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<br />- <br /> <br /> <br /> <br />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 2, 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 2, 2002, attached to the ORIGINAL CONTRACT as Appendix 5. <br />4, The Contract is amended by the addition of the following: <br />Paragraph A.15, Contract Amendment Service Fees. Under certain <br />circumstances, the 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 consolidation, Amendments in the course of <br />CWCS 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 CWCS prior to initiation of the <br />amendment. Any service fee remitted to the CWCB cannot be refunded. <br />Special Provision 9. SOFTWARE PIRACY PROHIBITION. Governor's <br />Executive Order 0 002 00. No State or other public funds payable under this <br />Contract shall be used for the acquisition, operation or maintenance of computer <br />software in violation of United States copyright laws or applicable licensing <br />restrictions. The Contractor hereby certifies that, for the term of this contract and <br />any extensions, the Contractor has in place appropriate systems and controls to <br />prevent such improper use of public funds, If the State determines that the <br />Contractor is in violation of this paragraph, the State may exercise any remedy <br />available at law or equity or under this contract, including, without limitation, <br />immediate termination of the contract and any remedy consistent with United States <br />copyright laws or applicable licenSing restrictions, <br /> <br />5, Except for the SPECIAL PROVISIONS, in the event of any conflict, inconsistency, <br />variance, or contradiction between the provisions of this Amendment and any of the <br />provisions of the ORIGINAL CONTRACT, the provisions of this Amendment shall in all <br />respects supersede, govern, and control. The SPECIAL PROVISIONS shall always be <br />controlling over other provisions in the contract or amendments. The representations <br />in the SPECIAL PROVISIONS concerning the absence of bribery or corrupt influences and <br />personal interest of STATE employees are presently reaffirmed. <br /> <br />6. Financial obligations of the state payable after the current fiscal year are contingent <br />upon funds for that purpose being appropriated, budgeted, and otherwise made <br /> <br />Page 2 of 3 <br />