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<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 CWCB agrees that it shall loan the BORROWER an additional loan amount of <br />$471,500, including that 1 % loan service fee, with repayment terms of 4% per <br />annum for a term of 30 years. The BORROWER hereby agrees to repay the loan in <br />accordance with the terms of the ORIGINAL CONTRACT as herein amended and the <br />attached Promissory Note. <br />4. The BORROWER adopted a resolution dated May 14, 2003, attached to the ORIGINAL <br />CONTRACT as Appendix 3, that authorized the BORROWER to borrow the actual amount <br />needed for construction of the PROJECT, as well as to establish and collect <br />assessments sufficient to pay the annual loan payments, to pledge said assessments <br />for repayment of the loan, and to execute documents necessary to convey a security <br />interest in said assessments and collateral, if necessary, to the CWCB. <br />5. Prior to the execution of this Amendment by the CWCB, the BORROWER shall submit <br />to the CWCB a letter from its attorney stating that it is the attorney's opinion that (1) <br />the person(s) signing for the BORROWER was duly elected or appointed and has <br />authority to sign such documents on behalf of the BORROWER and to bind the <br />BORROWER; (2) the BORROWER'S governing body has validly adopted a resolution <br />approving this Amendment; (3) there are no provisions in the any state or local law <br />that prevent this Amendment from binding the BORROWER; and (4) this Amendment <br />will be valid and binding against the BORROWER if entered into by the CWCB. <br />6. The BORROWER agrees that it shall execute the following documents, all of which shall <br />set forth the loan amount of $1 ,471 ,500: <br />a. Promissory Note, attached as Appendix A and incorporated herein, which shall <br />replace and supersede the Promissory Note in the amount of $1,000,000, dated <br />May 1, 2003, attached to the ORIGINAL CONTRACT as Appendix 2. <br />b. Amendment No. 1 to Security Agreement, attached hereto as Appendix Band <br />incorporated herein, which shall supplement and operate in conjunction with the <br />Security Agreement, dated May 1, 2003, attached to the ORIGINAL CONTRACT as <br />Appendix 4. <br />c. Amendment No. 1 to Deed of Trust, attached hereto as Appendix C and <br />incorporated herein, which shall supplement and operate in conjunction with the <br />Deed of Trust, dated May 1, 2003, attached to the ORIGINAL CONTRACT as <br />Appendix 5. <br />7. The parties agree that the ORIGINAL CONTRACT, is and shall be modified, altered, and <br />changed with the addition of the following: <br />Special Provision 9. Software Piracy Prohibition Governor's Executive Order <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 <br />States copyright laws or applicable licensing restrictions. The Contractor hereby <br />certifies that, for the term of this Contract and any extensions, the Contractor has in <br />place appropriate systems and controls to prevent such improper use of public <br />funds. If the State determines that the Contractor is in violation of this paragraph, <br /> <br />Page 2 of 3 <br />