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<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 November 1, 2002, attached to the ORIGINAL CONTRACT as <br />Appendix 4. <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 />November 1, 2002, attached to the ORIGINAL CONTRACT as Appendix 5. <br />4. Contract Amendment Service Fees. Under certain circumstances, the BORROWER <br />shall be assessed a fee for amending the contract. <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, loan payment deferments (up to 3 <br />per loan) and changes in terms of loan repayment will be processed at no <br />additional charge to the borrower. <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 />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 />SPECIAL PROVISIONS (1/1/05 version). State Fiscal Rule 3-1 requires the inclusion <br />of these Special Provisions in every STATE contract, including grants. <br /> <br />1. CONTROLLER'S APPROVAL. CRS 24-30-202 (1) <br /> <br />This contract shall not be deemed valid until it has been approved by the Controller of the <br />State of Colorado or such assistant as he may designate. <br /> <br />2. FUND AVAILABILITY. CRS 24-30-202 (5.5) <br /> <br />Financial obligations of the State of Colorado payable after the current fiscal year are <br />contingent upon funds for that purpose being appropriated, budgeted, and otherwise made <br />available. <br /> <br />3. INDEMNIFICATION. <br /> <br />The Contractor shall indemnify, save, and hold harmless the State, its employees and <br />agents, against any and all claims, damages, liability and court awards including costs, <br />expenses, and attorney fees incurred as a result of any act or omission by the Contractor, <br />or its employees, agents, subcontractors, or assignees pursuant to the terms of this <br />contract. <br /> <br />LOAN CONTACT NO. C150098 AMENDMENT NO.1 <br />Page 2 of 5 <br />