Exhibit 10.36
LOAN MODIFICATION
AGREEMENT
$600,000 Olympia, Washington
March 10, 2000
THIS LOAN MODIFICATION AGREEMENT ("the Agreement") is made and
entered into as of March 10, 2000 by and among Westar Financial Services
Incorporated, A Washington Corporation ("Westar") and Puget Sound Investors, the
Lender.
RECITALS
FOR VALUE RECEIVED, the undersigned, WESTAR FINANCIAL SERVICES
INCORPORATED, a Washington corporation (the "Company"), promises to pay to the
order of PUGET SOUND INVESTORS, (the "Lender"), the principal sum of Six Hundred
Thousand Dollars ($600,000.00), together with interest on the unpaid principal
balance hereof from the date of disbursement by the Lender at the rate and in
the manner hereinafter set forth.
1. Payments of Principal and Interest. The total
principal hereunder shall be due and payable and shall be paid by the Company to
the Lender in one lump sum payment on March 10, 2000. This Note shall bear
interest on the unpaid principal balance at a variable rate per annum equal to
prime plus one percent (currently 8.75%). All interest payable in accordance
with this Note shall be calculated on the basis of a 365 day year for the actual
number of days principal is outstanding. Interest shall be due and payable and
shall be paid by the Company to the Lender on a monthly basis.
2. Pre-Payments. The indebtedness evidenced or created
by this Note may at any time prior to maturity be prepaid in full or in part
without any premium or penalty.
3. Acknowledgment of Subordination. Lender acknowledges
that it hereby intentionally waives, relinquishes and subordinates the priority
and superiority of the lien or charge of the Lender Security Agreement in favor
of the lien or charge of the Bank One Security Interest upon the Residual
Interest, and understands that in reliance upon and in consideration of this
waiver, relinquishment and subordination, specific loans and advances are being
and will be made and specific monetary and other obligations are being and will
be entered into by third parties which would not be made or entered into but for
such reliance upon this waiver, relinquishment and subordination. Lender agrees
to execute such further documents as either Bank One or the Company may
reasonably request to reflect, implement or confirm such subordination.
4. Notice. In case of a lawsuit or action is commenced
to collect this note or any portion thereof, Westar promises to pay, in addition
to the costs provided by statute, such sum as the court may adjudge reasonable
as attorney's fees therein, (including any action to enforce the judgement and
this provision as to attorney's fees and costs shall survive the judgement.)
Venue in any action to enforce this Note shall, at holder's option, shall be in
Xxxxxxxx County, Washington.
5. Governing Law. This Note shall be governed and
construed in accordance with the laws of the State of Washington.
LOAN MODIFICATION
AGREEMENT
Westar, the Borrower, and Puget Sound Investors, the Lender desire to
amend the original loan documents to extend the maturity date from March 10,
2000 to April 30, 2001.
Puget Sound Investors Westar Financial Services Inc.
By: _________________________ By:_________________________
X. X. Xxxxxxxxxxx, Xx. Xxxxx X. Xxx
Page 41
