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V <br /> • 0 <br /> evidences the remaining 500 shares of Excelsior stock as security for the loan. The <br /> CWCB shall deliver the Amendment No. 1 to Deed of Trust to the Pueblo County <br /> Clerk for recording within ten working days of the effective date of this Amendment. <br /> h. The CWCB has executed the Request for Partial Release of Deed of Trust and <br /> Partial Release, attached hereto as Appendix 2 and incorporated herein, to release <br /> its security interest in 1,376 Excelsior shares and shall deliver the said Request to <br /> the Pueblo County Public Trustee for recording within ten working days of the <br /> effective date of this Amendment. <br /> i. The CWCB and Borrower have executed an Amendment to Security Agreement, <br /> attached hereto as Appendix 3 and incorporated herein, releasing the CWCB's <br /> security interest in 1,376 Excelsior shares and establishing that the remaining 500 <br /> Excelsior shares, previously evidenced by Certificate No. 6 are now evidenced by <br /> Certificate No. 9. The CWCB shall file a UCC-3 form with the Secretary of State <br /> within ten working days of the effective date of this Amendment. <br /> j. The BORROWER has executed a Stock Assignment for the 500 Excelsior shares <br /> evidenced by Certificate No. 9, attached hereto as Appendix 4 and incorporated <br /> herein, which shall replace and supersede the Stock Assignment attached to the <br /> ORIGINAL CONTRACT as Appendix 6. <br /> 4. The Contract is amended by the addition of the following: <br /> A.21 Contract Amendment Service Fees. Under certain circumstances, the <br /> BORROWER 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, including, but not limited to, a change in borrower name (novation), <br /> assignment of contract, substitution of collateral, loan payment deferments in <br /> excess of 3 per loan, and loan consoli•.tioa. - n ents in the course of <br /> CWCB business, including, but not limi' • .k .,a p ' nt deferments (up to 3 <br /> per loan) and changes in termsof lo:', , r•:• == -'- will be processed at no <br /> additional charge to the borrower.= `._ _t <br /> b. The amount charged shall be t t ur '. 1 o'.ance with the <br /> CWCB Loan Service Charge Poli i ec i e BORROWER shall <br /> request an amendment. The curre a mendment 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 /> D.8 Special Provision M. Software Piracy Prohibition Governor's Executive <br /> Order <br /> No State or other public funds payable under this Contract shall be used for the <br /> acquisition, operation or maintenance of computer software in violation of United <br /> States copyright laws or applicable licensing restrictions. The Contractor hereby <br /> certifies that, for the term of this Contract and any extensions, the Contractor has <br /> in place appropriate systems and controls to prevent such improper use of public <br /> funds. If the State determines that the Contractor is in violation of this <br /> paragraph, the State may exercise any remedy available at law or equity or under <br /> this Contract, including, without limitation, immediate termination of the Contract <br /> and any remedy consistent with United States copyright laws or applicable <br /> licensing restrictions. <br /> Page 2 of 3 <br />