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A. LOAN PROVISIONS <br /> 1. Loan Service Fee. The amount of the loan (LOAN AMOUNT) shall include (1) the amount of the funds <br /> loaned by the CWCB to the BORROWER for the PROJECT and (2) a service fee of one percent (1%) of the <br /> PROJECT amount. In the event that the BORROWER does not use the LOAN AMOUNT authorized, within the <br /> TIME FOR PERFORMANCE (Appendix 1, Section 10), the parties shall amend this CONTRACT to revise the <br /> LOAN AMOUNT including adjustment of the service fee to reflect 1% of the actual LOAN AMOUNT disbursed <br /> to the BORROWER. <br /> 2. Contract Amendment Service Fees. Under certain circumstances, the BORROWER shall be assessed a <br /> fee for amending the CONTRACT. <br /> a. A service fee shall be imposed on the BORROWER for amendments processed for the benefit of the <br /> BORROWER and necessary for the BORROWER'S course of business but not necessary for the <br /> CWCB, including, but not limited to, a change in BORROWER name, assignment of CONTRACT, <br /> substitution of collateral, 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 payment <br /> deferments (up to 3 per loan), and changes in terms of loan repayment will be processed at no <br /> additional charge to the BORROWER. <br /> b. The amount charged shall be in accordance with the fee rate structure set forth in the CWCB Loan <br /> Service Charge Policy in effect at the time the BORROWER shall request an amendment. The <br /> 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 amendment. Any <br /> service fee remitted to the CWCB cannot be refunded. <br /> 3. Promissory Note Provisions. The CWCB agrees to loan to the BORROWER an amount not to exceed the <br /> LOAN AMOUNT and the BORROWER agrees to repay the loan in accordance with the terms as set forth in the <br /> PROMISSORY NOTE, attached hereto as APPENDIX 2 and incorporated herein. The PROMISSORY NOTE shall <br /> identify the LOAN 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 the Promissory Note and 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 to the BORROWER, <br /> interest shall accrue on the disbursed funds at the rate set by the CWCB for this loan. The CWCB shall <br /> calculate the amount of the interest that accrued prior to PROJECT'S substantial completion (as determined by <br /> the CWCB) and notify BORROWER of such amount. The BORROWER shall repay that amount to the CWCB <br /> within ten (10) days from the date of notification from the CWCB. <br /> 5. Return of Unused Loan Funds.Any loan funds disbursed but not expended for the PROJECT in accordance <br /> with the terms of this CONTRACT shall be remitted to the CWCB within 30 calendar days from notification <br /> from the CWCB of either(1) completion of the PROJECT or(2) determination by the CWCB that the PROJECT <br /> will not be completed. Any such loan funds so remitted to CWCB shall be applied to the payment of amounts <br /> due on the Loan. <br /> 6. Borrower's Authority to Contract. The BORROWER warrants that it has full power and authority to enter into <br /> this CONTRACT. The execution and delivery of this CONTRACT and the performance and observation of its <br /> terms, conditions and obligations have been duly authorized by all necessary actions of the BORROWER. The <br /> BORROWER'S AUTHORIZING RESOLUTION (LOAN RESOLUTION) is attached as APPENDIX 3 and incorporated <br /> herein. <br /> Loan Contract C150410A <br /> Page 2 of 12 <br />