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that the BORROWER does not use the LoA►v AMOUNT authorized, the parties shall amend this contract to revise the LoAN AnnourvT including adjustment of the service fee to reflect 1% Of the aCtUal LOAN AMOUNT dlSbUl'Sed t0 the BORROWER. 2. 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 and necessary for the BORROWER course of business but not necessary for the CWCB, including, but not limited to, a change in borrower name (novation), assignment of contract, substitution of collateral, loan payment deferments in excess of 3 per loan, and loan consolidation. Amendments in the course of CWCB business, including, but not limited to, loan payment deferments (up to 3 per loan), and changes in terms of loan repayment will be processed at no additional charge to the BoRROwER. b. The amount charged shall be in accordance with the fee rate structure set forth in 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 3. Promissory Note Provisions. The CWCB agrees to Ioan to the BORROWER an amount not to exceed the LoAN AnnourvT and the BoRROwER agrees to repay the loan in accordance with the terms as set forth in the Promissory Note, attached hereto as Appendix 2 and incorporated herein. The Promissory Note shall identify the LoaN AnnouNT. If the amount of loan funds disbursed by the CWCB to the BoRROwER differs from the LOAN AMOUNT the parties agree to amend this contract, including its appendices where necessary, to revise the LoaN AnnouNT. 4. Interest Prior to Prto�ECT Completion. As the loan funds are disbursed by the CWCB t0 th@ BORROWER interest shall accrue at the rate set forth in the Promissory Note. The CWCB shall calculate the amount of the interest that accrued prior to PROJECT substantial completion (which the parties agree shall be the Payment Initiation Date as set forth on in the Promissory Note, hereinafter "Substantial Completion") determined by the CWCB) and notify BoRROwER of such amount. The BoRROwER shall repay that amount to the CWCB as provided for in Section 6 of the Project Summary attached hereto as Appendix 1. 5. Return of Unused Loan Funds. Any loan funds disbursed but not expended for the PRO�ECT in accordance with the terms of this contract shall be remitted to the CWCB within 30 calendar days from notification from the CWCB of either (1) completion of the PRO�ECT or (2) determination by the CWCB that the PRO�ECT will not be completed. 6. BORROWER' Authority To Contract. The BoRaowER warrants that it has full power and authority to enter into this contract. The execution and delivery of this contract and Loan Contract C150274 Page 2 of 11 12368\1 \1216151.7