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i>~ <br />; <br />~ <br />~ ~ <br />A. LOAN PROVISIONS <br />1. Loan Service Fee. The Borrower agrees to pay a service fee of one percent (1 %) of <br />the PRO~ECr amount at the time of the PRO~ECr's substantial completion. The service <br />fee is not financed under this Loan Contract. In the event that the BoRROwER does <br />not use the LoaN AnnouNT authorized, the parties shall amend this contract to revise <br />the LoaN AMOUNT including adjustment of the service fee to reflect 1% of the actual <br />LOAN AMOUNT dlSbUl"Sed t0 the BORROWER. <br />2. Contract Amendment Service Fees. Under certain circumstances, th2 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 but not necessary for the CWCB, including, but not limited to, a change <br />in borrower name (novation), assignment of contract, substitution of collateral, <br />loan payment deferments in excess of 3 per loan, and loan consolidation. <br />Amendments in the course of CWCB business, including, but not limited to, loan <br />payment deferments (up to 3 per loan), and changes in terms of loan repayment <br />will be processed at no additional charge to the BoRROw <br />b. The amount charged shall be in accordance ' the fee r e st cture set forth in <br />the CWCB Loan Service Charge in effe at the ti t BORROWER Sh811 <br />request an amendmen The cu ent f for an a endmen is $1;000. <br />C. The BORROWER II mit the rvic fee to the CWCB prior to initiation of the <br />amendment. Any s ce fee remi 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 LoaN AnnouNT and the BoRROwER agrees to repay the loan in <br />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 LoaN <br />AnnouNT. If the amount of loan funds disbursed by the CWCB to the BoRROwER differs <br />from the LOAN AMOUNT, the parties agree to amend this contract, including its <br />appendices where necessary, to revise the LoaN Annoutvr and to jointly instruct MBIA, <br />Inc., if necessary, to allocate the annual withdrawals from the Fund described in <br />paragraph A.6 herein between the CWCB and the BoRROwER. <br />4. Interest Prior to PRO~ECr Completion. As the loan funds are disbursed by the CWCB <br />t0 the BORROWER, interest shall accrue at the rate set by the CWCB for this loan. The <br />CWCB shall calculate the amount of the interest that accrued prior to PROJECT's <br />substantial completion (as determined by the CWCB) and notify BoRROwER of such <br />amount. The BoRROwER shall repay that amount to the CWCB either within ten (10) <br />days from the date of notification from the CWCB, or, at the CWCB's discretion, said <br />interest shall be deducted from the final disbursement of loan funds that the CWCB <br />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 the <br />Page 2 of 10 <br />