REA Project Designation:
TENNESSEE 521-G DEKALB
------------------------
AMENDMENT
Dated as of June 20, 1961
to
TELEPHONE LOAN CONTRACT
Dated as of October 15, 1951, so amended,
between
DEKALB TELEPHONE COOPERATIVE
and
UNITED STATES OF AMERICA
UNITED STATES DEPARTMENT OF AGRICULTURE
RURAL ELECTRIFICATION ADMINISTRATION
No. 2
----
AGREEMENT, made as of June 20, 1961, pursuant to the Rural
Electrification Act of 1936, as amended (7 U.S.C. 901 et seq.) between DEKALB
TELEPHONE COOPERATIVE (hereinafter called the "Borrower"), a corporation
existing under the laws of the State of Tennessee, and UNITED STATES OF
AMERICA (hereinafter called the "Government"), acting through the
Administrator of the Rural Electrification Administration.
WHEREAS, the Government and the Borrower have heretofore entered into
a certain telephone loan contract, dated as of October 15, 1951, and five
certain amendments thereto, dated, respectively, as of March 9, 1953, as of
February 15, 1954, as of November 15, 1954, as of November 15, 1957, and as
of November 9, 1959 (said telephone loan contract, as so amended, being
hereinafter called the "Loan Contract"), and intend by this agreement to
amend the Loan Contract by increasing the aggregate amount of the loans
therein provided for by an amount not in excess of $115,000, and in certain
other respects; and
NOW, THEREFORE, for and in consideration of the mutual agreements
herein contained, the Government and the Borrower agree as follows:
SECTION 1. Section 1.1 of article I of the Loan Contract is
amended to read as follows:
SECTION 1.1. Amount and Purpose. For the purpose of furnishing
telephone service in rural areas, the Government shall lend and the
Borrower shall borrow an amount not in excess of $2,594,000 which,
together with the sum of $57,983 of equity funds to be deposited by the
Borrower in the "Special Construction Account" hereinafter defined and
provided for in section 2.4, shall be used to finance, pursuant to the
provisions of the Act, the acquisition, construction and operation of
telephone lines and facilities (hereinafter called the "Project") to
serve approximately 3,889 subscribers and to be located in the Counties
of Xxxxxx, DeKalb, Xxxxxxxxxx, Xxxxx and Xxxxxx, and in counties
contiguous thereto, all in the State of Tennessee.
SEC. 2. Section 2.1 of article II of the Loan Contract is amended
by adding thereto a new subsection lettered and reading as follows:
(G) Prerequisites to Advances on Account of Additional Loan
of $115,000. Notwithstanding anything in this agreement, the Government
shall be under no obligation to advance any portion of the increase of
$115,000 in the amount of the Loan provided for in the agreement, dated
as of June 20, 1961, made by and between the Borrower and the Government
unless and until the Borrower shall have submitted evidence, satisfactory
to the Administrator, that it has obtained good and sufficient title to
the existing telephone facilities owned by the New Middleton Telephone
Company, located at and in the vicinity of New Middleton, Tennessee.
SEC. 3. This agreement may be simultaneously executed and
delivered in two or more counterparts, each of which so executed and
delivered shall be deemed to be an original, and all shall constitute but one
and the same instrument.
IN WITNESS WHEREOF the Borrower has caused this agreement to be
signed in its corporate name and its corporate seal to be hereunto affixed
and attested by its officers thereunto duly authorized, and the Government
has caused this agreement to be duly executed, all as of the day and year
first above written.
DEKALB TELEPHONE COOPERATIVE
by /s/ X. Xxxx
President
(Seal)
Attest: /s/ Xxxx Xxxx
Secretary UNITED STATES OF AMERICA
by /s/ Xxxxxxx X. Xxxx
Acting Administrator
of
Rural Electrification Administration
