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HomeMy WebLinkAbout1985 - Assignment of Leases and Rents - Nendel's Tukwila Associates - 85100411818510041181 ASSIGnMENT OF LEASES and RENTS KNOW ALL MEN BY THESE PRESENTS,, that NENDEL'S TUKWILA ASSOCIATES a Hashington qeneral partnership - ssIgnor, in consi eration or I en Uo I I ars and in consideration of the making of the mortgage loan set forth hereinafter, and other good and valuable consideration paid by UNITED STATES NATIONAL BANK OF OREGON, a national banking association, Assignee, hereby assigns unto the assignee all rents, income, profits, royalties, bonuses, and /or benefits arising from the following described land. See attached exhibit "A" for legal description FILED FOR RECORD AT REQUE�7 CF SAFECO TITLE INSURANCE COMPANY 2615 4th AVENUE. SEATTLE. VA 33!2 TO HAVE AND TO HOLD the same unto the assignee, and to the successors and assigns of the assignee forever. THE AFORESAID is to be held by the assignee as collateral security for the payment of the principal and interest provided to be paid in certain Deed of Trus: c{ given by NENDEL'S TUKrlILA ASSOCIATES a Washington � general partnership to UN N N , a nat�ona an ing assoclatTOn, in the scm 7 of EIGHT MILLION ONE HUNDRED THOUSAND AND NO/100 ----------------------------------- ----------------------------------- - - - - -- 8 an to turther H secure the payment of a I I taxes anT assessments due and to 5—come due upon the to mortgage property under Deed of Trust dated October 1, 1985 , covering the CO premises herein described, and the acceptance of this- assignment an the payments hereb %, assigned shall be without prejudice to and shall not constitutz a ;:er any rights of the assignee under the terms of said Deed of Trust. And it is expressly understood and agreed by the parties hereto that said assignor reserves and is entitled to collect and retain the rentals unless and until default occurs in the performance of said Deed of Trust. FURTHERMORE, IT IS UNDERSTOOD that this assignment shall not operate to place responsibility for the control, care, management or repair of said premises upon the assignee, nor shall it operate to make the assignee responsible or liable for any waste committed on the property by the tenants or any other party, or for any dama,ed Cr defcctive co.n. 'tion ns ♦fie �... r.., � 1= • rrCT'_, Cr ,vany management, upkeep, repair, or control of said premises resulting in loss or injury or death to any tenant, licensee, employee or stranger, or any other person or party. IN THE EVENT of any default, the assignee is hereby constituted attorney in fact for the assignor and empowered to collect the rents, income, profits, royalties, bonuses, and /or benefits hereby assigned, and apply the same, and further, the assignee shall have the right to enter upon said premises and let the same, or any part thereof, and collect the rents, income, profits, royalties, bonuses and /or benefits therefrom which are due or to become due and apply the same after payment of all charges and expenses on account of said indebtedness. THE ASSIGNEE SHALL HAVE THE sole and uncontrolled election whether or not it will exerci�a !'Sn nnwpr, hp:': . . -n.' n � .} n 'ti cha . M11 Uu:i�,..LUu- J rj C„c, Cur , Cu CXd7'CiSC Uld Sah,e dL any time', nor shall the assignee be Iiable�to collect any rents, or .make any repairs, or disbursem=_nts for maintenance or management. IT IS FURTHER UNDERSTOOD that no security deposited by the tenant with the assignor under the terms of the tenancy has been transferred to the assignee, and that the assignee assumes no liability for any security so deposited. IT IS FURTHER UNDERSTOOD that the singular shall include the plural and plural shall include the singular as used herein and this agreement shall be binding upon the successors, heirs, assigns and personal representatives of the parties hereto, and all rights hereunder shall in property case inure to the benefit of the assignee and may be enforced by its or their agents. IN WITNESS WHEREO -,._said assignor s1 ed this instrument and hereto set hart z and sr ' this day of �e-- -X- X L -- , fg5r''. NENDEL'S TUKWILA ASSOCIATES, a Washinc_ton general partnershin D t R JQ CE M. EBERT e•i tri o STATE OF OREGON 1 ss. County of Multnomah ) �; THIS CERTIFIES that on this 3rd day of October I985 personally appeared before me, the undersigned, a Notary Public in and for said County and State, the within named Teddy N. Moore known to me to be the person of the partnership c' Nendel s Tukwila Associates W ar.0 ac now e ged to me that e execute said instrument ree y and voluntarily for the purposes and use therein mentioned on behalf of said partnership. IN TESTIMONY WHEREOF, I have hereunto set my hand and notarial seal the day and year last above written. tG No ary Public- for r on My commission expires: c, c/ L/ / <<✓% efore me: a f / I Nufaq bl1c f0f GNot]pa L_ My commission erplfes EXHIBIT "A" That portion of Henry Meader Donation Claim No. 46, lying within Section 24, Township 23 North, Range 4 East, W.M., in King County, Washington, described as follows: BEGINNING at the intersection of the centerline of South 158th Street as the same was originally established, and the centerline of West Valley Highway (SS,! 2 -M', ; thence North 7 040'58" West along centerline of the said West Valley Highway 32.17 feet; thence South 86 °04'17" West 280.13 feet; thence North 7 140158" West 20 feet to the TRUE POINT OF BEGINNING of this description; thence South 7 140'58" East 20 feet; ~ thence North 86 004'17" East 220 feet to the Westerly line of said highway; thence Southerly along the Westerly margin of said highway 109.00 feet; South 7 °40'58" East O thence South 2 031'16" West 101.61 feet; O thence South 7 °40'5B" East 285.08 feet; thence leaving said Westerly margin South 86 °04'17" West to the Easterly bank of the Green River as now established; thence Westerly and Northerly along said river bank to a point which bears South 86 004'17" West to the TRUE POINT OF BEGINNING; thence North 86 004117" East to the TRUE POINT OF BEGINNING; 1 EXCEPT that portion thereof adjoining the Green River, condemned by the State of Washington in King County Superior Court.Cause No. 592029; AND EXCEPT a strip of land 10 feet in width lying Southerly and Southeasterly of and immediately adjoining the excepted portion first above described; AND EXCEPT that portion thereof, described as follows: COMMENCING at the intersection of the centerline of South 158th Street as the same was originally established, and the centerline of West Valley Highway (SSH 2 -M) ; thence North 7040'58" West along centerline of the said West valley Highway 32.17 feet; thence South 86 004'17" West 60.13 feet to the West margin of said highway; thence Southerly along the Westerly margin of said highway South 7 °40'58" East 109.00 feet; thence South 2 031'16" West 101.61 feet to the TRUE POINT OF BEGINNING; thence North 2 031116" East 101.61 feet; thence North 7°0159- °t 109.00 f eat; thence South 86 04'17" West 220.00 feet; thence North 7 040'58" West 20.00 feet; thence South 86 004'17" West 43.78 feet; thence South 40 West 191.52 feet; thence South 86° East 290.00 feet to the TRUE POINT OF BEGINNING. 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