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a service fee of one percent (1%) 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 <br /> reflect 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), 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 <br /> in the CWCB Loan Service Charge Policy in effect at the time the BORROWER <br /> shall 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, on the disbursed funds, at the rate set <br /> by the CWCB for this loan. The CWCB shall calculate the amount of the interest that <br /> accrued prior to PROJECT'S substantial completion (as determined by the CWCB) and <br /> notify BORROWER of such amount. The BORROWER shall repay that amount to the <br /> CWCB either within ten (10) days from the date of notification from the CWCB, or, at <br /> the 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 <br /> CWCB within 30 calendar days from notification from the CWCB of either (1) <br /> completion of the PROJECT or (2) determination by the CWCB that the PROJECT will not <br /> be completed. Any such loan funds so remitted to CWCB shall be applied to the <br /> payment of amounts due on the Loan. <br /> Loan Contract C150399 <br /> Page 2 of 12 <br />