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XIN I L ND TRIB L CO NCIL WH R the q x n Isl n Tr l Co nc l s the Go ern ng Bo y of the q x n Isl n Tr e ts e ers ts lns ts enterpr ses n ts genc es y the thor ty of the Const t t on n Byl s of the q x n Isl n Tr e s ppro e n opte y the Gener l Bo y n the ecret ry of the Inter or on J ly 8 1965 n WH R n er the Const t t on Byl s n nherent so ere gnty of the Tr e the q x n Isl n Tr l Co nc l s ch rge th the ty of protect ng the he lth sec r ty e c t on n gener l elf re of tr l e ers n of protect ng n n g ng the l ns n tre ty reso rces n r ghts of the Tr e n WH R the Tr e s fe er lly recogn ze In n Tr e possess ng reser e po ers ncl ng the po ers of self go ern ent n WH R the q x n Isl n Tr l Co nc l hs een entr ste th the cre t on of or n nces n resol t ons n or er to f l ll the r ty of protect ng the he lth sec r ty e c t on n gener l elf re of tr l e ers n of protect ng n n g ng the lns n tre ty reso rces of the Tr e n WH R the q x n Isl n Tr e hs entere n nc ng rr nge ent th Col t te B nk n n or er to n ce the B nk to enter s rr nge ent t s necess ry to pro e cert n ss r nces th respect to the B nk’s l ty to tke recor n enforce ts sec r ty nterests NOW TH R OR B IT R OL D the Tr l Co nc l opts th s Resol t on s the l of the Tr e s rel te to those cert n Cre t gree ents te s of g st 1 & 15 2018 y n et een Col t te B nk (the B nk” or ec re P rty”) n the Tr e (the Borro er” or Ple g0r”) n the rel te ec r ty gree ents te s of g st 1 & 15 2018 y n et een the B nk n the Borro er ncl ng the sche les n exh ts thereto (the ec r ty gree ents” n collect ely th the Cre t gree ents the Tr ns ct on Doc ents”) to e effect e for so long s ny o l g t ons re o tst n ng n er ny Tr ns ct on Doc ent C pt lze ter s se here n n not e ne here n h e the s e e n ng s scr e to the n the Tr ns ct on Doc ents NOW B IT RTH R R OL D rt cles 1 5 8 n 9 of the n for Co erc l Co e of the t te of W sh ngton s n effect on th s te n s here er ene fro t e to t e ( t te CC”) together th ll e n t ons se or sect ons of the t te CC referre to n req re for ppl c t on of rt cles 1 5 8 n 9 t h ch re not cont ne n s ch rt cles (collect ely CC Pro s ons”) re here y opte s the l of the Tr e to pro e the B nk th respect to the Tr ns ct on Doc ents ll r ghts l le to sec re p rty h ng sec r ty nterest cre te or perfecte n er the t te CC pro e th t CC—1 n nc ng XIN I L ND TRIB / 10 q x n L ne / helton W 9858 / Phone (360) 26 9 81 x (360) 26 65 5q x n sl n org
Transcript of of - Squaxin Island TribeStatement have been properly filed with the Washington Secretary of...
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SQUAXIN ISLAND TRIBAL COUNCIL
WHEREAS, the Squaxin Island Tribal Council is the Governing Body of the Squaxin Island Tribe, its members, its lands, its enterprises and its agencies by the authority of the Constitution and Bylaws of the Squaxin Island Tribe, as approved and adopted by the General Body and the Secretary of the Interior on July 8, 1965; and
WHEREAS, under the Constitution, Bylaws and inherent sovereignty of the Tribe, the Squaxin Island Tribal Council is charged with the duty of protecting the health, security, education and
general welfare of tribal members, and of protecting and managing the lands and treaty resources and rights of the Tribe; and
WHEREAS, the Tribe is a federally-recognized Indian Tribe possessing reserved powers, including the powers of self-government; and
WHEREAS, the Squaxin Island Tribal Council has been entrusted with the creation of ordinances and resolutions in order to fulfill their duty of protecting the health, security, education and general welfare of tribal members, and of protecting and managing the lands and treaty resources of the Tribe; and
WHEREAS, the Squaxin Island Tribe has entered a financing arrangement with Columbia State
Bank and in order to induce the Bank to enter said arrangement, it is necessary to provide certain assurances with respect to the Bank’s ability to take, record, and enforce its security interests;
NOW THEREFORE BE IT RESOLVED, the Tribal Council adopts this Resolution as the law of the Tribe as related to those certain Credit Agreements dated as of August 14 & 15, 2018, by and between Columbia State Bank (the “Bank” or “Secured Party”) and the Tribe (the “Borrower” or “Pledg0r”), and the related Security Agreements dated as of August 14 & 15, 2018, by and
between the Bank and the Borrower, including the schedules and exhibits thereto (the “Security Agreements” and collectively with the Credit Agreements, the “Transaction Documents”), to be effective for so long as any obligations are outstanding under any Transaction Document. Capitalized terms used herein and not defined herein have the same meaning as ascribed to them in the Transaction Documents.
NOW BE IT FURTHER RESOLVED, Articles 1, 5, 8 and 9 of the Uniform Commercial Code of the State of Washington as in effect on this date and as hereafier amended from time to time (“State UCC”), together with all definitions used or sections of the State UCC referred to
and required for application of Articles 1, 5, 8 and 9, but which are not contained in such Articles (collectively “UCC Provisions”), are hereby adopted as the law of the Tribe to provide the Bank with respect to the Transaction Documents all rights available to a secured party having a
security interest created or perfected under the State UCC provided that a UCC—1 Financing
SQUAXIN ISLAND TRIBE / 10 SE. Squaxin Lane / Shelton, WA 98584 / Phone (360) 426-9781
Fax (360) 426-6577 www.5quaxinisland.org
Statement have been properly filed with the Washington Secretary of State’s Office or the appropriate filing office in the District of Columbia, subject, however, to the following:
(1) The UCC Provisions shall be applicable throughout the lands under the sovereign control of the Tribe, but shall be applicable only to the Transaction Documents, and all documents, agreements, moneys and property, whether tangible or intangible, evidencing or securing the same, including the Collateral as
defined in the Transaction Documents;
(2) Notwithstanding the other provisions of this Section or the State UCC, a
security interest requiring the filing of a financing statement shall become effective and shall remain in effect once filed without need for further renewal or extension (a) if filed on a Form UCC—1 presently acceptable for such purposes under the State UCC, and (b) if filed in the office of the Secretary of the State of Washington, or the appropriate filing office in the District of Columbia; and
(3) Notwithstanding any other provisions of this Section or the State UCC, the provisions herein shall apply to the Borrower even though the Borrower may be a “government” as such term is defined in the State UCC.
NOW BE IT FINALLY RESOLVED, no amendment or repeal of this Resolution shall be effective with respect to any security interest that is (a) subject to the terms of this Resolution; and (b) existing at the time of such amendment or repeal.
CERTIFICATION
The Squaxin Island Tribal Council hereby certifies that the foregoing Resolution was adopted at the regular meeting of the Squaxin Island Tribal Council held on this :LV‘ dad of
30:3 V A ,2018, at which time a quorum was present and was passed by a vote of for an 53 against, with U abstentions.
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Attested by: MW JerefiejValls, Secretary
QLMIML MW Charlene Krise, Vice Chairman
