EXHIBIT 10.36.3
THIRD AMENDMENT TO SUBLEASE
THIS THIRD AMENDMENT TO SUBLEASE ("Amendment") is entered into as of this 1st
day of April 2004, by and between WFS FINANCIAL INC., ("SUBLESSOR"), and WFS
RECEIVABLE CORPORATION, WFS RECEIVABLES CORPORATION 2, WFS RECEIVABLES
CORPORATION 3, WFS RECEIVABLES CORPORATION 4, WFS FINANCIAL AUTO LOANS 2, INC.,
WESTERN AUTO INVESTMENTS, INC., AND WFS FUNDING, INC., (EACH INDIVIDUALLY KNOWN
AS THE "SUBLESSEE" AND COLLECTIVELY KNOWN AS THE "SUBLESSEES") and hereby amends
the Sublease between Sublessor and Sublesees dated June 1, 2002. Sublessor and
Sublessees hereby agree to the following:
A. PARTIES: The Sublease shall be amended to remove WFS Financial
Auto Loans, as a party to the Sublease.
B. RENT: Effective April 1, 2004, Exhibit "A-1" shall be replaced by
Exhibit "A-2" attached hereto.
C. SECURITY DEPOSIT: Effective April 1, 2004, the first sentence of
Section 7 shall be amended to read: "Sublessees shall each deposit One
Hundred Twenty Six and 17/100 Dollars ($126.17) as security for
Sublessess' faithful performance of Sublessees' obligations hereunder
("Security Deposit")."
Except as modified by this Third Amendment to Sublease, the Sublease shall
remain in full force and affect. This Third Amendment to Sublease and the
Sublease embodies the entire agreement between the parties relating to the
subject matter contained herein.
SUBLESSOR: WFS Financial Inc SUBLESSEE: WFS Receivables Corporation
By:_____________________________________ By:______________________________
Xxxxx Xxxxxx Xxxx Xxxxxxxx
Title: Corporate Real Estate, Manager Title: President
By:_____________________________________ By:______________________________
Xxx Xxxxxxxx Xxxxx Xxxx
Title: CFO Title: Assistant Vice President
Date: __________________________________ Date:____________________________
SUBLESSEE: WFS Receivables Corporation 2 SUBLESSEE: WFS Receivables
Corporation 3
By:_____________________________________ By:______________________________
Xxxx Xxxxxxxx Xxxx Xxxxxxxx
Title: President Title: President
By:_____________________________________ By:______________________________
Xxxxx Xxxx Xxxxx Xxxx
Title: Assistant Vice President Title: Assistant Vice President
Date:___________________________________ Date:____________________________
SUBLESSEE: WFS Financial Auto Loans 2 SUBLESSEE: Western Auto Investments,
Inc Inc.
By:__________________________________ By:_____________________________________
Xxxx Xxxxxxxx Xxxx Xxxxxxxx
Title: President Title: President
By:__________________________________ By:_____________________________________
Xxxxx Xxxx Xxxxx Xxxx
Title: Assistant Vice President Title: Assistant Vice President
Date:________________________________ Date:___________________________________
SUBLESSEE: WFS Funding, Inc. SUBLESSEE: WFS Receivables Corporation 4
By:__________________________________ By:_____________________________________
Xxxx Xxxxxxxx Xxxx Xxxxxxxx
Title: President Title: President
By:__________________________________ By:_____________________________________
Xxxxx Xxxx Xxxxx Xxxx
Title: Assistant Vice President Title: Assistant Vice President
Date:________________________________ Date:___________________________________
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EXHIBIT "A-2" TO SUBLEASE
RENT SCHEDULE
Each of the Seven (7) Subl essees shall pay one seventh (.1429%) of the Minimum
Rent and Opera ting Costs in accordance with Sections 6.1, 6.2 and the Rent
Schedule indicated below.
RENT SCHEDULE
Amount due from each
Period Minimum Rent Sublessee
------ ------------------- --------------------
April 1, 2004 - April 30, 2004 $883.20 per month $126.17 per month
May 1, 2004 - April 30, 2005 $909.72 per month $129.96 per month
May 1, 2005 - April 30, 2006 $936.99 per month $133.86 per month
May 1, 2006 - April 30, 2007 $965.10 per month $137.87 per month
May 1, 2007 - April 30, 2008 $994.05 per month $142.01 per month
May 1, 2008 - April 30, 2009 $1,023.90 per month $146.27 per month
May 1, 2009 - April 30, 2010 $1,054.59 per month $150.66 per month
May 1, 2010 - April 30, 2011 $1,086.20 per month $155.17 per month
May 1, 2011 - April 30, 2012 $1,118.82 per month $159.83 per month
OPERATING COSTS
Sublessees prorata share of the Operating Cost due under the Sublease is Eight
and Forty Three Hundredths percent (8.43%). Each Sublessee shall pay one Seventh
percent (.1429%) of the total amounts due. The initial Operated Cost for the
Sublease is $160.00 per month therefore each Sublessee shall pay $22.86 per
month. The Operating Cost is subject to adjustments in accordance with Section
6.2 of the Sublease.
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