EX-10.36.3 15 a06512exv10w36w3.txt EXHIBIT 10.36.3 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:______________________________ James Currie John Coluccio Title: Corporate Real Estate, Manager Title: President By:_____________________________________ By:______________________________ Lee Whatcott Keith Ford Title: CFO Title: Assistant Vice President Date: __________________________________ Date:____________________________ SUBLESSEE: WFS Receivables Corporation 2 SUBLESSEE: WFS Receivables Corporation 3 By:_____________________________________ By:______________________________ John Coluccio John Coluccio Title: President Title: President By:_____________________________________ By:______________________________ Keith Ford Keith Ford Title: Assistant Vice President Title: Assistant Vice President Date:___________________________________ Date:____________________________ SUBLESSEE: WFS Financial Auto Loans 2 SUBLESSEE: Western Auto Investments, Inc Inc. By:__________________________________ By:_____________________________________ John Coluccio John Coluccio Title: President Title: President By:__________________________________ By:_____________________________________ Keith Ford Keith Ford Title: Assistant Vice President Title: Assistant Vice President Date:________________________________ Date:___________________________________ SUBLESSEE: WFS Funding, Inc. SUBLESSEE: WFS Receivables Corporation 4 By:__________________________________ By:_____________________________________ John Coluccio John Coluccio Title: President Title: President By:__________________________________ By:_____________________________________ Keith Ford Keith Ford Title: Assistant Vice President Title: Assistant Vice President Date:________________________________ Date:___________________________________ 2 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. 3