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<br />G. The STATE and the CONTRACTOR have agreed to amend this contract to increase the <br />amount of the loan by $71,000. <br /> <br />Now THEREFORE, the parties hereby agree that <br />1. Consideration for this Amendment to the ORIGINAL CONTRACT, as amended, consists of <br />the payments which shall be made pursuant to this Amendment and the ORIGINAL <br />CONTRACT, as amended, and the promises and agreements herein set forth. <br /> <br />2. It is expressly agreed by the parties that this Amendment is supplemental to the <br />ORIGINAL CONTRACT, as amended, and all ten1ls, conditions, and provisions thereof, unless <br />specifically modified herein, are to apply to thiS Amendment as though they were expressly <br />rewritten, incorporated, and included herein. <br />3. The CONTRACTOR'S Board of Directors and stockholders have adopted resolutions, <br />irrepealable for the term of this loan, authorizing the CONTRACTOR to enter into this contract <br />amendment to borrow the additional $71,000, to make and levy assessments sufficient to <br />pay the annual loan payments, and to incre~se the amount of the Certificate of Deposit <br />provided as collateral for the loan by $3,982.23. Said resolutions are attached hereto as <br />Attachment A. <br />4. Prior to the execution of this Amendment by the STATE, the CONTRACTOR shall submit <br />to the STATE a letter from its attorney stating tl1at it is the attorney's opinion that the person <br />signing for the CONTRACTOR was duly elected or appointed and has authority to sign such <br />documents on behalf of the CONTRACTOR and to bind the CONTRACTOR; that the <br />CONTRACTOR'S stockholders and board of directors have validly adopted resolutions <br />approving this Amendment; that there are nO provisions in the CONTRACTOR'S articles of <br />incorporation or by-laws or any state or local law that prevent this Amendment from <br />binding the CONTRACTOR; and that this Amendment will be valid and binding against the <br />CONTRACTOR if entered into by the STATE. <br /> <br />5. The CONTRACTOR agrees that it shall execute a Promissory Note, attached as <br />Attachment B and incorporated herein, which shall supersede and replace Exhibit 2 to <br />Amendment No. 1 to the ORIGINAL CONTRACT; an Assignment of Certificate of Deposit, <br />attached hereto as Attachment C and incorporated herein, which shall supersede and <br />replace Exhibit 4 to Amendment No. 1 to the ORIGINAL CONTRACT; and an amended Security <br />Agreement, attached as Attachment D and inCorporated herein, all of which shall set forth <br />the revised loan amount. The CONTRACTOR alsO agrees that, upon substantial completion of <br />the Project, it shall execute the Assignment of Deposit Account as Security attached as <br />Attachment E and incorporated herein, which shall supersede and replace Exhibit 5 to <br />Amendment NO.1 to the ORIGINAL CONTRACT. <br />6. It is agreed the ORIGINAL CONTRACT, as amended, is and shall be modified, altered, and <br />changed in the following respects only: <br />a) The second line of Paragraph A.9 of the ORIGINAL CONTRACT, as amended, <br />shall be amended to read as follows: "and evidencing this debt in the amount <br />of $453,250..." <br /> <br />b) The fourth line of Paragraph A.12 of the ORIGINAL CONTRACT, as amended, <br />shall be amended to read as follows: "established by the BORROWER in the <br /> <br />Buffalo Mutual Irrigation Company <br /> <br />Page 2 of 3 <br /> <br />Amendment No.2 <br />