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BORROWER: BLACK DIKE PIPELINE <br />COMPANY <br />Contract No. C150249 <br />Original Loan Amount: $603,980 <br />Adjustment (Decrease): $337,649.78 <br />Adjusted Loan Amount: $266,330.22 <br />Agency Name: Water Conservation Board <br />Agency Number PDA <br />Ins <br />LOAN CONTRACT AMENDMENT NO. 1 <br />(STANDARD CONTRACT — WAIVER #160 — APPROVED NOVEMBER 10, 2003) <br />This Amendment, made this July 9, 2012, 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 Black Dike Pipeline Company, 15200 Road J, <br />Cortez, CO 81321, a Colorado nonprofit corporation ( "BORROWER" or "CONTRACTOR "). <br />FACTUAL RECITALS <br />A. Authority exists in the law, and funds have been budgeted, appropriated, and otherwise <br />made available for payment in Contract Encumbrance Number C150249. <br />B. Required approval, clearance, and coordination have been accomplished from and with <br />appropriate agencies. <br />C. The CWCB and the BORROWER entered into Contract Encumbrance Number C150249, <br />dated August 31, 2007 ( "ORIGINAL CONTRACT "), incorporated herein by reference, <br />wherein the CWCB agreed to loan money in the total amount up to $603,980, and the <br />BORROWER agreed to repay the loan in accordance with the terms of the ORIGINAL <br />CONTRACT. <br />D. The project financed with the loan proceeds was substantially complete as of October <br />1, 2008, and BORROWER made a principal pre - payment in the amount of $337,649.78, <br />leaving a loan amount of $266,330.22. <br />E. The parties agree to amend the contract to reduce the final loan amount to <br />$266,330.22. <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 $266,330.22: <br />a. Promissory Note, attached as Appendix A and incorporated herein, which shall <br />Loan Contract C150249 Amendment No. 1 <br />Page 1 of 5 <br />