DEED OF TRUST, ASSIGNMENT OF RENTS AND LEASES, AND SECURITY AGREEMENT
EXHIBIT
99.4
After
Recording Mail To:
ACCESS
BUSINESS FINANCE, L.L.C.
14205
S.E. ▇▇▇▇ ▇▇▇▇▇▇,
▇▇▇▇▇ ▇▇▇
Bellevue,
WA 98006
Attn: ▇▇▇▇▇▇▇
▇. ▇▇▇▇▇▇▇▇
Loan Nos.
SYNT01, SYNT03 & SYNT04
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SECOND
MODIFICATION OF
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DEED
OF TRUST, ASSIGNMENT OF RENTS AND LEASES,
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AND
SECURITY AGREEMENT
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THIS
SECOND MODIFICATION OF DEED OF TRUST, ASSIGNMENT OF RENTS AND LEASES, AND
SECURITY AGREEMENT (Fixture Filing) (this “DOT Mod
2”) dated for reference purposes November 1, 2008, modifies the Deed of
Trust, Assignment of Rents and Leases, and Security Agreement (Fixture Filing)
(together with this DOT Mod 2 and the DOT Mod 1, the “Deed of
Trust”) dated June 15, 2006, and recorded June 30, 2006, under
Linn County, Oregon, recording number 2006-16030, from SYNTHETECH, INC., an
Oregon corporation, as Grantor, (“Borrower”) to FIRST AMERICAN TITLE
INSURANCE COMPANY OF OREGON as Trustee in favor of ACCESS BUSINESS FINANCE,
L.L.C., a Washington limited liability company, as Beneficiary, (“Lender”) encumbering the real
property (“Property”)
legally described on Exhibit A to the Deed of Trust, as amended by the
Modification of Deed of Trust, Assignment of Rents and Leases and Security
Agreement dated May 1, 2008, and recorded May 20, 2008, under Linn
County, Oregon, recording number 2008-10238 (the “DOT
Mod 1”). The Deed of Trust is modified as provided below
pursuant to the Amended and Restated Loan and Security Agreement (“Loan
Agreement”) dated the same as this DOT Mod 2.
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1.
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The
Deed of Trust secures the Promissory Note (the “Second
Term Loan Note”, Loan No. SYNT04) dated the same as this DOT
Mod 2 in the principal sum of FIVE HUNDRED THOUSAND and no/100
DOLLARS ($500,000.00) made by Borrower in favor of ▇▇▇▇▇▇. The
Maturity Date of Note is on or before December 1,
2011.
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2.
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The
Deed of Trust continues to secure the Promissory Note (the “First Term
Loan Note”, Loan No. SYNT03) dated May 1, 2008, in the
original principal sum of FIVE HUNDRED FIFTY THOUSAND and no/100 DOLLARS
($550,000.00) made by ▇▇▇▇▇▇▇▇ in favor of ▇▇▇▇▇▇. The Maturity
Date of Note is on or before May 5,
2011.
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3.
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The
Deed of Trust continues to secure the Loan Agreement, which obligation in
the maximum principal amount of TWO MILLION and no/100 DOLLARS
($2,000,000.00) (Loan No. SYNT01) is in addition to the loan evidenced by
the Note.
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4.
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All
references to “Loan Agreement” in the Deed of Trust shall mean the Amended
and Restated Loan and Security Agreement dated the same as this DOT
Mod 2. The definition of the term “Loan
Documents” is modified to include the Second Term Loan Note and
this DOT Mod 2, and all other documents and instruments executed or
delivered in connection with this DOT Mod 2, the Second Term Loan
Note, or the Loan Agreement.
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5.
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Any
Event of Default under the First Term Loan Note or the Second Term Loan
Note is an Event of Default under the Deed of
Trust.
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This DOT
Mod 2 may be executed in any number of counterparts, each of which shall be
deemed an original, and all of which shall be taken to be one and the same
instrument, for the same effect as if all parties hereto had signed the same
signature page.
In all
other respects the provisions of the original Deed of Trust are hereby affirmed
and ratified. This DOT Mod 2 is not intended and shall not be
construed to impair the validity, priority or enforceability of the original
Deed of Trust or the other Loan Documents.
DATED as
of the year and date first above written.
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“Lender”
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ACCESS
BUSINESS FINANCE, L.L.C., a Washington limited liability
company
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By:
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“Borrower”
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SYNTHETECH,
INC., an Oregon corporation
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By:
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STATE
OF WASHINGTON
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| County of King | ) |
I certify
that I know or have satisfactory evidence that ____________________
____________________________________ is the person who appeared before me, and
said person acknowledged that he signed this instrument, on oath stated that he
was authorized to execute the instrument and acknowledged it as the
____________________________ of ACCESS BUSINESS FINANCE, L.L.C. to be the free
and voluntary act of such party for the uses and purposes mentioned in the
instrument.
DATED
this _____ day of _____________________, 2008.
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________________________________________
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Notary
Public in and for the State of Washington,
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residing
at _______________________________
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________________________________________
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Name
(printed or typed)
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My
appointment expires:
_________________
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STATE
OF OREGON
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| COUNTY OF __________ | ) |
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_____________________________________
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Notary
Public for the State of Oregon,
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My
Commission Expires:
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