WORD "AND" AT THE END OF
CLAUSE (VI) THEREOF IS DELETED, (2) THE WORDS "CLAUSES (I) THROUGH (V) ABOVE" IN
CLAUSE (VIII) THEREOF ARE DELETED AND THE WORDS "CLAUSES (I) THROUGH
(VII) ABOVE" SHALL BE SUBSTITUTED THEREFOR AND (3) THE WORDS "ALL SUCH
OBLIGATIONS, LIABILITIES, SUMS AND EXPENSES SET FORTH IN CLAUSES
(I) THROUGH (VI) ABOVE" AT THE END THEREOF ARE DELETED AND THE WORDS "ALL SUCH
OBLIGATIONS, LIABILITIES, SUMS AND EXPENSES SET FORTH IN CLAUSES (I) THROUGH
(VIII) ABOVE" SHALL BE SUBSTITUTED THEREFOR.
E.
THE "PROVIDED, HOWEVER" CLAUSE
IMMEDIATELY ABOVE ARTICLE 1 OF THE MORTGAGE IS AMENDED BY ADDING THE WORDS "AND
THE TERMINATION DATE SHALL HAVE OCCURRED" IMMEDIATELY AFTER THE WORDS "SHALL
HAVE BEEN PAID IN CASH AND PERFORMED IN FULL".
F.
SECTION 1.14
IS HEREBY DELETED IN
ITS ENTIRETY AND SUPERSEDED BY:
"1.14
Maturity Date.
The last stated maturity date of the Obligations
secured hereby is June 28, 2010."
G.
SECTION 6.03 IS HEREBY AMENDED TO
SUBSTITUTE THE FOLLOWING IN LIEU OF THE EXISTING NOTICE ADDRESS FOR MORTGAGEE:
"BANK OF AMERICA, N.A., 335 MADISON AVENUE, NEW YORK, NEW YORK 10017,
ATTENTION:
BUSINESS CAPITAL/URGENT, FACSIMILE:
(212) 503-7330"
H.
SECTION 6.16 OF THE MORTGAGE IS AMENDED
BY (I) ADDING A "(I)" IMMEDIATELY BEFORE THE WORDS "BE DEEMED TO RELEASE" IN THE
PROVISO AT THE END OF THE SECOND SENTENCE THEREOF AND (II) ADDING THE FOLLOWING
LANGUAGE TO THE END OF THE SECOND SENTENCE THEREOF IMMEDIATELY PRIOR TO THE
PERIOD:
"OR (II) RELEASE OR OTHERWISE AFFECT (X) ANY LIABILITIES OR OBLIGATIONS
OF ANY SUCH PERSON UNDER ANY GUARANTY ENTERED INTO BY ANY SUCH PERSON OF ALL OR
ANY OF THE OBLIGATIONS OR (Y) ANY COLLATERAL SECURITY FOR ANY SUCH GUARANTY"
3.
EXCEPT AS MODIFIED HEREBY, THE MORTGAGE
SHALL REMAIN UNCHANGED AND IN FULL FORCE AND EFFECT.
4.
This Agreement may be executed in
counterparts, each of which shall be deemed an original, but all of which shall
constitute one and the same instrument.
IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN DULY EXECUTED BY THE PARTIES HERETO
ON THE DATE FIRST WRITTEN ABOVE.
MORTGAGOR:
Witness:
WILLIAMS SCOTSMAN, INC.
By:
Name:
Title:
MORTGAGEE:
Witness:
BANK OF AMERICA, N.A.,
as collateral agent
By:
Name:
Title:
Permanent Real Estate Index Number: [_______________________]
Address of Real Estate:
[__________________________________________]
Acknowledged by:
WITNESS:
U.S. Bank National Association,
as Senior Secured Notes Trustee
_____________________________
By:
Name:
Title:
EXHIBIT L
STATE OF ________________
)
:ss.
COUNTY OF ______________
)
BEFORE ME, a Notary Public, in and for said county and state personally appeared
the above named WILLIAMS SCOTSMAN, INC., a Maryland corporation, by
__________________, its ___________________ who acknowledged that he did sign
the foregoing instrument and that the same is his free act and deed and the free
act and deed of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal at
___________________________, ___________________ this ____ day of July, 2005.
Notary Public
STATE OF NEW YORK
)
:
ss.
COUNTY OF NEW YORK
)
BEFORE ME, a Notary Public, in and for said county