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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 provisions thereof, unless
<br /> specifically modified herein, are to apply to this Amendment as though they were
<br /> expressly rewritten, incorporated, and included herein.
<br /> 3. The BORROWER agrees that it shall execute the following documents: Amended Deed
<br /> of Trust, attached hereto as Appendix B-1 and incorporated herein, which shall
<br /> supplement and operate in conjunction with the Deed of Trust dated October 23,
<br /> 1996, and previously amended on April 1, 1997, originally attached to Loan Contract
<br /> C153742 as Appendix C.
<br /> 4. The Contract is amended by the addition of the following: Contract Amendment
<br /> Service Fees. Under certain circumstances, the BORROWER shall 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 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 /> 5. Indemnification — General: Borrower shall indemnify, save, and hold harmless the
<br /> State, its employees and agents, against any and all claims, damages, liability and
<br /> court awards including costs, expenses, and attorney fees and related costs,
<br /> incurred as a result of any act or omission by Borrower, or its employees, agents,
<br /> Sub-contractors, or assignees pursuant to the terms of this contract; however, the
<br /> provions hereof shall not be construed or interpreted as a waiver, express or
<br /> implied, of any of the immunities, rights, benefits, protection, or other provisions, of
<br /> the Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or the Federal
<br /> Tort Claims Act, 28 U.S.C. 2671 et seq., as applicable, as now or hereafter
<br /> amended.
<br /> 6. 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 /> 7. Financial obligations of the state payable after the current fiscal year are contingent
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