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Home My WebLink About2003 - Second Amendment of Deed of Trust - Northwest Container Services / US Bank - 2003092300235920030923002359 Document Title(s) (or transactions contained therein) 1 Second Amendment of Deed of Trust Reference Number(s) of Documents amended: 20020123003031 (on page _ of document) Grantor(s) (Last name first, then first name and initials) 1 Northwest Container Services, Inc Additional names on page of document Grantee(s) (Last name first, then first name and initials) 1 U S Bank National Association 2 Additional names on page _ of document Legal descnption (abbreviated i e lot, block, plat or section, township, range) Full legal description is on _ of document Assessor's Property. Tax Parcel/Account Number(s) Return Address U S Bank National Association 1420 Fifth Avenue, 11 Floor P 0 Box 720, WWH 395 Seattle, WA 98111 -0720 Attn Brandon Elieff • 200 30923002359 PAGE OF ON 24 00 00/23/2003 15:25 KING COUNTY ttA 20030923002359 REc EI ° eo SE? 1 4 2005 COM MUN/TY D EVELOP/WENT • • SECOND AMENDMENT OF DEED OF TRUST THIS SECOND AMENDMENT OF DEED OF TRUST ( "Amendment ") is made as of September 2, 2003, by and between U S BANK NATIONAL ASSOCIATION, a national banking association ( "U S Bank "), and NORTHWEST CONTAINER SERVICES, INC , an Oregon corporation ( "Borrower ") RECITALS A U S Bank made certain loans (the "Loans ") to Borrower pursuant to the terms and conditions of that certain Credit Agreement, dated January 17, 2002 ( "Credit Agreement "), and as evidenced by that certain Revolving Credit Note, dated January 17, 2002, and by those certain Equipment Notes executed by Borrower from time to time (collectively, the "Notes ") B The Loan is secured, in part, by that certain Leasehold Deed of Trust, Assignment of Rents and Leases and Secunty Agreement, dated January 17, 2002, and recorded under Recording No 20020123003031, records of King County, Washington, as amended by that certain First Amendment to Deed of Trust; dated July 31, 2002, and recorded under Recording No 20020813001783, records of King County, Washington (collectively, the "Deed of Trust "), encumbering those certain leases described on Exhibit A and covenng that certain property more particularly descnbed therein (collectively, the "Property ") C Borrower and U S Bank entered into that certain First Amendment to Credit Agreement of even date herewith ( "Credit Agreement Amendment "), whereby U S Bank agreed to extend the Equipment Loan Commitment Termination Date and the Revolving Credit Commitment Termination Date D The parties desire to confirm their intent that the Deed of Trust secures, among other things, the Borrower's obligations set forth in the Credit Agreement, as amended by the Credit Agreement Amendment, the Equipment Notes, and the Renewal Revolving Credit Note and all renewals, substitutions, and replacements thereof which evidences the Loans AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, Borrower and U S Bank agree as follows SLCOND AMbNDMLN 1 01- D1 ID Oh 1 RUST 1158032450116 DOC) PAO, 2 1_RlcuIIUn (upy 20030923002359 SI COND AMLNDMINl OF DECDOF IRUSI Ifs►iO32430316 UOC) • • 1 Except as expressly provided in this Amendment, capitalized terms used in this Amendment shall have the meanings given such terms m the Credit Agreement 2 The foregoing recitals are incorporated in this Amendment by this reference 3 The parties agree that the Deed of Trust secures the Borrower's obhgations set forth in the Credit Agreement, as amended by the Credit Agreement Amendment, the Equipment Notes made by Borrower to U S Bank from time to time, and the Renewal Revolving Credit Note, from Borrower to U S Bank, with mterest thereon according to the terrns of the Credit Agreement, as amended by the Credit Agreement Amendment 4 Except as specifically provided for in this Amendment, all of the terms and conditions of the Deed of Trust shall remain in full force and effect ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. (The remainder of this page is intentionally left blank ) PAUL Lcecuunn Cupy 2003092300235 • IN WITNESS WHEREOF, the parties have executed and delivered this Amendment on the date first above written S1( ONO AMI NPM1 1.1 OF DU D OF TRUS 1 )/SD0124S0116 DOC) U.S. BANK: U S BANK NATIONAL ASSOCIATION By F72 U Name $RANDerJ 14 Ej,;¢f Title ON i Borrower: NORTHWEST CONTAINER SERVICES, INC , an Oregon corporation By Name 4 11.i EI..L Title MO PAGI 4 rrecuuun ( upy 2003092300235 STATE OF WASHINGTON COUNTY OF iC. ) ss I certify that I know or have satisfactory evidence that 5?urc> 71 /r I is the person who appeared before me and said person acknowledged that lc signed this instrument, on oath stated that t-e_ was authorized to execute the mstrument and acknowledged it as th 'r P -- of U S BANK NATIONAL ASSOCIATION to be the free and voluntary act of such parry for the uses and purposes mentioned m the instrument GIVEN UNDER my hand and official seal hereto affixed the day and year m this certificate first above wntten -- ' STAR yo'h 1 3 I + . •o NOTAR Y ? 1 s t p i / 7 () "- • i� PUBLIC S r • • i • • il l % OF WAS 11 (OND AMl NI)MI n I' OF DLI D OF MRUS I EiSB0:245O116 DOC) (Signature � of Notary) J e,,, - w_t Y ST zr - ke, ijet (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at 5 v 4- My appointment expires 12 /9/03 PAU 5 1 Wecmwn SI (OND AMI NI)MI N I OF DkJ'D OF I RUS ( /SSI ;2450116 DOC) • • Ot 6o/v STATE OF WMSTTINuTON ) ss COUNTY OF fil4 fioir144 On this 1 (O day of 1 )617irwi , 2003, before me, the undersigned, a Notary Pubhc in and for the State of Washington, duly commissioned and sworn, personally appeared Cady et rJ4 / , to me known to be the person who signed as e c o of NORTHWEST CONTAINER SERVICES, INC , the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that /kL was duly elected, qualified and acting as said officer of the corporation, that /f/d 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 wntten OFFICIAL SEAL LONNA G WEISS NOTARv PUBLIC- OREGON MY COMMISSION tEXPIRES DEC 34133 2004 "). X191, (Signature of Notary) Zo4wg ll✓,'ss (Print or stamp name of Notary) NOTARY PUBLIC in and for the State D '8 'Y of Washmstan, residing at WAtetEX, ill'6ioWY My appointment expires /2 -if- ¢ c� PAM h Ltetution f ors 20030923002359