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Home My WebLink About2004 - Third Amendment to Deed of Trust - Northwest Container Services / US Bank - 2004042800293320040428002933 Document Title(s) (or transactions contained therein) I Third 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 ininals) 1 Northwest Container Services, Inc 2 0 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 • [.G S Bank National Association 1420 Fifth Avenue, 11 Floor P O Box 720, W W H 395 Seattle, WA 98111 -0720 Attn Brandon EliefT • 20040428002933 'N ��RECENEb PERKINS COIE NOT 24 00 PAGE001 OF 005 04/25/2001 15 25 KING COUNTY, YA 20040478002933 SEP 1 4 2035 OO MMUNITy ENT • • THIRD AMENDMENT OF DEED OF TRUST THIS THIRD AMENDMENT OF DEED OF TRUST ( "Amendment ") is made as of February 20, 2004, 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 Security 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, and by that certain Second Amendment to Deed of Trust, dated September 2, 2003, and recorded under Recording No 20030923002359, records of King County, Washington (collectively, the "Deed of Trust "), encumbering those certain leases descnbed on Exhibit A to the Deed of Trust and covering that certain property more particularly descnbed therein (collectively, the "Property ") C Borrower and U S Bank entered into that certain Second Amendment to Credit Agreement of even date herewith ( "Credit Agreement Amendment "), whereby U S Bank agreed to increase the amount of the Revolving Credit Commitment D The parties desire to confirm their Intent that the Deed of Trust secures, among other thmgs, the Borrower's obligations set forth m the Credit Agreement, as amended by the Credit Agreement Amendment 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 1 HIRD AM1 NI)MI N1 01 DLI I) 01 1 RUS 1 1/SI3040S002Id DOC 1 1'1(I 2 r1,.cuian Copy 20040428002939 • • 1 Except as expressly provided in this Amendment, capitalized terms used in this Amendment shall have the meanings given such tetras 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 obligations set forth m 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 interest thereon according to the terms 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 remam m 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. I HIRI) AMI 141)MI N 1 01 1)1 1 1) or 1 RUS 1 I /CB(W)iOO2141XX I (The remainder of this page is intentionally left blank) P \GI3 I fxocuuon Coln 1 20040428002933 IN WITNESS WHEREOF, the parties have executed and delivered this Amendment on the date fast above written I HIRI AMI NI)ML N1 U1 1)1 1 1) 01 1 NUS I I/SRL n(x • • U.S. BANK: U S BANK NATIONAL ASSOCIATION y Name. ?Rt'vJ 1a=► EZ1 E p i Title J , i Borrower: NORTHWEST CONTAINER SERVICES, INC , an Oregon corporation By Name Title t.Fo PAGE 4 I lAccugon L np I 20040428002939 STATE OF WASHINGTON ) ) ss COUNTY OF �� ) I certify that I know or have satisfactory evidence that &.>, —cFOw E 1s.( -0-c is the person who appeared before me and said person acknowledged that \.•& signed this instrument, on oath stated that was authorized to execute the instrument and acknowledged it as the g. • of U 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 affixed the day and year m this certificate first above wntten Notary Public State of Washington JOSHUA AARON BO-HGER 1 My Appointrnenl Expire. tr rr 20. 201). 1 l IIKD AMENDMI N1 Of IM hD U1 l KITS 1 i/ti1iO40500214 DUC Li Si: • �: o . ary) 'TeL.4-.... (Print or stamp name of Notary) �J NOTARY PUBLIC in and for thetate of Washington, residing at)r1 0• b--c s My appointment expires l 7-0 Qcou PALA 5 I raaulhnn Cop) 1 THIRD AMINOW NI U1 DI1DOI 1RLIS1 t /,1344(5O 214 DO( I • 0 REG -cr3 STATE OF ) ) ss COUNTY OF MALI/7.30MA1.1) On this 2.5 day of FEBP.;nARY • 2004, before me, the undersigned. a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appearedGARY CARD(.4E.LL. , to me known to be the person who signed as GEC) 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 was duly elected, qualified and acting as said officer of the corporation, that 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 (Signature of Notary) r' �4Y4 4 ie e:s.S (Pnnt or stamp name of Notary) LIC in and for the State residing at f7 llI Art, Ada; QiK(SX My appointment expires /2 /f.sof OFFICIAL SEAL LONNA G WEISS NOTAA' "UdLIC- OREGON COMMISSION NO 341335 MY COMMISSION'XNIRES DEC 19.2004 N4GI n r*c uunn l opy l 20040428002933.