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<br />a. Promissory Note, attached as Appendix A and incorporated herein, which shall <br />replace and supersede the Promissory Note in the amount of $943,000 dated <br />February 1, 2002, attached to the ORIGINAL CONTRACT as Appendix 2. <br /> <br />b. Amended Security Agreement, attached hereto as Appendix B and incorporated <br />herein, which shall supplement and operate in conjunction with the Security <br />Agreement dated February 1, 2002, attached to the ORIGINAL CONTRACT as <br />Appendix 4. <br /> <br />c. Amended Deed of Trust, attached hereto as Appendix C and incorporated herein, <br />which shall supplement and operate in conjunction with the Deed of Trust dated <br />February 1, 2002, attached to the ORIGINAL CONTRACT as Appendix 5. <br /> <br />4. The Contract is amended by the addition of the following: <br /> <br />A.15 Contract Amendment Service Fees. Under certain circumstances, the <br />BORROWER shall be assessed a fee for amending the contract. <br /> <br />a. A service fee shall be imposed on the BORROWER for amendments <br />processed for the benefit of the BORROWER and necessary for the <br />BORROWER'S course of business, including, but not limited to, a change <br />in borrower name (novation), assignment of contract, substitution of <br />collateral, loan payment deferments in excess of 3 per loan, and loan <br />consolidation. Amendments in the course of CWCB business, <br />including, but not limited to, loan payment deferments (up t03 per loan)' <br />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 <br />the CWCB Loan Service Charge Policy in effect at the time the <br />BORROWER shall request an amendment. The current fee for an <br />amendment is $1,000. <br /> <br />c. The BORROWER shall remit the service fee to the CWCB prior to initiation <br />of the amendment. Any service fee remitted to the CWCB cannot be <br />refunded. <br />Special Provision 9. 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 <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 <br />has in place appropriate systems and controls to prevent such improper use of <br />public funds. If the State determines that the Contractor is in violation of this <br />paragraph, the State may exercise any remedy available at law or equity or <br />under this Contract, including, without limitation, immediate termination of the <br />Contract and any remedy consistent with United States copyright laws or <br />applicable licensing restrictions. <br /> <br />5. Except for the SPECIAL PROVISIONS, in the event of any conflict, inconsistency, <br />variance, or contradiction between the provisions of this Amendment and any of the <br />provisions of the ORIGINAL CONTRACT, the provisions of this Amendment shall in all <br />respects supersede, govern, and control. The SPECIAL PROVISIONS shall always be <br /> <br />Page 2 of 3 <br />