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EXHIBIT 99.30
FIRST AMENDMENT TO TRUST AGREEMENT
This First Amendment to Trust Agreement ("Amendment") is entered into
as of this 14th day of April, 1994, by and among XXXXXXXXXX, a Nevada
corporation, as Seller, XXXXXXXXXX, a New York banking corporation, as
trustee, and XXXXXXXXXX, as individual trustee, for the purpose of amending
that certain Trust Agreement ("Trust Agreement") dated as of June 11, 1993 by
and among the undersigned with respect to $5,415,300 Mortgage Pass-Through
Certificates (Borders Books, Utica, Michigan) Series 1993 as follows:
1. Amendment of Section 5.03(i) of the Trust Agreement. Section
5.03(i) is hereby amended by deleting the parenthetical "(except those amounts
described in Section 5.06(d)(i) which shall be deposited in the Excess
Revenue Account)," appearing therein.
2. Amendment of Section 5.06(d) of the Trust Agreement. Section
5.06(d) is hereby amended by deleting the phrase "(i) on or before the
fifteenth day of each calendar month any monthly installment of Annual Rental
received by Trustee for any calendar month commencing June 1, 1993 to and
including May 1, 1994, and (ii)" appearing therein.
3. Amendment of Section 5.09 of the Trust Agreement. Section 5.09
is hereby amended by deleting the second paragraph thereof in its entirety and
substituting the following in lieu thereof:
"On December 15, 1993, the Trustee shall cause the transfer of
funds from the Capitalized Debt Service Account to the
Certificate Account in an amount necessary to satisfy Debt
Service on the Certificates on such date. On June 15, 1994,
the Trustee shall cause the transfer of funds from the
Capitalized Debt Service Account to the Certificate Account in
an amount necessary to satisfy Debt Service on the
Certificates on such date to the extent Debt Service is not
previously satisfied from amounts in the Certificate Account."
4. Effect of this Amendment. Except as otherwise expressly
amended herein, the Trust Agreement shall remain in full force and effect as
originally executed.
5. Capitalized Terms. Capitalized terms used herein and not
otherwise defined herein shall have the meanings specified in the Trust
Agreement.
6. Governing Law. THIS AMENDMENT SHALL BE CONSTRUED IN
ACCORDANCE WITH THE LAW OF THE STATE OF NEW YORK WITHOUT GIVING EFFECT TO THE
CHOICE OF LAW PRINCIPLES THEREOF AND THE OBLIGATIONS, RIGHTS AND REMEDIES OF
THE PARTIES HEREUNDER SHALL BE DETERMINED IN ACCORDANCE WITH SUCH LAWS.
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7. Counterparts. This Amendment may be executed simultaneously in
any number of counterparts, each of which counterparts shall be deemed to be an
original, but all of which together shall constitute one and the same
instrument.
IN WITNESS WHEREOF, the undersigned have caused their names to be
signed hereto by their respective officers thereunto duly authorized as of the
day and year first above written.
XXXXXXXXXX, a
Nevada corporation
/s/
By: ____________________________________
Name: __________________________________
Its: ___________________________________
XXXXXXXXXX, a New York banking
corporation, as trustee
By: ____________________________________
Name: __________________________________
Its: ___________________________________
XXXXXXXXXX, as individual
Trustee
By: ____________________________________
XXXXXXXXXX
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7. Counterparts. This Amendment may be executed simultaneously in
any number of counterparts, each of which counterparts shall be deemed to be
an original, but all of which together shall constitute one and the same
instrument.
IN WITNESS WHEREOF, the undersigned have caused their names to be
signed hereto by their respective officers thereunto duly authorized as of the
day and year first above written.
XXXXXXXXXX, a Nevada corporation
By: _______________________________________
Name: _____________________________________
Its: ______________________________________
XXXXXXXXXX,
a New York banking corporation, as trustee
/s/
By: _______________________________________
Name: _____________________________________
Its: ______________________________________
XXXXXXXXXX, as individual Trustee
By: /s/ XXXXXXXXXX
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XXXXXXXXXX
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ACKNOWLEDGEMENT AND CONSENT BY BORROWER
XXXXXXXXXX, a Michigan limited partnership, (i) hereby acknowledges
receipt of the First Amendment to Trust Agreement ("Trust Agreement Amendment")
to which this Acknowledgement and Consent is attached, entered into as of the
14th day of April, 1994 by and among XXXXXXXXXX, a Nevada corporation, as
Seller, XXXXXXXXXX, a New York banking corporation, as trustee, and XXXXXXXXXX,
as individual trustee, for the purpose of amending that certain Trust Agreement
("Trust Agreement") dated as of June 11, 1993 by and among the above mentioned
parties with respect to $5,415,300 Mortgage Pass-Through Certificates (Borders
Books, Utica, Michigan) Series 1993, (ii) hereby acknowledges and consents to
the execution and delivery of the Trust Agreement Amendment, it being agreed
that such consent shall not be construed to require the consent of the
undersigned to any future supplement to, or amendment, waiver, or modification
of the terms of the Trust Agreement, and, (iii) hereby represents and warrants
to each of the parties to the Trust Agreement and to the Certificateholders
that as of the date hereof there is no default or Event of Default which has
occurred and is continuing under any one or more of the Note Documents.
Capitalized terms used herein and not otherwise defined herein shall have the
meanings specified in the Trust Agreement.
Dated April 14 , 1994.
XXXXXXXXXX,
a Michigan limited partnership
By: XXXXXXXXXX, a Michigan
corporation, its sole General Partner
By: /s/ XXXXXXXXXX
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XXXXXXXXXX
President
(BORROWER)
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