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evidences the remaining 500 shares of Excelsior stock as securityfor the loan. The <br />CWCB shall deliver the Amendment No. 1 to Deed of Trust to the Pueblo County <br />Clerk for recording within ten working days of the effective date of this Amendment. <br />d. The CWCB has executed the Request for Partial Release of Deed of Trust and <br />Partial Release, attached hereto as Appendix 2 and incorporated herein, to release <br />its security interest in 1,376 Excelsior shares and shall deliver the said Request to <br />the Pueblo County Public Trustee for recording within ten working days of the <br />effective date of this Amendment. <br />e. The CWCB and Borrower have executed an Amendment to Security Agreement, <br />attached hereto as Appendix 3 and incorporated herein, releasing the CWCB's <br />security interest in 1,376 Excelsior shares and establishing that the remaining 500 <br />Excelsior shares, previously evidenced by Certificate No. 6 are now evidenced by <br />Certificate No. 9. The CWCB shall file a UCC-3 form with the Secretary of State <br />within ten working days of the effective date of this Amendment. <br />f. The BoRROwER has executed a Stock Assignment for the 500 Excelsior shares <br />evidenced by Certificate No. 9, attached ,hereto as Appendix 4 and incorporated <br />herein, which shall replace and supersede the Stock Assignment attached to the <br />ORi~iNa~ CoNTw4cT as Attachment C to Amendment No. 1. <br />4. The Contract is amended by the addition of the following: <br />A.21 Contract Amendment Service Fees. Under certain circumstances, the <br />BoRROwER 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 />D.8 Special Provision M. Software Piracy Prohibition Governor's Executive <br />Order <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 has <br />in place appropriate systems and controls to prevent such improper use of public <br />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 under <br />this Contract, including, without limitation, immediate termination of the Contract <br />and any remedy consistent with United States copyright laws or applicable <br />licensing restrictions. <br />Page 2 of 3 <br />