr, 1997, by and betwcCll Box Springs Calllu and Reservoir Company ("HOl< <br />Springs''), Kenneth Caner, Ricky L. and Kay L. M&rl.."Us, Alvin E. Carter. Bryan C, Caner, Ricky L. <br />Markus, Cu~lodilln for Jade L. Markus and GlUTCtt J. Markus, Rad CllIter, Matthew M. C8rt~. <br />Alberta M. RUsher, and Clifford D, Patton (collectively the "CoDLracting Shareholders"). Horse <br />Creek Water Users Association ("HCWUA"), and Fint National Bank ofLimon, as Escrow Agent. <br /> <br />MelT ALS <br />A. Box Springs, the Contracting She.rcholdCl'lilll1d HCWUA have executed a Settlement <br />Agreement, effective as of January 29, 1997, as sub~cquently amended (the "Settlement <br />Agreement"), a Water Rights Purchase and Salc Agreement, effective as of January 29, ] 997, as <br />subsequently amended ("Purchase and Salc Agrecment'1 and Lease of Water Rights ("Water <br />Lease"), effective as of January 29, 1997, all of which are incolJloraled by this reference. The <br />purpose oflhis Escrow ^grccmCllt is to facilitat~ tlie depusit, invesnneot and disbursement of fimds <br />in accordance with the tenna of thcsc dOCwnClllS, nri~ Escrow Agreement is to be construed in <br />hannon)' with the tenns ofthosc agreemcnts and wilh Lbc tenns of Loan Contract \.153771 between <br />HCWUA and the Colorado Water COllservaliull Board ("CWCB"), which is incorporated by this <br />reference (the "HCWUAlCWCB Loall CUDlract'1. Box Springs and the Contracting Shareholders <br />sometimes are referred to collcctivcly hereillllli Lbe "Box Springs Sellers." <br /> <br />B. Escrow Agent is willing to aclllli escrow agent pursuant to the terms and conditions <br />of this Escrow Agreement. <br /> <br />C. PUTSuantto thc HCWUNCWCB Loan Contract. HCWUA ~hall convey a security <br />interest to the CWCB in the loan funds 1hat1iCWUA will deposit in the Escrow A.CCOlmt as <br />principal of said account. <br /> <br />, :~ <br />