promises and agreements herein set forth.
<br /> 2. It is expressly agreed by the parties that this Amendment is supplemental to the
<br /> ORIGINAL CONTRACT, and all terms, conditions, and provis ons thereof, unless
<br /> specifically modified herein, are to apply to this Amendment Os though they were
<br /> expressly rewritten, incorporated, and included herein.
<br /> 3. The BORROWER agrees that it shall execute the following documnts, all of which shall
<br /> set forth the loan amount of$1,500,000:
<br /> a. Promissory Note, attached as Appendix B and incorporated herein, which shall
<br /> replace and supersede the Promissory Note provision A.8 of the ORIGINAL
<br /> CONTRACT in the amount of $1,500,000 dated December 15, 1979. As of the date
<br /> of June 30, 2011, the remaining principal balance for this loan is $553,534.48.
<br /> b. Amended Deed of Trust, attached to Loan Contract C15372 Amendment No. 2
<br /> as Appendix B-1 and incorporated herein, which shall suppl ment and operate in
<br /> conjunction with the Deed of Trust dated October 23, 1996, and previously
<br /> amended on April 1, 1997, originally attached to Loan Contract C153742 as
<br /> Appendix C.
<br /> 4. CWCB agrees that it shall execute the Bargain and Sale Deed, attached as Appendix
<br /> C.
<br /> 5. The Contract is amended by the addition of the following: Contract Amendment
<br /> Service Fees. Under certain circumstances, the BORROWER hall be assessed a
<br /> 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 inccordance 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 Ie refunded.
<br /> 6. Indemnification — General: Borrower shall indemnify, save, an 'r • d harmless the
<br /> State, its employees and agents, against any and all claims, da.:A =•e '-di Hi* d
<br /> court awards including costs, expenses, and attorney fees aner ds,
<br /> incurred as a result of any act or omission by Borrower,
<br /> NiAl
<br /> mployees, agents,
<br /> Sub-contractors, or assignees pursuant to the terms oft ' ractt ` evyerthprovions hereof shall not be construed or interpreted` ai pk or
<br /> implied, of any of the immunities, rights, benefits, protection, or other protiorrersaf'
<br /> the Colorado Governmental Immunity Act, CRS §24-10-101 et eq., or the Federal
<br /> Tort Claims Act, 28 U.S.C. 2671 et seq., as applicable, aS now or hereafter
<br /> amended.
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