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specifically modified herein, are to apply to this Amendment as though they were expressly rewritten, incorporated, and included herein. 3. The BoRROwER agrees that it shall execute the following document: Amended Security Agreement, attached hereto as Appendix A and incorporated herein, which shall supplement and operate in conjunction with the Security Agreement dated December 10, 2002, attached to the ORi~iNa,~ CoNTRacr as Appendix 4, in which the BoRROwER pledges BORROwER's revenues necessary to assure payment under the ORIGINAL CoNTFtacT of the annual debt service until such date as the BoRROwER makes its first payment to the CWCB from its fund established under an Investment Agreement befinreen the BoRROwER and MBIA, Inc. dated December 5, 2002. 4. Contract Amendment Service Fees. Under certain circumstances, the BORROWER shall be assessed a fee for amending the contract. a. A service fee shall be imposed on the BoRROwER for amendments processed for the benefit of the BORROWER a sary for the BORROWER's course of business, including, but not t , change in borrower name (novation), assignment of contract, sub~t " of coll al, loan payment deferments in excess of 3 per loan, and loan io ~Amendments in the course of CWCB business, includin no , oan payment deferments (up to 3 per loan) and changes ir , s o loan repayment will be processed at no additional charge to the borrower. b. The amount charged shall be the fee rate structure in accordance with the CWCB Loan Service Charge Policy in effect at the time the BoRROwER shall request an amendment. The current fee for an amendment is $1,000. c. The BoRROwER shall remit the service fee to the CWCB prior to initiation of the amendment. Any service fee remitted to the CWCB cannot be refunded. SPECIAL PROVISIONS (8/1/05 version). State Fiscal Rule 3-1 requires the inclusion of these Special Provisions in every STaTE contract, including grants. 1. CONTROLLER'S APPROVAL. CRS 24-30-202 (1) This contract shall not be deemed valid until it has been approved by the Controller of the State of Colorado or such assistant as he may designate. 2. FUND AVAILABILITY. CRS 24-30-202 (5.5) Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. 3. INDEMNIFICATION. To the extent authorized by law, the contractor shall indemnify, save, and hold harmless the State against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or Loan Contract C150058A Amendment No. 1 Page 2 of 5