|
<br />1. Consideration for this Amendment to the ORIGINAL CONTRACT consists of the payments
<br />that shall be made pursuant to this Amendrnent and the ORIGINAL CONTRACT and the
<br />promises and agreements herein set forth.
<br />2. The parties expressly agree that this Amendment is supplemental to the ORIGINAL
<br />CONTRACT and all terms, conditions, and provisions of the ORIGINAL CONTRACT, unless
<br />specifically modified herein, are to apply to this Amendment as though they were
<br />expressly rewritten, incorporated, and includE3d herein.
<br />3, The Borrower agrees that it shall execute the following documents, all of which shall
<br />set forth the revised loan amount of $11,5165,258.20, constituting $9,,110,487.53 at
<br />5.10% interest and $2,454,770.67 at 5.7Ei% interest and a repayment term of 5
<br />years:
<br />a. Promissory Notes, attached as Appendix A and Appendix B and incorporated
<br />herein, which shall replace and supersede the Promissory Notes in the
<br />amount of $16,300,000 dated April 26, 2000, and $4,333,000 dated
<br />September 21, 2001, attached to the First Amended Contract as Attachment
<br />2 and the Second Amended Contract as Attachment B, respectively.
<br />Borrower will continue to make annu.31 interest only payments of $605,784.17
<br />and no interest will accrue during the deferral period.
<br />b. Security Agreements, attached as Appendix C and Appendix D and
<br />incorporated herein, which shall supplement and operate in conjunction with
<br />the Security Agreements dated April 26, 2000 and September 21, 2001,
<br />attached to the FIRST AMENDED CONTRACT as Attachment 4 and the Second
<br />Amended Contractas Attachment C, respectively.
<br />c. Amended Deeds of Trust, attached hereto as Appendix E and Appendix F and
<br />incorporated herein, which shall supplement and operate in conjunction with
<br />the Deeds of Trust dated April 26, 2000 and September 21, 2001, attached to
<br />the FIRST AMENDED CONTRACT as AUachment ~3 and the Second Amended
<br />Contract as Attachment D, respectively.
<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 narne (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 IimitE3d to, loan payment deferrnents (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 cweB cannot be refunded.
<br />5. Except for the SPECIAL PROVISIONS, in the event of any conflict, inconsistency,
<br />
<br />Page 2 of 6
<br />
|