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<br />, 1 <br /> <br />BORROWER: THE SPRING DALE DITCH CO. <br />Contract No. C150145 <br />Original Loan Amount $122,715 <br />Adjustment (Decrease): $77,389.81 <br />Adjusted Loan Amount $45,325.19 <br /> <br />Agency Name: Water Conservation Board <br />Agency Number PDA <br />Routing Number: 09 PDA C;(/Z; /2. <br /> <br />LOAN CONTRACT AMENDMENT No. 1 <br />(STANDARD CONTRACT - WAIVER #160 - ApPROVED NOVEMBER 10, 2003) <br /> <br />This Amendment, made this April 1, 2008, by and between the State of Colorado <br />for the use and benefit of the Department of Natural Resources, Colorado Water <br />Conservation Board ("CWCB"), and The Spring Dale Ditch Company, P.O. Box 109, <br />Sterling, CO 80751, a Colorado nonprofit corporation ("BORROWER" or "CONTRACTOR"). <br /> <br />FACTUAL RECITALS <br /> <br />A. Authority exists in the law, and funds have been budgeted, appropriated, and <br />otherwise made available for payment in Contract Encumbrance Number C150145. <br />B. Required approval, clearance, and coordination have been accomplished from and <br />with appropriate agencies. <br />C. The CWCB and the BORROWER entered into Contract Encumbrance Number <br />C150145, dated August 15, 2003 ("ORIGINAL CONTRACT"), incorporated herein by <br />reference, wherein the CWCB agreed to loan money in the total amount up to <br />$122,715, and the BORROWER agreed to repay the loan in accordance with the terms <br />of the ORIGINAL CONTRACT. <br />D. The Project was substantially complete as of October 1, 2007. <br />E. Of the $122,715 loan amount available, only $45,325.19 was disbursed to the <br />BORROWER for the PROJECT. <br />F. The parties agree to amend the contract to reduce the final loan amount. <br /> <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 BORROWER agrees that it shall execute the following documents, all of which shall <br />set forth the revised loan amount of $45,325.19: <br />a. Promissory Note, attached as Appendix A and incorporated herein, which shall <br />replace and supersede the Promissory Note in the amount of $122,715 dated <br />August 15, 2003, attached to the ORIGINAL CONTRACT as Appendix 2. <br /> <br />Page 1 of 5 <br />