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LPPD000447
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LPPD000447
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Last modified
3/9/2011 10:12:21 AM
Creation date
3/26/2007 10:43:49 PM
Metadata
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Template:
Loan Projects
Contract/PO #
C150170
Contractor Name
North Poudre Irrigation Company
Contract Type
Loan
Water District
3
County
Larimer
Loan Projects - Doc Type
Contract Documents
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a. A service fee shall be imposed on the BoRROwER for amendments processed <br />for the benefit of the BoRROwER and necessary for the BoRROwER's course of <br />business but not necessary for the CWCB, including, but not limited to, a <br />change 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, including, but not <br />limited to, loan payment deferments (up to 3 per loan), changes in terms of loan <br />repayment and amendments to adjust the interest rate pursuant to Paragraph <br />A.13 herein, will be processed at no additional charge to the borrower. <br />b. The amount charged shall be in accordance with the fee rate structure set forth <br />in the CWCB Loan Service Charge Policy in effect at the time the BoRROwER <br />shall 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 />3. Promissory Note Provisions. The CWCB agrees to loan to the BoRROwER an <br />amount not to exceed the Loatv AnnouNT and the BoRROwER agrees to repay the loan <br />in accordance with the terms as set forth in the Promissory Note, attached hereto as <br />Appendix 2 and incorporated herein. The Promissory Note shall identify the Loaty <br />AnnouNT. If the amount of loan funds disbursed by the CWCB to the BoRROwER <br />differs from the Loarv AnnouNr, the parties agree to amend this contract, including its <br />appendices where necessary, to revise the LoaN An�ouNT. <br />4. Interest Prior to PRO�ecT Completion. As the loan funds are disbursed by the <br />CWCB t0 the BORROWER interest shall accrue at the rate set by the CWCB for this <br />loan. The CWCB shall calculate the amount of the interest that accrued prior to <br />PROJECT substantial completion (as determined by the CWCB) and notify <br />BoRROwER of such amount. The BoRROwER shall repay that amount to the CWCB <br />either within ten (10) days from the date of notification from the CWCB, or, at the <br />CWCB's discretion, said interest shall be deducted from the final disbursement of <br />loan funds that the CWCB makes to the BoRROwER. <br />5. Return of Unused Loan Funds. Any loan funds disbursed but not expended for the <br />PRO�ECT in accordance with the terms of this contract shall be remitted to the CWCB <br />within 30 calendar days from notification from the CWCB of either (1) completion of <br />the PROJECT or (2) determination by the CWCB that the PRO�ECT will not be <br />completed. <br />6. BORROWER Authority To Contract. The BoRROwER warrants that it has full power <br />and authority to enter into this contract. The execution and delivery of this contract <br />and the performance and observation of its terms, conditions and obligations have <br />been duly authorized by all necessary actions of the BoRROwER Th@ BORROWER <br />authorizing resolution(s) are attached as Appendix 3 and incorporated herein. <br />7. Attorney's Opinion Letter. Prior to the execution of this contract by the CWCB, the <br />BoRROwER shall submit to the CWCB a letter from its attorney stating that it is the <br />attorney's opinion that <br />Page 2 of 10 <br />
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