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C153808 Contract
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C153808 Contract
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Last modified
12/30/2015 2:27:51 PM
Creation date
10/6/2006 12:26:51 AM
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Template:
Loan Projects
Contract/PO #
C153808
Contractor Name
Arkansas Groundwater Users Association
Contract Type
Loan
Water District
14
County
Pueblo
Bill Number
ARA
Loan Projects - Doc Type
Contract Documents
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<br />based on the new loan balance and remaining term of repayment. <br /> <br />G. At its September 2003 meeting, the CWCB approved a loan request to the BORROWER <br />for the purchase of 785 shares of stocl< in the Excelsior Irrigating Company. As a <br />condition of the loan approval, the CWCB rescinded the deferral of loan payments for <br />years 2004 and 2005, which results in the next payment, in the amount of $27,964.19, <br />due April 1 , 2004. <br /> <br />H. The parties agree to amend the ORIGINAL CONTRACT to defer the BORROWER'S loan <br />payment for years 2002 and 2003. <br /> <br />NOW THEREFORE, the parties hereby agree that <br /> <br />1. Consideration for this Amendment to the ORIGINAL CONTRACT consists of the payments <br />that shall be made pursuant to this Amendment and the ORIGINAL CONTRACT and the <br />promises and agreements herein set forth. <br /> <br />2. The parties expressly agree that this Amendment is supplemental to the ORIGINAL <br />CONTRACT and all terms, conditions, and provisions of the ORIGINAL CONTRACT, unless <br />specifically modified herein, are to apply to this Amendment as though they were <br />expressly rewritten, incorporated, and included herein. <br /> <br />3. The CWCB agrees to defer the BORROWER'S 2002 and 2003 loan payments. <br /> <br />4. The BORROWER agrees that it shall execute the following documents, all of which shall <br />set forth the revised loan amount of $600,872.67 (the loan amount of $566,380.12 at <br />the time of the deferral plus interest in the amount of $16,991.40 for 2002 and <br />$17,501.15 for 2003) and a repayment term of 35 years: <br /> <br />a. Promissory Note, attached as Appendix A and incorporated herein, which shall <br />replace and supersede the Promissory Note in the amount of $590,590, dated <br />February 20,1998, attached to the ORIGINAL CONTRACT as Appendix 2. <br /> <br />b. Security Agreement, attached hereto as Appendix B and incorporated herein, <br />which shall replace and supersede two Security Agreements: (1) Security <br />Agreement dated March 6, 1998, to secure 1,007 shares of stocl< in the Excelsior <br />Irrigating Company, and (2) Security Agreement dated February 20, 1998, to <br />secure the Borrower's revenues pledged to repay the loan, attached to the <br />ORIGINAL CONTRACT as Appendix 5 and Appendix 7, respectively. <br /> <br />c. Amendment to Deed of Trust, attached hereto as Appendix C and incorporated <br />herein, which shall supplement and operate in conjunction with the Deed of Trust, <br />dated March 6, 1998, attached to the ORIGINAL CONTRACT as Appendix 4. <br /> <br />4. The ORIGINAL CONTRACT is amended by the addition of the following paragraphs: <br /> <br />a. A.16. Contract Amendment Service Fees. Under certain circumstances, the <br />BORROWER shall be assessed a fee for amending the contract. <br /> <br />a. A service fee shall be imposed on the BORROWER for amendments processed <br />for the benefit of the BORROWER and necessary for the BORROWER'S course of <br /> <br />Page 2 of4 <br />
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