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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), changes in terms of loan repayment and <br />amendments to adjust the interest rate pursuant to Paragraph A.13 herein, will be <br />processed at no additional charge to the borrower. <br />b. The amount charged shall be in accordance with the fee rate structure set forth 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 refunded <br />3. Promissory Note Provisions. The CWCB agrees to loan to the BORROWER an <br />amount not to exceed the LOAN AMOUNT and the BORROWER agrees to repay the loan <br />in 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 />AMOUNT. If the amount of loan funds disbursed by the CWCB to the BORROWER <br />differs from the LOAN AMOUNT, the parties agree to amend this contract, including its <br />appendices where necessary, to revise the LOAN AMOUNT. <br />4. Interest Prior to PROJECT Completion. As the loan funds are disbursed by the <br />CWCB to the BORROWER, interest shall accrue at the rate set by the CWCB for this <br />loan. The CWCB shall calculate the amount of the interest that accrued prior to <br />PROJECT'S substantial completion (as determined by the CWCB) and notify <br />BORROWER of such amount. The BORROWER shall repay that amount to the CWCB <br />either within ten (10) days from the date of notification from the CWCB, or, at the <br />CWCB's discretion, said interest shall be deducted from the final disbursement of <br />loan funds that the CWCB makes to the BORROWER. <br />5. Return of Unused Loan Funds. Any loan funds disbursed but not expended for the <br />PROJECT 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 <br />the PROJECT or (2) determination by the CWCB that the PROJECT will not be <br />completed. <br />B. BORROWER's Authority To Contract. The BORROWER warrants that it has full power <br />and authority to enter into this contract. The execution and delivery of this contract <br />and the performance and observation of its terms, conditions and obligations have <br />been duly authorized by all necessary actions of the BORROWER. The BORROWER'S <br />authorizing resolution(s) are attached as Appendix 3 and incorporated herein. <br />Loan Contract C150272 <br />Page 2 of 11 <br />