CONFIDENTIAL – DO NOT DISTRIBUTE
National Energy Improvement Fund, LLC (NEIF) will comply with all applicable Federal, State and Local regulations, including, but not limited to, the Consumer Credit Protection Act, the Equal Credit Opportunity Act, and all other laws and regulations regarding prohibited discrimination, fair lending, and loan disclosure.
No director, officer or employee of NEIF (in their capacity as originators of financing products, each an “Originator”) will discriminate on a prohibited basis against any person who requests or receives credit, or against any person who is in any way involved in a credit transaction. No director, volunteer, officer or employee of Originator shall offer, grant or request preferential treatment or pricing for any applicant that is inconsistent with any credit and collections policies approved by NEIF.
Servicing and Collection Policy
Revision Date 02/28/2020
Exhibit 6
DocuSign Envelope ID: AEE1D4CA-BCB3-4C1A-BEB2-90A1A4F5111E AI #06 Att. A: Loan Origination & Servicing Agrmnt. by & Between NEIF & MCE NEIF
National Energy Improvement Fund
SECTION I: SERVICING PROGRAM REQUIREMENTS
The loan collection and recovery functions are essential elements of the servicing operation. These functions have a key role in preserving the quality of the loan portfolio and in avoiding unnecessary loss of revenue. The collection policy of NEIF (in such capacity, “Servicer”) is designed to ensure Servicer’s collections program satisfies the following objectives:
Collections are made in an expeditious and cost-effective manner in compliance with all State, Local and Federal laws and regulations
Delinquencies and loan losses are managed within acceptable parameters as determined by NEIF
Loss recoveries are maximized
Payment Instructions
Servicer shall instruct borrowers to make payments; (i) electronically (via direct debit); or (ii) by mail to a lockbox designated by NEIF. If payments are not made directly to the designated lockbox, Servicer agrees to immediately deposit the related receipts into the lockbox. Servicer will, not less often than every three months, instruct those borrowers whose payments were not directed to the designated lockbox to make payments as described above. If at any time, a borrower’s direct debit is rejected more than once, Servicer may notify such borrower that it cannot make payment by direct debit and may be required to make payment to the lockbox by another method offered by Servicer.
Overpayments
In the event that a borrower overpays a monthly payment, the payment will be applied to principal unless instructed otherwise in writing by the borrower. No penalties will be assessed on partial or full prepayments.
Service Members Civil Relief Act
The Service Members Civil Relief Act was enacted to provide financial relief and legal protection for military personnel who have been called for active duty. Originator must apply a 6% interest rate limitation on all loans established by the borrower prior to active duty. The 6% rate limitation does not apply to debts incurred during or after active duty.
Borrowers are required to submit copies of their orders to document that they are on active federal military duty. The interest rate reduction/limitation will be retroactive to the date the borrower entered active military duty. Any overpayment of interest during the active duty period must be credited back to the loan. The payment amount must be reduced based on the 6% rate for all installment loans. If Originator believes that the borrower’s active duty status does not represent a material hardship to the borrower, Originator may petition the court for relief from the requirements of the Act.
NSF Checks and Returned Items
For each payment by a borrower, Servicer’s bank shall submit all returned checks or drafts no more than twice, according to each individual bank’s internal policy, to give the borrower an additional opportunity to make the funds available for the check or draft. However, Servicer will only assess one NSF or returned item fee in connection with each payment.
DocuSign Envelope ID: AEE1D4CA-BCB3-4C1A-BEB2-90A1A4F5111E AI #06 Att. A: Loan Origination & Servicing Agrmnt. by & Between NEIF & MCE Standard Servicing of all Loans
A welcome email is sent to borrowers within 24 hours of the loan proceeds being disbursed to the contractor on behalf of the borrower. This email explains how to set up an online account and how to contact the NEIF Loan Servicing team with any questions.
All loans will have a statement generated 20 days before the monthly due date of the loan. The borrower has the option to receive a paper statement sent through USPS mail service, to receive an electronic statement through a link to their online account, or to receive both.
All borrowers receive an email 3 days prior to the monthly due date reminding them to make a payment by the due date. Borrowers have the option to make one-time payments or set up recurring payments.
Management of Delinquent and Defaulted Loans
Delinquent loans are those loans where more than 10% of a scheduled payment is not received by the end of the day on its due date. A loan that remains delinquent for more than 30 days becomes a defaulted loan. Servicer will engage in the following activities or will authorize third party vendors to engage in the following activities on its behalf to cure delinquent loans and maximize recoveries on defaulted loans. 3-Day Collection Letter: Sent to any borrower(s) who is currently three days past due on his/her payment.
7-Day Collection Call: A call to borrower(s) who is one week overdue on his/her payment.
15-Day Collection Letter: Second written notice to the customer, sent to any borrower(s) who is 15 days overdue on his/her payment.
21-Day Collection Call: A call to borrower(s) who is 21 days overdue on his/her payment.
28-Day Collection Call: A call made to borrower(s) at home, work, or cell in order to speak with them before a default notice is sent out. Informs borrower that his/her loan is about to go into the default period. 30-day Default Notice: Notice is sent once the loan payment is 30 days overdue. One letter is sent regular first-class mail and another is sent certified mail.
60-day Payment Letter: If the borrower(s) makes no action after the default notice is sent, a payment letter is sent. The letter informs the borrower(s) of the amount due and that the default period is about to expire. 90 to 120 day Final Collection Call: Before engaging a collection agency or pursuing any legal means of collection, a final collection call is made to the borrower(s).
DocuSign Envelope ID: AEE1D4CA-BCB3-4C1A-BEB2-90A1A4F5111E AI #06 Att. A: Loan Origination & Servicing Agrmnt. by & Between NEIF & MCE 90 to 120 days: If a loan is not cured during the default period, Servicer may use a collection agency or pursue any legal means of collection.
SECTION II: Additional Collection Policies
Restoration of Accounts
A loan in nonaccrual status (starts at 90 days) may be restored to accrual status when all past due payments have been made and it is reasonable to expect the customer to continue to make their monthly payments.
Deferrals
Delinquent account remediation shall be limited to deferrals. Deferrals may be granted provided that (i) at least 12 scheduled payments have been made in full before the first deferral is granted; (ii) no more than one deferral can be made in any calendar year; (iii) no more than three deferrals can be made over the life of any loan; and (iv) the maximum deferral period is no more than three months. Deferrals must be interest bearing.
Loan Modifications
A loan modification may be negotiated and agreed upon when a (non charged-off) borrower is unable to pay the total amount due immediately. NEIF is under no contractual obligation to accept or offer payment arrangements to delinquent borrowers. All borrower loan modifications shall follow their unique Investor guidelines and be reviewed on a case by case basis. Borrowers who have previously broken promises to pay or who have a chronic delinquent payment history will not be automatically offered an extended payment arrangement. All loan modifications must be approved in advance by the Loan Servicing Manager, the Vice President of Accounting and Servicing or an officer of NEIF.
Charge Offs
Loans are to be charged off in accordance with the following:
Delinquent for 120 days (unless definite collection action is pending and NEIF has approved a delay) unless otherwise specified by the Investor If NEIF has accepted a settlement, the forgiven unpaid balance shall be charged off at the end of corresponding month of settlement
Chapter 7 Bankruptcy filing or discharge, whichever occurs first. Loan balances that are included in a Chapter 13 bankruptcy are to be charged off when the payments become six months delinquent
Telephone Collections
Telephone contact with delinquent borrowers is the most efficient and effective way of resolving default situations. Servicer’s collection program will utilize all available resources to contact delinquent borrowers through phone calls to their homes and/or cell phones, places of employment, personal references or other message numbers, within the guidelines of all regulations and reasonable business practices.
Bankruptcies
DocuSign Envelope ID: AEE1D4CA-BCB3-4C1A-BEB2-90A1A4F5111E AI #06 Att. A: Loan Origination & Servicing Agrmnt. by & Between NEIF & MCE Servicer will protect its interest in all accounts where a bankruptcy has been filed by filing a proof of claim. Repayment plans under Chapters 11, 12 or 13 will be carefully scrutinized before acceptance. In accordance with the Bankruptcy Code neither Servicer nor any third-party subcontractors will make any collection contacts with a borrower.
Servicer will protest any bankruptcy filing in which the borrower has knowingly and purposely attempted to defraud Servicer.
Legal Remedies
Servicer may utilize all legal remedies available to obtain payment of any amounts owed.
These remedies include seeking legal judgment against the borrower for the purpose of executing the judgment against wages, cash assets, and consumer goods such as automobiles, real property or personal items. The use of legal action can be administered against individuals, community property estates, decedent estates or guarantors of the loan agreement. Resorting to legal action must provide a proven positive return to Servicer and cannot expose Servicer to additional risk or liability.
Small Claims Court Action
In cases of small balance accounts or debts, Servicer, at its discretion, may pursue legal action without the benefit of counsel. All of these actions must fall under the jurisdiction of small claims or justice court and each district’s maximum dollar limits.
Use of Collection Agencies
From time to time it may become necessary to utilize the service of a collection agency when all internal avenues of collection have been exhausted or, because of balance owed, it is not practical to collect the account using additional Servicer resources.
Agencies will be selected based on their contingency pricing, licensing, bonding and insurance coverage, reporting system and method of conveying funds to Servicer.
Any agreement with a collection agency will be made in accordance with Servicer’s policy and executed by the proper authority level. Determination of which accounts should be assigned to collection agencies will be based on an analysis conducted by the COO and Vice President of Accounting and Servicing.
Demand for Payment or Balance in Full
Servicer may demand payment of all past due and currently due payments or the balance of the account in full if there has been no agreement to pay that amount or any contact with the borrower by the 60th day of delinquency. In situations of chronic delinquency, first payment defaults, previous broken promises to pay or previous payment extensions, demand must be made by the 30th day of delinquency and can be done, at collector discretion, at the earliest next delinquency occurrence.
Consumer Credit Counseling
Servicer is encouraged to cooperate fully with and encourage the use by borrowers of non-profit consumer credit counseling agencies where the interests of Servicer are protected. With the approval of NEIF, late charges or other fees may be waived.
Credit Bureau Reporting
In accordance with federal consumer law, Servicer may report only accurate and truthful information about borrowers to consumer credit reporting agencies. All credit related DocuSign Envelope ID: AEE1D4CA-BCB3-4C1A-BEB2-90A1A4F5111E AI #06 Att. A: Loan Origination & Servicing Agrmnt. by & Between NEIF & MCE loan or account status changes must be promptly reported. The scope of this reporting includes all charge offs, the inclusion of an account in a bankruptcy filing and any compromise settlement.
Any upgrade of previously reported information will promptly be changed to reflect the borrower's current situation. All disputes or inquiries referencing the above reporting or any reporting of delinquent status will be researched, responded to and resolved by Servicer within 30 days of receipt by Servicer.
Parties to the Loan and Disclosure
In accordance with Privacy Laws Servicer will only discuss the status and condition of loans and accounts with direct parties to the loan. Those parties include all signers of the contract, guarantors of the contract, and any parties retaining contingent liability through the assumption of the obligation. The account may be discussed with the borrower's attorney, personal representative or other party with documented permission from the borrower or other documentation establishing the attorney or representative relationship is in file.
Servicer can and will disclose pertinent loan and account information to anyone contracted to perform service for Servicer such as third-party collection service providers, outside counsel or collection agencies.
DocuSign Envelope ID: AEE1D4CA-BCB3-4C1A-BEB2-90A1A4F5111E AI #06 Att. A: Loan Origination & Servicing Agrmnt. by & Between NEIF & MCE Exhibit 7
Required Insurances and Fidelity Coverage
NEIF shall maintain during the life of the Agreement, and pursuant to the requirements in Section 2.02 (h), the following insurances and bonds:
GENERAL LIABILITY. NEIF shall maintain a commercial general liability insurance policy in an amount of no less than two million dollars ($2,000,000) with a four million dollar ($4,000,000) aggregate limit. “Marin Clean Energy” shall be listed as a named insured as co-defendants on the commercial general liability policy and the certificate of insurance shall include an additional endorsement page (see sample form: ISO - CG 20 10 11 85).
AUTO LIABILITY. Where the Services to be provided under this Agreement involve or require the use of any type of vehicle by NEIF in order to perform said Services, NEIF shall also provide comprehensive business or commercial automobile liability coverage including non-owned and hired automobile liability in the amount of one million dollars combined single limit ($1,000,000).
WORKERS’ COMPENSATION. NEIF acknowledges that the State of California requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of the Labor Code. If NEIF has employees, it shall comply with this requirement and a copy of the certificate evidencing such insurance or a copy of the Certificate of Consent to Self-Insure shall be provided to MCE prior to commencement of Services.
PROFESSIONAL LIABILITY INSURANCE. NEIF shall maintain professional liability insurance with a policy limit of not less than $1,000,000 per incident. If the deductible or self-insured retention amount exceeds $100,000, MCE may ask for evidence that NEIF has segregated amounts in a special insurance reserve fund, or that NEIF’s general insurance reserves are adequate to provide the necessary coverage and MCE may conclusively rely thereon. Coverages required by this subsection may be provided on a claims-made basis with a “Retroactive Date” prior to the Effective Date. If the policy is on a claims-made basis, coverage must extend to a minimum of twelve (12) months beyond termination of this Agreement. If coverage is cancelled or non-renewed, and not replaced with another claims made policy form with a “retroactive date” prior to the Effective Date, NEIF must purchase “extended reporting” coverage for a minimum of twelve (12) months after termination of this Agreement.
PRIVACY AND CYBERSECURITY LIABILITY. NEIF shall maintain privacy and cybersecurity liability (including costs arising from data destruction, hacking or intentional breaches, crisis management activity related to data breaches, and legal claims for security breach, privacy violations, and notification costs) of at least $1,000,000 US per occurrence.
FIDELITY COVERAGE. NEIF shall maintain a Fidelity policy in the amount of one million dollars ($1,000,000).
DocuSign Envelope ID: AEE1D4CA-BCB3-4C1A-BEB2-90A1A4F5111E AI #06 Att. A: Loan Origination & Servicing Agrmnt. by & Between NEIF & MCE Exhibit 8- Program Setup Services
NEIF will provide BUYER with advisory services related to the design and set-up of the various financing mechanisms that BUYER will use to support financing elements of BUYER’s residential and commercial energy storage programs. Such services shall include but not be limited to:
• Advise on appropriate loan underwriting criteria
• Advise on appropriate structure for BUYER participation in loan program offerings • Provide background on expected defaults and charge offs Advise on appropriate loan administration including BUYER staff roles and responsibilities related to loan origination and loan servicing
• Provide appropriate and related set-up for any commercial financing for energy storage, although it is understood that BUYER will provide none of the capital to fund or enhance such commercial energy storage financings
DocuSign Envelope ID: AEE1D4CA-BCB3-4C1A-BEB2-90A1A4F5111E AI #06 Att. A: Loan Origination & Servicing Agrmnt. by & Between NEIF & MCE Exhibit 9
NEIF Financing for MCE Residential Energy Storage Loan Program Origination & Servicing Operational Details
LOAN ORIGINATION PROCESS
1) Underwriting Criteria: NEIF will use the criteria set forth in the MCE Energy Storage Loan Program Credit Guidelines (Credit Guidelines) when evaluating applications for loan approval (Exhibit 1).
2) Trade Ally/Developer Vetting: NEIF will conduct its normal vetting process for all Trade Allies, developers and/or subcontractors, as appropriate, who will be participating in the MCE Energy Storage Loan Fund Program and who will have access to the online developer portal. If NEIF discovers during this process that a Trade Ally, developer or subcontractor does not pass this vetting process, it shall notify MCE and TRC of this and provide the reason(s) why they did not pass this process.
3) Training: NEIF shall conduct training for all trade allies, developers and/or subcontractors who will be participating in the program and marketing to, communicating with or enrolling customers into MCE’s Energy Storage Program. The training will be recorded for future viewing by new staff or Trade Allies, developers and/or subcontractors, as wells as MCE and TRC staff. The training will cover the details of the program offering, loan application process, use of the developer portal, process for submitting required loan documentation, and loan disbursement process and additional program related information related to the financing program. NEIF shall also provide information on what the Trade Ally/developer should and should not be saying with regard to financing to ensure compliance with all applicable Federal and State laws and regulations. 4) Application Process
a) Customer Category Determination: MCE will provide a customer category code on the Energy Storage Program Agreement to indicate the category for which the customer is eligible under the program (e.g., Priority Low-Income, Priority Other, or General Market). This will let NEIF know the appropriate interest rate and term for which the customer is eligible, as described in the Credit Guidelines document.
b) Loan Approval: NEIF shall follow the online loan application process outlined in the Service Agreement for all residential loans. Once NEIF reviews and approves the customer for a loan using the underwriting criteria outlined in the Credit Guidelines, the customer shall be notified that the loan approval is valid for a period of 120 days from the date of approval. With written approval from MCE, NEIF may extend this period so long as NEIF is reasonably satisfied that there have been no material changes in the customer’s financial situation that would otherwise make them ineligible for the loan. If NEIF is not reasonably certain that this is the case, they shall request that the customer reapply for the loan.
DocuSign Envelope ID: AEE1D4CA-BCB3-4C1A-BEB2-90A1A4F5111E AI #06 Att. A: Loan Origination & Servicing Agrmnt. by & Between NEIF & MCE Exhibit 9
5) Loan Disbursements
A Customer Journey process flow diagram has been attached to this document to illustrate the timing and triggers for loan disbursements to approved residential customers in MCE’s Energy Storage Program.
a) First Payment: Once a loan has been approved by NEIF, fifty (50) percent of the funds will be paid directly to the developer or installer, as appropriate, when the developer uploads a copy of a valid and approved permit from the local Authority Having Jurisdiction (AHJ) via NEIF’s online contractor portal established for MCE’s Energy Storage Loan Program. The loan applicant or an authorized representative may also submit a copy of the valid and approved permit issued by the AHJ via email to NIEF, at which point NEIF will release fifty (50) percent of the funds directly to the developer within 10 days of receipt of the copy of the document.
NEIF will not charge any interest to the customer for this first payment, nor will NEIF send any bills or demands for payment to the customer at this time. NEIF will charge to MCE an enrollment fee of $50 per approved and funded customers, to be collected as described below.
NEIF will not charge the customer any fees for originating or servicing of the loan for any customer in good standing in the program.
b) Final Payment: Once the building inspector from the AHJ has inspected and approved the installation of the Battery Energy Storage System (BESS) and issued a signed inspection report, and the developer has uploaded a valid and complete copy of the report via NEIF’s developer portal designed for this program, NEIF shall disburse the second and final payment directly to the developer within 10 days of receipt of the document. Alternatively, the customer or authorized representative may submit a copy of the valid and complete inspector’s report approving the project via email to NEIF.
c) Responsibilities: It is the responsibility of the developer, installer or Trade Ally managing the installation of the BESS to submit all required documents in a timely manner to NEIF via the online portal created for this program in order for the funds to be disbursed. The customer or authorized representative may also submit the required documents via email directly to NEIF as well. However, NEIF shall not disburse any loan funds until valid and complete copies of the required documents have been submitted and reviewed by NEIF. 6) Loan Funds Bank Account
a) Account Establishment: NEIF will establish a Loan Proceeds account, pursuant to the terms of the Loan Origination and Servicing Agreement Executed on May 6, 2021, for the benefit of MCE at a bank specified by NEIF, Firstrust Bank. MCE will deposit funds into the Loan Proceeds account directly to the contractor on behalf of the customer per the disbursement schedule in section 5 above. NEIF will have access to this account and be authorized to disburse loan funds DocuSign Envelope ID: AEE1D4CA-BCB3-4C1A-BEB2-90A1A4F5111E AI #06 Att. A: Loan Origination & Servicing Agrmnt. by & Between NEIF & MCE Exhibit 9
as described above. MCE shall make an initial deposit in the amount of $400,000 to this account for this purpose.
b) Loan Fund Replenishment: When the amount in the Loan Fund falls below a level that NEIF deems to be too low to continue disbursing funds without significant disruption or delays, and based on the anticipated customer application pipeline, NEIF shall send to MCE an email with an invoice to replenish the funds back to the $400,000 level. MCE shall transfer funds for the invoiced amount, not to exceed $400,000, within 2 business days via electronic funds transfer/ACH. At no time shall the amount in the Loan Fund fall below $50,0000 without the written consent or instruction from MCE.
7) Loan Servicing Bank Account
a) Account Establishment: Pursuant to the terms of the Loan Origination and Servicing Agreement Executed on May 6, 2021, NEIF shall open and maintain a bank account in its selected bank on MCE’s behalf to deposit customer loan principal and interest payments from customers enrolled in MCE’s Energy Storage Program and the Loan Fund Program. b) Payments to MCE: On the 15th of the month following receipt of loan payments, NEIF shall transfer to MCE all loan payments received from customers during the prior calendar month, less the agreed upon amount of the loan origination and servicing fee (set at 2.5% per annum) and less any customer enrollment fees for loans approved during the prior month ($50/approved loan), via electronic funds transfer/ACH. 8) Reporting/Auditing
a) Loan Origination Reports: NEIF shall send to MCE weekly loan origination reports, which shall include anonymized data on the number of loans approved and dollar amounts of the loans by customer category and FICO scores to help MCE manage portfolio risks, along with any other relevant data on loan originations. NEIF shall assist MCE in evaluating its current and projected portfolio risk and provide recommendations for mitigating risks, such as lowering loan default rates by adjusting minimum credit scores, adjusting interest rates, and/or targeting specific customer categories to cover loan defaults and offset below-cost interest rates charged to Priority customers. At its discretion, MCE may request that reports be submitted monthly instead of weekly.
b) Loan Servicing Reports: NEIF shall send to MCE monthly loan serving reports by the 15th of the month following loan servicing activity. In addition to monthly loan repayment information, these reports shall include, among other things, information on loan defaults, missed payments, late payments and any other information to help MCE evaluate and manage its loan portfolio risks.
DocuSign Envelope ID: AEE1D4CA-BCB3-4C1A-BEB2-90A1A4F5111E AI #06 Att. A: Loan Origination & Servicing Agrmnt. by & Between NEIF & MCE Exhibit 9
c) Audits: NEIF shall have an independent annual audit conducted by a professional, reputable, independent auditor and share the results of the audit with MCE. MCE, at its sole discretion, may conduct an independent audit by an auditor of its choosing. d) Regulatory Reporting and Compliance: NEIF shall be solely responsible for preparing and submitting any required reports regarding MCE’s Energy Storage Loan Program to the appropriate regulatory oversight agency as required by Federal or State Law, Rule or Regulation.
NEIF will, for the duration of its participation in this program, and for as long as it continues to receive loan repayments from program participants, maintain compliance with any and all applicable Federal, State or local law, rule or regulation, including, but not limited to the Truth In Lending Act, California Consumer Financial Protection Law, and California Financing Law. 9) MCE Customer Engagement Protocol: NEIF shall comply at all times during the Agreement with any MCE-provided MCE co-branding and/or customer engagement protocol that provides MCE’s expectations for customer interactions by NEIF. This includes the following:
a) Treat prospective and enrolled Participants/Customers fairly and deliver promised services in a timely, professional and responsible manner.
b) Ensure Customers are aware the loan Program is a MCE-sponsored Program. c) Materials that contain MCE's logo will follow MCE's branding standards. d) Respond to Customer inquiries timely from the date of the request. e) Any other customer service protocol mutually agreed upon between the parties.
DocuSign Envelope ID: AEE1D4CA-BCB3-4C1A-BEB2-90A1A4F5111E AI #06 Att. A: Loan Origination & Servicing Agrmnt. by & Between NEIF & MCE
FIRST AMENDMENT TO LOAN ORIGINATION AND SERVICING
AGREEMENT
BY AND BETWEEN NATIONAL ENERGY IMPROVEMENT FUND, LLC
AND MARIN CLEAN ENERGY
MCE Standard Form Amendment First Amendment to Loan Origination and Servicing Agreement between NEIF and MCE Page 1 of 1 This FIRST AMENDMENT is made and entered into on May 19, 2021, by and between NATIONAL ENERGY IMPROVEMENT FUND, LLC (hereinafter referred to as “NEIF”) and MARIN CLEAN ENERGY, (hereinafter referred to as “BUYER”).
RECITALS
WHEREAS, BUYER and NEIF entered into an agreement on May 6, 2021, for NEIF to originate and service Energy Storage Loans on behalf of BUYER (“Agreement”); and WHEREAS, Exhibit 7 to the Agreement specified the required insurance coverages for NEIF to maintain throughout the life of the Agreement; and
WHEREAS the parties desire to amend the Agreement to modify the Fidelity Coverage listed in Exhibit 7.
NOW, THEREFORE, the parties agree to modify Exhibit 7 as set forth below.
AGREEMENT
1. The Fidelity Coverage requirement of Exhibit 7 shall be amended as follows:
FIDELITY COVERAGE. NEIF shall maintain a Fidelity policy in the amount of five hundred thousand dollars ($500,000).
2. Except as otherwise provided herein all terms and conditions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this FIRST Amendment on the day first written above.
NEIF: MARIN CLEAN ENERGY
By: ________________________ By: ________________________ Date: ______________________ Date: ______________________
AI #06 Att. B: First Amndmt. to Loan Origination & Servicing Agrmnt. by & between NEIF and MCE