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<br />. <br /> <br />a. Promissory Note, attached as Appendix A and incorporated herein, which shall <br />replace and supersede the Promissory Note in the amount of $2,D80,000, dated <br />July 11, 2001. <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 July 11, 2001. <br /> <br />c. Amendment No. 1 to Deed of Trust, attached hereto as Appendix C and <br />incorporated herein, which shall supplement and operate in conjunction with the <br />Deed of Trust, dated July 11, 2001. <br /> <br />4. The Contract is amended by the addition of the following: <br /> <br />A.15. Contract Amendment Service Fees. Under certain circumstances, the <br />BORROWER shall be assessed a fee for amending the contract. <br /> <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 /> <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 /> <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 /> <br />Special Provision 9. Software Piracy Prohibition Governor's Executive Order <br /> <br />No State or other public funds payable under this Contract shall be used for the acquisition, <br />operation or maintenance of computer software in violation of United States copyright laws <br />or applicable licensing restrictions. The Contractor hereby certifies that, for the term of this <br />Contract and any extensions, the Contractor has in place appropriate systems and controls <br />to prevent such improper use of public funds. If the State determines that the Contractor is <br />in violation of this paragraph, the State may exercise any remedy available at law or equity <br />or under this Contract, including, without limitation, immediate .termination of the Contract <br />and any remedy consistent with United States copyright laws or applicable licensing <br />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 /> <br />Page 2 of 3 <br />