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THEREFORE, in consideration of the mutual and dependent covenants contained <br />herein, the parties agree as follows: <br />A. LOAN PROVISIONS <br />Loan Service Fee. The amount of the loan (LOAN AMOUNT) shall include (1) the <br />amount of the funds loaned by the CWCB to the BORROWER for the PROJECT and (2) <br />a service fee of one percent (11%) of the PROJECT amount. In the event that the <br />BORROWER does not use the LOAN AMOUNT authorized, the parties shall amend this <br />contract to revise the LOAN AMOUNT including adjustment of the service fee to reflect <br />1 % of the actual LOAN AMOUNT disbursed to the BORROWER. <br />2. Contract Amendment Service Fees. Under certain circumstances, the 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, assignment of CONTRACT, substitution of collateral, loan <br />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 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 in <br />accordance with the terms as set forth in the PROMISSORY NOTE, attached hereto as <br />APPENUix 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 differs <br />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 CWCB <br />to 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 />Loan Contract No. C150337 <br />Page 2 of 12 <br />