EXHIBIT 10.105.1
ADDENDUM
WITNESS THIS ADDENDUM to be incorporated in and
made a part of that certain Deed of Trust and Security
Agreement dated October 2, 1996 (the "Deed of Trust"), between
Systems and Services Technologies, Inc. ("Borrower") and the
First Bank of Missouri ("Lender").
In consideration of and in connection with the sum or
sums to be loaned to Borrower to Lender under the terms of that
certain promissory note of even date herewith in the principal
amount of $705,000.00, executed by Borrower and made payable
to the order of Lender, and for other valuable consideration, the
receipt and sufficiency of which is hereby acknowledged,
Borrower and Lender hereby agree that the terms and conditions
of the Deed of Trust shall be and are hereby modified, altered
and changed as follows:
1. The last sentence of the last paragraph of Section
4 is hereby deleted in its entirety.
2. Paragraph I of Section 10 is hereby deleted in its
entirety and, in lieu thereof, a new Paragraph I, Section 10 is
hereby added to read as follows:
A transfer of a substantial part of Grantor's money or
property to any person or party other than Aegis Consumer
Funding Group, Inc.
3. The first sentence of Section 11 is hereby deleted
in its entirety and, in lieu thereof, a new first sentence of Section
11 is hereby added to read as follows:
At the option of Bank, all or any part of the principal and
accrued interest on the Obligations shall become immediately
due and payable after the giving of ten (10) days written notice
by Bank to Grantor of any non-monetary Event of Default, or
the giving of five (5) days written notice by Bank to Grantor of
any monetary Event of Default, or at any time thereafter.
4. Subparagraph I, Paragraph B, Section 18 is hereby
deleted in its entirety and, in lieu thereof, a new Subparagraph 1,
Paragraph B, Section 18 is hereby added to read as follows:
To the best of Grantor's knowledge, except as previously
disclosed and acknowledged in writing to Bank, no hazardous
Substance has been, is or will be located, transported,
manufactured, treated, refined, or handled by any person on,
under or about the Property except in the ordinary course of
business and in strict compliance with all applicable
Environmental Law.
5. Paragraph C and paragraph E of Section 27, as
well as the last sentence of Section 27, are hereby deleted in
their entirety.
6. A new Paragraph F to Section 30 is hereby added
to read as follows:
Trustee agrees to release this Deed of Trust upon
payment of all Obligations secured by this Deed of Trust.
7. Paragraph A of Section 34 is hereby deleted in its
entirety.
8. Except as herein modified, all terms, conditions
and provisions of the Deed of Trust shall remain in full force
and effect and unchanged.
IN WITNESS WHEREOF, the parties hereto have caused
this Addendum to have been executed as of this _____ day of
_____________, 1996.
GRANTOR:
SYSTEMS & SERVICES TECHNOLOGIES, INC.
By:
Xxxxxxx X. Xxxxx, Chief Executive Officer
BANK:
THE FIRST BANK OF MISSOURI
By:
Xxxxx X. Xxxxxxxx, Vice President
STATE OF MISSOURI )
)
COUNTY OF CLAY )
On this ___ day of __________, 19___, before me, a
notary public, personally appeared Xxxxxxx X. Xxxxx, Chief
Executive Officer, to me personally known, who, being by me
duly sworn, did say that he is acting in the capacity shown above
on behalf of Systems & Services Technologies, Inc., a Delaware
corporation, and that said instrument was signed and sealed on
behalf of said corporation by authority of its board of directors,
and that Xxxxxxx X. Xxxxx acknowledged said instrument to be
the free act and deed of said corporation, and that said
corporation has no corporate seal.
Notary Public
My Commission Expires:
STATE OF MISSOURI )
)
COUNTY OF CLAY )
On this ___ day of _________, 19 ___, before me, a
notary public, personally appeared Xxxxx X. Xxxxxxxx, Vice
President, to me personally known, who, being by me duly
sworn, did say that he is acting in the capacity shown above on
behalf on the First Bank of Missouri, a Missouri corporation, and
that said instrument was signed and sealed on behalf of said
corporation by authority of its board of directors, and that
Xxxxx X. Xxxxxxxx acknowledged said instrument to be the free
act and deed of said corporation, and that said corporation has no
corporate seal.
Notary Public
My Commission Expires:
