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• <br />` shali 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 in <br />borrower name (novation), assignment of contract, substitution of collateral, loan <br />payment deferments in excess of 3 per loan, and loan consolidation. Amendments <br />in the course of CWCB business, including, but not limited to, loan payment <br />deferments (up to 3 per loan), and changes in terms of loan repayment will be <br />processed at no additional charge to the BoRROwER. <br />b. The amount �h�rged shal) be in �c�ordanc.� with th� fee rate structure set fQr�h in <br />the 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 re#unded <br />3. Promissory Note Provisions. The CWCB agrees to loan to the BoRROwER an amount <br />not to exceed the LoAtv AMOUNT 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 LoArv <br />AMOUNT. If the amount of loan funds disbursed by the CWCB to the BORROwER differs <br />from the LoAtv AMOUrvT, the parties agree to amend this contract, including its appendices <br />where necessary, to revise the LoaN AnnoutvT. <br />4. Interest Prior to Pttc�,��cfi Compietion. As the ioan funds are disbursed by the CWCB <br />f0 the BORROWER, interest shall accrue at the rate set by the CWCB for this loan. The <br />CWCB shaN calcula#e 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 #o #he 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 deduct�! from the final disbursement of loan funds that the CWCB <br />makes to the BORROWER. <br />5. Return of Unused Loan Funds. Any ioan 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 />PRO�ECT or (2) determination by the CWCB that the PRO�ECT will not be completed. <br />6. BoRROwER's Authority To Contract The BoRROw�R wamants that it has fuii power and <br />authority to enter into this contract. The execution and delivery of this contract and <br />the pertormance and observation of its terms, conditions and obligations have been duly <br />authorized by all necessary actions of the BoRROwER. The BORROWER's authorizing <br />resolution(s) or ordinance(s) are attached as Appendix 3 and incorpora#ed herein. <br />7. Attomey's Opinion Letter. Prior to the execution of this contract by the CWCB, the <br />BoRROwER shall submit to the CWCB a letter from its bond counsel stating that it is the <br />Loan Contract C150293 <br />Page 2 of 11 <br />