HomeMy WebLinkAbout1993 - Non-Disturbance Attornment and Subordination Agreement - Sun Life Assurance Company / Creative Space Inc - 9302220877After recording return to:
David N. Lombard
Schwabe, Williamson, Ferguson Rurdell
1420 Fifth Avenue, Suite 3400
Seattle. Wash_naton 98]01 2339
(The abcve space is reserved for the recorder's office)
NON DISTURBANCE, ATTORNMENT AND SUBORDINATION AGREEMENT
T::IS dated for reference purposes the IL,.•, day
of January, 1993, is between CREATIVE CPACE, INC. "Tenant and
SUN LIFE ASSURANCE COMPANY OF CANADA (U.S.), a Delaware corporation
"Heneticiary the beneficiary under a Deed of Trust, Assignment
of Rents and Securitv Agteement "Deed of Trust to be executed by
Hallwood Real Estate Investors Fund XVI, a Delaware general
partnership (formerly Equitec Real Estate Investors Fund XVI, a
California limited partnership) or its successor (the holder of
the landlord's interest in the Lease described below is herein
called the "Landlord as owner of the real property described in
Exhibit A attached hereto and by this reference incorporated herein
(the "Premises and to be recorded in Ring County, Washington to
encumber the Premises, dated 1 1993, and recorded in
Sing County, Washinaton, on /11 1993, under Recording
"o. C (Tenant authorizes Beneficiary or the escrow
agent to fill in the date and recording information)
PP.ELTMTNARY STATEMENT
Tenant has executed a Lease (the "Lease with Equitec
4 Estate Investors Fund XVI dated April 19, 1990 for a portion
of the Premises. Beneficiary will hold the Deed of Trust described
o ?r^- miLc Tenant and Beneficiary desire hereby to
L:tablish certain rights, safeguards, obligations and pr.'ori*_ies
h, respect to their respective interests in the Premises by means
the following nor.- disturbance, attornment and subordination
.•On Hr—RE F ORE, the parties hereto covenant and agree as
cd that the Lease is in full force and effect
._faults thereunder, then:
:he riqht of possession of Tenant to the leased
s rirjhts arisin out of the Lease shall not be
_bed :y the Lscneficiary in the eyercise of any of
ri�nt� r, cr th•'s Deed of Trust or the Note secured thereby.
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b. In the event that the Beneficiary or any other
^crson acg-:ires title to the Premises pursuant to the exercise of
any remedy provided for in the Deed of Trust or by means of a�deed
lieu of foreclosure thereof, the Lease shall not be termirlated
or affected by said foreclosure or deed in lieu of foreclosure and
the Beneficiary hereby covenants that any sale by it of the
remises pursuant to the exercise of any rights or remedies under
the Deed of Trust, or otherwise, shall be made subject to the Lease
and the rights of the Tenant thereunder; and the Tenant covenants
and agrees to attor.n to the Beneficiary, or such person who may
nUrchase the Pro::iscs at a foreclosure sale, as its new landlord,
and the Lease shall continue in full force and effect as a direct
:eaae between Tenant and Beneficiary, or such other person, upon
all the terms, covenants, conditions and agreements set forth in
the Leave. However, in no event shall the Beneficiary or such
_the_ perz, n b^_.
(i) liable for any act or omission of the
s-e--ent Lan�-iord; or
(2) subject to any offsets or defiC.`CnCiC-
which the nna.._ might be entitled to assert against the present
Landlord; or
(3) bound by any payment of rent or addilzional
rent made the Tenant to the Landlord for more than one month in
advance; or
(4) bound by any security deposit which Tenant
may have paid to any prior landlord unless such deposit is in an
oscrow fund available to Beneficiary; or
(5) bound by any amendment to the Lease if
such amendment has not received Beneficibry's prior written
c�nz;cnt, or
bound by any provision in the Lease which
_.._igat ^_s :,and-- to erect or complete any building or to perform
construction work or to make any improvements to the Premises.
2. Tenant agrees with Beneficiary that Tenant will not
:o:uatari' subordinate the Lease to any other lien or encumbrance
3enef__:ary's prior written consent.
The Lease shall be subject and subordinate to the
0 .,._ed of Trust and to all terms conditions and
to all advances made or to be made thereunder,
:iJ, crtension:,
modifications or replacements
orcgoin provinion- shall be self operative and
the execution of any further instruments on the
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part of any patty hereto. However, Tenant agrees to execute and
deliver to the Beneficiary or to any person to whom Tenant herein
afrecs to attorn such other instruments as either shall request in
arder to effectuate said provisions.
5. This Agreement may not be modified other than by an
agreement in writing signed by the parties hereto or by their
respective successors in interest.
6. This Agreemnnt shall inure to the benefit_ of and be
binding upon the parties hereto and their successors and assigns.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be fully executed effective the day and year first
abov._ written.
TENANT:
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CREATIVE SPACE, INC.
By: G`f/ U/f 4
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SUN LIFE ASSURANCE COMPANY OF CANADA
(U.S.), a Delaware corporation
3y:
Its: i
Its:
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STATE OF WASHINGTON
ss.
COUNTY OF KING I
I certify that I know or have satisfactory evidence that
the perscns appearing before me and making this acknowledgment are
the persons whose true signatures appear on this document.
On this day of, /i�? 1993, before me
personally appeared and to me
known to be the and
resoectivel of CREATIVE SPACE, INC., the corporation that
executed the within and foregoing instrument, and acknowledged the
said instrument to be the free and voluntary act and.deed of said
for the uses and purposes therein mentioned, and on
oat: stated that they were authorized to execute said instrument
and thdt the sea! affixed, if any, is the corporate seal of said
corporation.
WITNESS :my hand and oificial seal hereto affixed the day
and year first abov written.
Notary Public ini and for the, State
of Washington, residing at
My commission expires: t /7 /z.r�,
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COMMONWEALTH OF YIASSACIHTjsE:TTS
COUNTY OF, NOR F O LK LK
the Person, a t i that I know or have
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a "cl I ev idence th.,
pet-so 'ho Y
the
;tale of Mnssachusetts
:oun of
on this 17th clay of February, 199.3 !��for- appeared ,"cry, "o me known to be the Senior Associate Cclu:7>;el of the sun i.iic
r,, x annexed inst on
,re Compai1y ,f C anada, duly authur ized to e thP
o! Sun Life Assuraince,Corinaciv of Canada (U.S.), and acknowledged the said
t- be the free and Vo luntary ac t and deed of said corporatLn. for t he uses
pi-poses therein mentioned, and on oath stater' rhat thev were authorized t"
,xecute said 4 n,trumesit, anc that the seal affixed is the corporate Seal of tiaid
l.N <;ITNM 1 AHERFOF, 1 havb hereunto set ry hand and affixed my official sea! the
,!,!v and year irst written shove.
A. Notar-. PuTI
commission expires: ;.,gust 6. 1
lum .130 ror the
re siding at
wealth Of Massachusetts,
MY commission expires:
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COMMONWEALTH OF MASSA:HUSETTS
ss.
COUNTY OF NORFOLK 0
I certify that I know or have satisfactory evidence tha
the persons appearing before me and making this acknowledgment are
the persons whose true signatures appear on this document.
On this day of 1993, before me
personally appeared and
to me known to be the
and
respectively of SUN LIFE ASSURANCE COMPANY OF CANADA (U.S.) a
Delaware corporation, the corporation that executed the within and
foregoing instrument, and acknowledged the said instrument to be
the free and voluntary act and deed of said corporation, for the
uses and purposes therein mentioned, and on oath stated that they
were authorized to execute said instrument and that the seal
affixed, if any, is the corporate seal of said corporation.
WITNESS my hand and official seal hereto affixed the day
and year first above written.
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Notary Public in and for the
Commonwealth of Massachusetts,
residing at
My commission expires:
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PAHCIA. A -I
ALL OF LC.S 2 ANTI 3 OP MMOVER I1DUSTRIAL PARK N0. 5. AS PER FLAT RECORDED
IN VOLUME 83 OF PLATS. PAGES 22 A.N'D 23, RECORDS OF KING COUNTY:
SITUATE IN THE CITY OF TUKWILA. COUNTY OF KING, STATE OF WASHINGTON.
PARCEL. A
ALL THAT PORTION OF LOT 7 OF ANDOVER INDUSTRIAL PARK NO. 5. AS PER PLAT
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RECORDED IN VOLU!IE 83 OF PLATS. PAGES 22 A.N'D 23. RECORDS OF KING COUNTY, LYING
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NORTH OF THE
FOLLOWING DESCRIBED LINE:
BEGINNING AT
THE SOUTHWEST CORNER OF SAID LOT 7:
TEENCE NORTH
01'47'28" EAST. 149.78 FEET:
IOR71:EASTERLY ALONG THE CURVE TO THE RIGHT HAVING A RADIUS OF 216.37
FEET THROUGH
A CENTRAL ANGLE OF 05 °21'43 AN ARC DISTANCE OF 20.25 FEET TO
THE TRUE POINT OF BEGINNING OF SAID LINE:
THENCE SOUTH
88'12'32" EAST 339.74 FEET TO THE EAST BOUNDARY OF SAID LOT 7,
;..z
WHICH IS THE
END OF SAID LINE:
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SITUATE IN THE
CI71' OF TUKN'ILA. COUNTY OF KING. STATE OF WASHINGTON.
PARCEL. A -3:
A PORTION OF
THE WEST 112 OF SECTION 25 AND THE EAST 1/2 OF SECTION 26. ALL IN
TOWNSHIP 23 NORTH. P.tLtiGE 4 EAST W.M. DESCRIBED AS FOLLOWS:
REGINNING AT
THE EAST 1/4 CORNER OF SAID SECTION 26:
THENCE NORTH
88'06'42" WEST ALONG THE EAST -WEST CENTEP,LINE OF SAID SECTION 26
3
A DISTANCE OF
105.84 FEET TO THE TRUE POINT OF BEGINNING:
THENCE NORTH
01'47'28' EAST 2.45 FEET TO A POINT OF CURVATURE:
4
THENCE ALO`:C
A CUP.!'_ TO THE RIGHT HAVING A RADIUS OF 410.28 FEET, THROUGH A
CE1:TP.M. ANGLE
OF 46'46'10 AN ARC DISTANCE OF 334.90 FEET:
(s.
THENCE NORTH
48'33'38" EAST 188.35 FEET:
.S
'!!E':CF ALONG
A CURVE TO THE RIGHT HAVING A RADIUS OF 410.28 FEET, THROUGH A
CENTRAL A_.GLE
OF 72 °16'35 AN ARC DISTANCE CF 517.55 FEET TO AN INTERSECTION
WITH A LINE BEARING
SOUTH 56 °38'20' EAST:
:'HENCE SOUTH
56'38'20 EAST ALONG SAID LINT. A DISTANCE OF 69.93 FEET:
u
'HENCE SOUTH
4P °44'23 EAST 71.30 FEET:
f; .'TH
4.`,'09'2"" FAST 9.91 FEET TO TEE WESTERLY MARGIN OF JMES
-:DA,
1479,
a
37' WEST 46A..23 FEET.
7 !!ENCt: SO :;T;:
32'39'25' WEST 132.67 FEET:
86'12'32" WEST 524.50 FEET:
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TH ?:•:''E •:0•PTEi
01'47'2P." EAST 90.66 FF.F.T TO THE TRUE POINT OF BEGINNING:
CITY OF TUY.wILA, COUNTY 0! Y.(N6. STATE OF WASHINGTON.