HomeMy WebLinkAbout2002 - First Amendment to Deed of Trust - Northwest Container Services / US Bank - 2002081300178320020813001783
Document Title(s) (or transactions contained therein)
1 First Amendment to Decd of Trust
Reference Number(s) of Documents assigned or released.
(on page _ of document)
Grantor(s) (Last name first, then first name and initials)
I Northwest Container Services. Inc b
2 l ST AM -S
.-c �L
NI Additional names on page of document /"'t
Grantee(s) (Last name first, then first name and initials)
I U S Bank National Association
2 U S Bank Trust Company
Additional names on pagc _ of document
Legal description (abbreviated i e lot, block, plat or section, township. range)
Section 33 Township 24, Range 4E, Lots 5 -8 Block 28 & Blocks 29 -30, Ladd's First Add , Vol
75
XX Full legal description is on Exhibit B -1 and B -2 of document
10, P
Assessor's Property Tax ParceVAcconnt Number(s)
542260 -0010 - 04,395890- 1315 -05
Return Address
U S Bank National Association
1420 Fifth Avenue, 11 Floor
P 0 Box 720, WWH 395
Seattle, WA 98111-0720
Attn Michelle Goerdel
(156020720360 DOC1
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•
FIRST AMENDMENT TO DEED OF TRUST
This First Amendment to Deed of Trust, dated as of July 31, 2002 ("Amendment"), is
by and between L S BANK NATIONAL ASSOCIATION, a national banking association
( "Lender "), and NORTHWEST CONTAINER SERVICES, INC , an Oregon corporation
("Borrower"), and is made with reference to the following
RECITALS
A Borrower is the grantor for the benefit of Lender of a Leasehold Deed of
Trust, Assignment of Rents and Leases and Security Agreement, dated January 17, 2002, and
recorded under Recording No 20020123003031, records of King County, Washington
(together with all amendments, modifications, supplements and exhibits thereto, the "Deed of
Trust ") Lender remains the beneficiary of the Deed of Trust and Borrower remains the lessee
of the real property subject to the Deed of Trust
B The Deed of Trust, among other things, was given to secure a loan made by
Lender to Borrower pursuant to that certain Credit Agreement, dated January 17, 2002,
( "Credit Agreement "), and as evidenced by that certain Revolving Credit Note, dated
January 17, 2000, and those certain Equipment Notes to be executed by Borrower from time
to time (collectively, the "Notes ")
c
Borrower entered that certain Lease Agreement, dated September 15, 2000, as
amended by that certain Amendment to Lease, dated September 14, 2001, and as amended by
o that certain Second Amendment to Lease Agreement, dated January 25, 2002, with SPS,
LLC, a Washington limited liability company ( "Landlord "), for the lease of that certain
• N property more particularly descnbed on Exhibit B -2 (the "Additional Property")
D Borrower agrees to make the Additional Property subject to the hen of the
Deed of Trust
AGREEMENTS
Therefore, in consideration of the agreements made herein and in the Credit
Agreement, the parties agree as follows
1. Additional Property
The lien of the Deed of Trust is hereby spread so as to cover the Additional Property
To that end, Borrower hereby irrevocably grants, bargains, sells and conveys to U S Bank
Trust Company, National Association ( "Trustee "), in trust with power of sale and right of
entry and possession, for the benefit of Lender, the Additional Property, together with all
112187-5149/S13020720 3601
PAGE 1
hxacutson Copy
2. No Other Amendment
3 Counterparts
[/SB020720360 DOC)
other items of collateral descnbed in the granting clauses of the Deed of Trust as they arise
from or are located on, used or useful in connection with or related to the Additional
Property This grant is made for the purpose of securing performance of each agreement,
payment and undertaking secured by the Deed of Trust as herein modified and as modified by
the Credit Agreement The Additional Property is not used pnncipally for agricultural
purposes The parties agree that the EXHIBIT A originally attached to the Deed of Trust is
hereby deleted and the EXHIBIT A attached hereto is substituted therefor The parties
further agree that the Exhibit B -2 ongtnally attached to the Deed of Trust is hereby deleted
and the EXHIBIT B -2 attached hereto is substituted therefor The term "Property" as defined
m the Deed of Trust shall mchide the Additional Property for all purposes under the Deed of
Trust The parties mtend that the Deed of Trust and this Amendment shall be construed as a
single instrument and the powers and duties of Borrower, Lender and Trustee shall be the
same as if the Additional Property conveyed herem had originally been included in the Deed of
Trust
Except as provided herein or in the Credit Agreement, the Deed of Trust remains
unmodified and the parties ratify and confirm all terms, covenants and provisions thereof
This Amendment may be executed in one or more counterparts, each of which shall
constitute an original agreement, but all of which together shall constitute one and the same
agreement
PAGE 2
Exeeut on Copy
IN WITNESS WHEREOF, the parties have executed this Amendment as of the date
first set forth above
[/S8020720360 DOC)
• •
Lender:
U S BANK NATIONAL ASSOCIATION
By -
By
Robert L DuRall, Senior Vice President
Borrower:
NORTHWEST CONTAINER SERVICES, INC ,
an Oregon corporation
Gary Car e11, Chief Executive Officer
PAGE3
Exacutton Copy
STATE OF WASHINGTON )
1 / ) ss
COUNTY OF Cam\ 'J )
I certify that I know or have satisfactory evidence that Robert L DuRall is the person
who appeared before me and said person acknowledged that he signed this instrument, on
oath stated that he was authonzed to execute the instrument and acknowledged it as the
Senior Vice President of L S BANK NATIONAL ASSOCIATION to be the free and
voluntary act of such party for the uses and purposes mentioned in the instrument
GIVEN UNDER my hand and official seal hereto affix
certificate first above written
--- - --- -
—
Noloty Putt
State of Washington
JOSHUA AARON BOUNGBI
I My Appointment Feiss Nov Z
[/513020720360 Doc)
• •
day and year in this
(S ignal . - . ��
(Print orG�! of Notary)
NOTARY PUBLIC m and for the State
of Washington, residing at)s14ar.es .
My appointment expires Ami .7-0 .2004
PAGE
Exccuhon Copy
I/0020720360 DOC)
• •
STATE OF ` hk Tit rrtr )
COUNTY OF ft/14441"A ) ss
On this 2 s day of July, 2002, before me, the undersigned, a Notary Public m and
for the State of Washington, duly commissioned and sworn, personally appeared Gary
Cardwell, to me known to be the person who signed as Chief Executive Officer of
NORTHWEST CONTAINER SERVICES, INC , the corporation that executed the within
and foregomg Instrument, and acknowledged said uistrument to be the free and voluntary act
and deed of said corporation for the uses and purposes therein mentioned, and on oath stated
that he was duly elected, quahfied and acting as said officer of the corporation, that he was
authonzed to execute said instrument and that the seal affixed, if any, is the corporate seal of
said corporation
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and
year first above written
Of-1•1:aA4. s�• L
LONNA G WEISS
NOTARY PLi3JC ORECON
COMMISSION NO 341335
MY COMMISSION EXPIRES DEC 15, 2004
(Signature of Notary)
Lwow"; g 144,'s)
(Print or stamp name of Notary)
NOTARY PUBLIC m and for the State
of ogee residing at
My appointment expires 7//4 /,too y
PAGE $
Exeeuuon Copy
VS8020720360 DOC]
• •
EXHIBIT A
to
First Amendment to Deed of Trust
Leases
1 Lease, by and between Container Properties, L L C , a Washington limited liability
company, and Northwest Container Services, Inc , an Oregon corporation, dated
July 10, 1998 ( "Container Lease "), covenng cenaui property more particularly
described in Exhibit B -1
2 Lease Agreement, dated September 15, 2000, as amended by that certam Amendment
to Lease, dated September 14, 2001, and as amended by that certam Second
Amendment to Lease Agreement, dated January 25, 2002, between SPS, LLC, a
Washington hnuted Iiability company, and Northwest Container Services, Inc , an
Oregon corporation
PAGE6
Execution Copy
LINE A
LINE B
I/SB020720360 DOCJ
• •
EXHIBIT B -1
to
First Amendment to Deed of Trust
Legal Description
THAT PORTION OF TRACTS 1 AND 2 OF THE MEADOWS, ACCORDING TO THE
PARTITION MAP OF PART OF THE FRANCIS MC NATT DONATION LAND CLAIM
NO 38 FILED IN KING COUNTY SUPERIOR COURT CAUSE NO 120091, AND OF
THE ABANDONED BED OF THE DUWAMISH RIVER, ALL LOCATED IN
Cr! SECTION 33, TOWNSHIP 24 NORTH, RANGE 4 EAST, W M , IN KING COUNTY_.
WASHINGTON,
AND ALL LYING WESTERLY OF THE WESTERLY MARGINS OF EAST MARGINAL
WAY SOUTH AND ALSO WESTERLY OF THE PARCEL OF LAND ADJOINING EAST
MARGIN WAY WHICH WAS CONVEYED TO GREAT NORTHERN RAILWAY
COMPANY BY DEED RECORDED UNDER FILE NO 4784818,
co LYING EASTERLY OF THE EASTERLY MARGIN OF THE RIGHT OF WAY OF
c COMMERCIAL WATERWAY DISTRICT NO 1 ( DUWAMISH WATERWAY),
LYING SOUTHERLY OF THE HEREINAFTER DESCRIBED LINE A,
AND LYING NORTHERLY OF THE HEREINAFTER DESCRIBED LINE B
BEGINNING ON THE WESTERLY LINE OF EAST MARGIN WAY SOUTH, WHICH
POINT BEARS NORTH 89 °15'54" WEST 2470 01 FEET ALONG THE DONATION
CLAIM LINE AND SOUTH 23 °40'59" EAST 648 77 FEET ALONG THE WESTERLY
LINE OF EAST MARGINAL WAY SOUTH FROM THE INTERSECTION OF THE LINE
BETWEEN THE DONATION CLAIMS OF FRANCIS MC NATT AND HENRY VAN
ASSELT WITH THE EAST LINE OF SECTION 33, TOWNSHIP 24 NORTH, RANGE 4
EAST, W M , IN KING COUNTY, WASHINGTON,
RUNNING THENCE WEST 1574 72 FEET TO THE EASTERLY LINE OF
COMMERCIAL WATERWAY NO 1,
THENCE SOUTH 15 °00'00" EAST ALONG SAID EASTERLY LINE 237 76 FEET TO
THE TRUE POINT OF BEGINNING OF SAID LINE A,
THENCE EAST 1053 10 FEET,
THENCE SOUTH 23 °02'00" EAST 46 03 FEET,
THENCE EAST 561 38 FEET TO THE WESTERLY MARGIN OF EAST MARGINAL
WAY SOUTH AND THE TERMINUS OF SAID LINE A,
BEGINNING ON THE WESTERLY MARGIN OF EAST MARGINAL WAY SOUTH AT
A POINT WHICH BEARS NORTH 89 °15'54" WEST A DISTANCE OF 2470 01 FEET
PACE 7
Execunon Copy
• •
ALONG THE DONATION CLAIM LINE AND SOUTH 23 °40'59" EAST A DISTANCE
OF 1374 17 FEET ALONG THE WESTERLY MARGIN OF EAST MARGINAL WAY
SOUTH FROM THE INTERSECTION OF THE LINE BETWEEN THE DONATION
CLAIMS OF FRANCIS MC NATT AND HENRY VAN ASSELT WITH THE EAST LINE
OF SECTION 33, TOWNSHIP 24 NORTH, RANGE 4 EAST, W M , IN KING COUNTY.
WASHINGTON, SAID POINT BEING AT THE INTERSECTION OF THE WESTERLY
MARGIN OF EAST MARGIN WAY SOUTH WITH THE NORTH LINE OF VAN DE
VANTER STOCK FARM TRACT AND THE TRUE POINT OF BEGINNING OF SAID
LINE B,
THENCE NORTH 89 ° 27'50" WEST A DISTANCE OF 14 94 FEET,
THENCE NORTH 86 °54'59" WEST A DISTANCE OF 486 97 FEET,
THENCE NORTH 84 °17'04" WEST A DISTANCE OF 117 00 FEET,
'T THENCE SOUTH 83 °57'56" WEST A DISTANCE OF 119 00 FEET,
THENCE SOUTH 70 °40'29" WEST A DISTANCE OF 110 173 FEET,
THENCE SOUTH 61°33'40" WEST A DISTANCE OF 840 02 FEET, TO THE
c
EASTERLY LINE OF THE RIGHT OF WAY OF COMMERCIAL WATERWAY
"' DISTRICT NO 1 AND THE TERMINUS OF SAID LINE B,
TOGETHER WITH THE RIGHT TO CROSS THE PARCEL CONVEYED THE GREAT
NORTHERN RAILWAY COMPANY AS RESERVED IN DEED RECORDED UNDER
FILE NO 4784818
•o
nv
(MSB020720360 DOG)
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E xecuton Copy
]1SB020120360 DOC]
EXHIBIT B -2
to
First Amendment to Deed of Trust
Legal Description
LOTS 5, 6, 7 AND 8, BLOCK 28, EXCEPT THE EAST 20 FEET THEREOF, ALL OF
BLOCKS 29 AND 30, ALL IN LADD'S FIRST ADDITION TO SOUTH SEATTLE,
ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 10 OF PLATS,
PAGE 74, RECORDS OF KING COUNTY, WASHINGTON,
TOGETHER WITH VACATED 7TH AVENUE SOUTH LYING SOUTH OF THE SOUTH
LINE OF DREWRY STREET (NOW SOUTH EDMUNDS STREET),
TOGETHER WITH VACATED PHELPS STREET BETWEEN THE EAST LINE OF
MAYNARD AVENUE AND THE WEST LINE OF 8 114 AVENUE SOUTH ADJOINING
SAID BLOCKS 28, 29 AND 30,
AND TOGETHER WITH THE VACATED ALLEY IN SAID BLOCK 29,
EXCEPT THAT PORTION OF LOTS 10, 11 AND 12 OF SAID BLOCK 30 AND OF SAID
VACATED PHELPS STREET LYING WITHIN THE UNION PACIFIC RAILROAD
COMPANY'S RIGHT -OF -WAY,
ALSO EXCEPT FROM SAID BLOCK 30 ALL OF LOTS 1, 2, AND 3
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON
PA6E9
Execution COPY