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<br />BORROWER: BOULDER AND WHITE ROCK
<br />DITCH AND RESERVOIR COMPANY
<br />Contract No. C150279
<br />Original Loan Amount: $2,864,164
<br />Adjustment (Decrease): $314,473.70
<br />Adjusted Loan Amount: $2,549,690.30
<br />Agency Name: Water Conservation Board
<br />Agency Number PDA
<br />Ct4,3 4�(- Nizz81
<br />LOAN CONTRACT AMENDMENT NO.2
<br />(STANDARD CONTRACT — WAIVER #160 — APPROVED NOVEMBER 10, 2003)
<br />This Amendment, made this January 12, 2012, by and between the State of
<br />Colorado for the use and benefit of the Department of Natural Resources, Colorado Water
<br />Conservation Board ( "CWCB "), and the Boulder and White Rock Ditch and Reservoir
<br />Company, 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 C150279.
<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 C150279,
<br />dated February 13, 2009, and amended December 15, 2009 ( "ORIGINAL CONTRACT "),
<br />incorporated herein by reference, wherein the CWCB agreed to loan money in the total
<br />amount up to $2,864,164, and the BORROWER agreed to repay the loan in accordance
<br />with the terms of the ORIGINAL CONTRACT.
<br />D. The project financed with the loan proceeds was substantially complete as of January
<br />1, 2012, and of the $2,864,164 loan amount available, the BORROWER used only
<br />$2,549,690.30.
<br />E. The parties agree to amend the contract to reduce the final loan amount to
<br />$2,549,690.30.
<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 document, all of which shall
<br />set forth the revised loan amount of $2,549,690.30:
<br />a. Promissory Note, attached as Appendix A and incorporated herein, which shall
<br />Loan Contract C150279 Amendment No. 2
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