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<br />modified herein, are to apply to this Amendment as though they were expressly rewritten, <br />incorporated, and included herein. <br /> <br />3, The CWCB agrees to defer the BORROWER'S November 2003 loan payment and the <br />BORROWER agrees it shall resume repayment of the loan on November 1, 2004 in <br />accordance with the Promissory Note described in Paragraph 4.a below. <br /> <br />4. The BORROWER has executed the following documents, all of which set forth the revised loan <br />amount of $30,524.49 (the loan amount of $29,280.09 as of November 2003 plus interest of <br />$1,244.40 for 2003) and a repayment term of 3 years <br /> <br />a. Promissory Note attached as Appendix A and incorporated herein, which replaces <br />and supersedes Section 6 (Promissory Note Provisions) of the ORIGINAL CONTRACT. <br /> <br />b. Security Agreement to secure the BORROWER'S pledge of revenues, attached hereto as <br />Appendix B and incorporated herein, which replaces and supersedes the security <br />agreement dated May 11, 1994, attached to the ORIGINAL CONTRACT as Exhibit E <br /> <br />a. Amended Deed of Trust, attached hereto as Appendix C ~~i'JOI31Id herein, which <br />supplements and operates in conjunction with the Deed cI:T.tIS..&.., May 11, 1994, <br />attached to the ORIGINAL CONTRACT as Exhibit D. <br /> <br />5. The Contract is amended by the addition of the fOllowinIN F' TT T <br /> <br />13. Contract Amendment Service Fees. Under certain circumst~e~ORROWER <br />shall be assessed a fee for amending the contract. <br /> <br />a. A service fee shall be imposed on the BORROWER for amendments processed for <br />the benefit of the BORROWER and necessary for the BORROWER'S course of <br />business, including, but not limited to, a change in borrower name (novation), <br />assignment of contract, substitution of collateral, loan payment deferments in <br />excess of 3 per loan, and loan consolidation. Amendments in the course of <br />CWCB business, including, but not limited to, the first three loan payment <br />deferments and changes in terms of loan repayment will be processed at no <br />additional charge to the BORROWER. <br /> <br />b. The amount charged shall be the fee rate structure in accordance with the <br />CWCB Loan Service Charge Policy in effect at the time the BORROWER shall <br />request an amendment. The current fee for an amendment is $1,000. <br /> <br />c. The BORROWER shall remit the service fee to the CWCB prior to initiation of the <br />amendment. Any service fee remitted to the CWCB cannot be refunded. <br /> <br />Special Provision 11. VENDOR OFFSET. CRS 24-30-202 (1) & CRS 24-30-202.4 <br /> <br />Pursuant to CRS 24-30-202.4 (as amended), the State Controller may withhold debts <br />owed to State agencies under the vendor offset intercept system for: (a) unpaid child <br />support debt or child support arrearages; (b) unpaid balance of tax, accrued interest, or <br />other charges specified in Article 21, Title 39, CRS; (c) unpaid loans due to the Student <br />Loan Division of the Department of Higher Education; (d) owed amounts required to be <br />paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the <br />State or any agency thereof, the amount of which is found to be owing as a result of final <br />agency determination or reduced to judgment as certified by the controller. <br /> <br />Special Provision 12. Software Piracy Prohibition Governor's Executive Order <br /> <br />No State or other public funds payable under this Contract shall be used for the <br />acquisition, operation or maintenance of computer software in violation of United States <br />copyright laws or applicable licensing restrictions, The Contractor hereby certifies that, for <br /> <br />Page 2 of 3 <br />