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C150318 Contract
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C150318 Contract
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Last modified
6/14/2013 1:10:06 PM
Creation date
5/10/2012 7:53:34 AM
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Loan Projects
Contract/PO #
C150318
Contractor Name
Last Chance Ditch Company
Contract Type
Loan
Water District
5
County
Weld
Loan Projects - Doc Type
Contract Documents
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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 orrower name (novation), assignment of contract, substitution of collateral, <br />loari payment deferments in excess of 3 per loan, and loan consolidation. <br />An endments in the course of CWCB business, including, but not limited to, loan <br />pa ment deferments (up to 3 per loan), changes in terms of loan repayment and <br />arr endments to adjust the interest rate pursuant to Paragraph A.13 herein, will be <br />prc cessed at no additional charge to the borrower. <br />b. Th amount charged shall be in accordance with the fee rate structure set forth in <br />th CWCB Loan Service Charge Policy in effect at the time the BORROWER shall <br />re est an amendment. The current fee for an amendment is $1,000. <br />c. Th BORROWER shall remit the service fee to the CWCB prior to initiation of the <br />am ndment. Any service fee remitted to the CWCB cannot be refunded <br />3. Promissory Note Provisions. The CWCB agrees to loan to the BORROWER an <br />amour not to exceed the LOAN AMOUNT and the BORROWER agrees to repay the loan in <br />accor with the terms as set forth in the Promissory Note, attached hereto as <br />Appe ,n,ce <br />ix 2 and incorporated herein. The Promissory Note shall identify the LOAN <br />AMou If the amount of loan funds disbursed by the CWCB to the BORROWER differs <br />from a LOAN AMOUNT, the parties agree to amend this contract, including its <br />appees where necessary, to revise the LOAN AMOUNT. <br />4. Interec. t Prior to PROJECT Completion. As the loan funds are disbursed by the CWCB <br />to the 30RROWER, interest shall accrue at the rate set by the CWCB for this loan. The <br />CWCE shall calculate the amount of the interest that accrued prior to PROJECT'S <br />substa itial completion (as determined by the CWCB) and notify BORROWER of such <br />amou The BORROWER shall repay that amount to the CWCB either within ten (10) <br />days f m the date of notification from the CWCB, or, at the CWCB's discretion, said <br />interes shall be deducted from the final disbursement of loan funds that the CWCB <br />makes to the BORROWER. <br />5. Retuff of Unused Loan Funds. Any loan funds disbursed but not expended for the <br />PRoiEd.T in accordance with the terms of this contract shall be remitted to the CWCB <br />within 0 calendar days from notification from the CWCB of either (1) completion of the <br />PROJE T or (2) determination by the CWCB that the PRoJEcT will not be completed. <br />6. BORR ER's Authority To Contract. The BORROWER warrants that it has full power <br />and a horny to enter into this contract. The execution and delivery of this contract and <br />the pei formance and observation of its terms, conditions and obligations have been <br />duly a ithorized by all necessary actions of the BORROWER. The BORROWER'S <br />authori dng resolution(s) are attached as Appendix 3 and incorporated herein. <br />7. Attom y's Opinion Letter. Prior to the execution of this contract by the CWCB, the <br />BORRO ER shall submit to the CWCB a letter from its attorney stating that it is the <br />attom s opinion that <br />a. <br />contract has been duly executed by officers of the BORROWER who are duly <br />Loan Contract C150318 <br />Page 2 of 11 <br />
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