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b. Amended Security Agreement, attached hereto as Appendix B and incorporated <br /> herein, which shall supplement and operate in conjunction with the Security <br /> Agreement dated November 1, 2002, attached to the ORIGINAL CONTRACT as <br /> Appendix 4. <br /> c. Amended Deed of Trust, attached hereto as Appendix C and incorporated herein, <br /> which shall supplement and operate in conjunction with the Deed of Trust dated <br /> November 1, 2002, attached to the ORIGINAL CONTRACT as Appendix 5. <br /> 4. 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, 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 consolidation. Amendments in the course of <br /> CWCB business, including, but not limited to, loan payment deferments (up to 3 <br /> 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 the fee rate structure in accordance with the <br /> 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 /> SPECIAL PROVISIONS (1/1/05 version). State Fiscal Rule 3-1 requires the inclusion <br /> of these Special Provisions in every STATE contract, including grants. <br /> 1. CONTROLLER'S APPROVAL. CRS 24-30-202 (1) <br /> This contract shall not be deemed valid until it has been approved by the Controller of the <br /> State of Colorado or such assistant as he may designate. <br /> 2. FUND AVAILABILITY. CRS 24-30-202 (5.5) <br /> if <br /> Financial obligations of the State of Colorado payable after hezcteit c year are <br /> contingent upon funds for that purpose being appropriated, budgeted, and otherwise made <br /> available. <br /> 441 U <br /> 3. INDEMNIFICATION. <br /> The Contractor shall indemnify, save, and hold harmless the State, its employees and <br /> agents, against any and all claims, damages, liability and court awards including costs, <br /> expenses, and attorney fees incurred as a result of any act or omission by the Contractor, <br /> or its employees, agents, subcontractors, or assignees pursuant to the terms of this <br /> contract. <br /> LOAN CONTACT NO. C150098 AMENDMENT NO. 1 <br /> Page 2 of 5 <br />