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THEREFORE, in consideration of the mutual and dependent covenants contained herein, the <br /> parties agree as follows: <br /> A. DEFINITIONS <br /> The following terms as used herein shall be construed and interpreted as follows: <br /> i. BASE LOAN AMOUNT: Loan amount that does not include the one percent (1%) Loan <br /> Origination fee.This the amount disbursed by CWCB to the BORROWER. <br /> ii. BORROWER:An eligible entity, as specified,who will be responsible for the repayment of <br /> the loan. <br /> iii. LOAN DOCUMENTS: Include all formal loan contract documents including but not limited <br /> to the executed loan contract, all executed appendices, and all executed amendments. <br /> iv. LOAN ORIGINATION FEE: One (1%) of the BASE LOAN AMOUNT. <br /> v. LOAN SECURITY: Property or other assets that BORROWER offers to secure the loan. <br /> vi. PROMISSORY NOTE:The document providing a written agreement to pay the TOTAL LOAN <br /> AMOUNT to CWCB. <br /> vii. SECURITY AGREEMENT:The document that provides a security interest in a specified asset <br /> pledged as collateral. <br /> viii. TOTAL LOAN AMOUNT: BASE LOAN AMOUNT and LOAN ORIGINATION FEE of one percent <br /> (1%). <br /> B. LOAN PROVISIONS <br /> 1. Loan Origination Fee. The TOTAL LOAN AMOUNT shall include (1) the BASE LOAN AMOUNT <br /> loaned by the CWCB, to the BORROWER, for the PROJECT and (2) a LOAN ORIGINATION FEE of <br /> one percent (1%) of the BASE LOAN AMOUNT. <br /> 2. Amendments and Option Letters. In the event that the BORROWER does not use the full <br /> amount authorized, the parties shall amend this CONTRACT or exercise an OPTION LETTER <br /> (attached as APPENDIX 2) to revise the TOTAL LOAN AMOUNT including an adjustment of the <br /> LOAN ORIGINATION FEE to reflect 1% of the actual amount disbursed to the BORROWER. An <br /> amendment to this CONTRACT shall be executed for the following changes including, but not <br /> limited to, an increase in TOTAL LOAN AMOUNT, change in pledged revenues or property, and <br /> decrease in TOTAL LOAN AMOUNT with a change in the annual loan payment. Additionally, <br /> upon substantial completion of the PROJECT,the following applies: <br /> a. Upon substantial completion of the PROJECT with a resulting decrease in <br /> the TOTAL LOAN AMOUNT and the BORROWER requests a change in the annual <br /> loan payment; the PARTIES agree to amend this contract. <br /> Page 2 of 14 <br />