HomeMy WebLinkAbout1993 - Non-Disturbance Attornment and Subordination Agreement - Sun Life Assurance Company / CALCOMP - 93032217599303221759
After recording return to:
David N. Lombard
Schwabe, Williamson, Ferguson Surd
1920 Fifth Avenue, Suite 3900
Seattle. Washinaton 98101 -2339
(The above space is reserved for the recorder's office)
NON- DISTURBANCE, ATTORNMENT AND SUBORDINATION AGREEMENT
THIS AGREEMENT, dated for reference purposes the 19th day of
January, 1993, is between CALCOMP A CALIFORNIA CORPORATION ("Tenant")
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arid SUN LIFE ASSURANCE COMPANY OF CANADA (U.S.), a Delaware corporation
U) "Beneficiary the beneficiary under a Deed of Trust; Assignment of
Rents and Security Agreement "Deed of Trust to be executed by Hallwood
Peal Estate Investnr; Fund XvI,a Delaware general partnership or its
j successor (the holder of the Landlord's interest in the Lease described
below is herein call. -d the "Landlord as owner of the real property
described in Exhibit A attached hereto and by this reference
r incorporated herein (the "Premises and to be recorded in King County,
Washington to encumber the Premises, dated February 16 ,1993, and
recorded in Ying County, Washington, on February 18 1993, under
Recording No. 9302180888 (Tenant authorizes Beneficiary or the escrow
agent to _`ilI in the date and recording information).
PRELIMINARY STATEMENT
Tenant has executed a Lease (the "Lease with Hallwood Real
F ^torte Investors Fund Y.VI dated March 11, 1992 for a portion of the
Premises. Beneficiary will hold the Deed of Trust described above on the
Prem.;ses. Tenant and Beneficiary desire hereby to establish certain
rights, safeguards, obligations and priorities with respect to their
respective interests in the Premises by means of the following non
disturbance,attornment and subordination agreement.
NOW, THEREFORE, the parties hereto covenant and agree as
Provided that the Lease is in full force and effect and
thy-° arq no uncured defaults thereunder, then.:
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a. The right of possession of Tenant to the leased 1
pr ^rises end Tenant's r_--hts arising out of the Lease shall not be S
affected or disturbed by the Beneficiary in the exercise of any of its
under the Deed of Trust or the Note secured thereby.
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b. In the event that the Beneficiary or any other
parson acquires title to the Premises pursuant to the exercise of any
remedy provided for in the Deed of Trust or by means of a deed in lieu of
foreclosure thereof, the Lease shall not be terminated or affected by said
foreclosure or deed in lieu of foreclosure and the Beneficiary hereby
covenants that any sale by it of the Premises 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 attorn to the Beneficiary, or such
person who may purchase the Premises at a foreclosure sale, as its new
landlord, and the Lease shall continue in full force and effect as a direct
lease between Tenant and Beneficiary, or such other person, upon all the
terms, covenants, conditions and agreements set forth in the Lease.
However, in no event shall the Beneficiary or such other person be:
(1) liable for any act or omission of the
present Landlord; or
(2) subject to any offsets or deficiencies which
the Tenant might be entitled to assert against the present Landlord; or
(3) bound by any payment of rent or additional
g rent made by the Tenant to the Landlord for more than one month`in
.t) advance; or
(4) bound by any amendment to the Lease if such
amendment has not received Beneficiary's prior written consent; or
(5) bound by any provision in the Lease which
T` obligates Landlord to erect or complete any building or to perform any
construction work or to make any improvements to the Premises.
2. Tenant agrees with Beneficiary that Tenant will not
voluntarily subordinate the Lease to any other lien or encumbrance
without Beneficiary's prior written consent.
3. The Lease shall be subject and subordinate to the lien
or the De( -1 of Trust and to all terms, conditions and provisions thereof,
to all advances made or to be made thereunder, and to any renewals,
extensions, modifications or replacements thereof.
4. The foregoing provisions shall be self operative and
effective without the execution of any further instruments on the part
of any party hereto. However, Tenant agrees to execute and deliver to
the Beneficiary or to any person to whom Tenant herein agrees to attorn
such other instruments as either shall rFasonabiy request in order to
(79591 ?a5Q /GNL /50053.1)
effectuate said provisions, provided, however, such other instrume
does not relate to the modification of the Lease relating to the amount
rent or oth, -r charges reserved therein, the size and /or location of t
Premises, the duration of, and /or commencement date of the Lease Term,
the improvements to be made by Landlord to the Premises prior
delivery of possession.
5. This Agreement may not be modified other than by
agreement in writing signed by the parties hereto or by their respect.
successors in interest.
6. This Agreement shall inure to the benefit of and
binding upon the parties hereto and their successors and assigns.
IN WITNESS WHEREOF, the parties-hereto have caused t
A greement to be fully executed effective the day and year first ab:
written.
BENEFICIARY:
SUN LIFE ASSURANCE COMPANY OF CANAD.
(U.S.), a Delaware corporation
By:
By:
Its:
(79591/3:3960/Dr1L/50063.1) 3
TENANT:
CALCOMP INC
A CALIFORNIA CORPORATION
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;n
By: 5'�jz`'
�!s; Director, Facilities
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Its:
BENEFICIARY:
SUN LIFE ASSURANCE COMPANY OF CANAD.
(U.S.), a Delaware corporation
By:
By:
Its:
(79591/3:3960/Dr1L/50063.1) 3
cr, Notary Public in and for the State of
residing at
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YIGNI TNUMB%UNT tOPTIONAL)
State of California
County of Orangc
On 2/15/93 before
me, Judith I. Goula, Notary Public
(DATE)
(NAME. rIrLE OF OFFICER LIE. JANE DOE. NOTARY PUBLIC
personally appeared tr n
W r:r nn
CAPACITY CLAIMED BY SIGNER(S)
(NAME(S) OF SIGNER(S))
89 INDIVIDUAL(S)
CORPORATE
OFFICER(S)
PARTNER(S) IrIT E(SII
6 personally ;:nown to me OR proved to me on the basis of satisfactory evidence
ATTORNEY IN FACT
to be the person(s) whose name(s) is /are sub-
TRUSTEE(S)
scribed to the within instrument and acknowledged
GUARDIAN /CONSERVATOR
to me that he /she /they executed the same in
OTHER:
his /her /their authorized rapacity(ies), and that by
his /her /their signature(s) on the instrument the
person(s), or the entity upon behalf of which the
.2UDnH I Gout
r OFFICIAL NOTARY SEAL
person(s) acted, executed the instrument.
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENrlTYAES))
Nn" PNDBo-CaBbrnfa
Witness my hand and official seal.
Calconp, Inc.
ORANGE COUNTY
Ay comm. •Vk" DEC 29. 190
i +Ail
ISIGNAIURE OF NOTARY
ATTENTION.VOTARY: The information requested below is IONAL It could, nOwevB,, Prevent attachment of this certificate to any unauthorized document.
THIS CERTIFICATE
Title or Type of Document Non- Disturbance, A.ttornment Subordination Agree
MUST BE ATTACHED
Number of Pages 3 Date of Document
493 Men
TO THE DOCUMENT
DESCRIBED AT RIGHT:
Signer(s) Other Than Named Above N/A
WGLCCTTS FORM Q240 -Ali PLAPOSE ACxNLKEDGMENT YAh( WiER CAPACITY /REPRESENTATIDNITINGERM NT -Rh• 12.91
01992 WOLCenS REAMS. MC
cr, Notary Public in and for the State of
residing at
r` My commission expires:
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COMMONWEALTH OF MASSACHUSET SS.
.....e..mv nF WnRFOLK
State of Massachusetts
County of Norfolk
On this 26th day of February, 1993 before
Margaret Sears Mead, to me known to be the Senior Associate Couns
Assurance Company of Canada, duly authorized to execute the annex
behalf of Sun Life Assurance Company of Canada (U.S.), and acknow
instrument to be the free and41 jntary act and deed of said corp
and purposes therein mer,Ltioead on oath stated that they were
execute said instrumen ,t.fnd' that eb•e *seal affixed is the corpora
corporation.
w r.. �O''
I% WITNESS WHEtiEq�y I have tereunto'set my hand and affixed m:
(day and year firs it, ,abpve.
Denise A. Arnold, Notary PubT•i•c
My commission expires: August 6, 1993
In
N Notary Public in and 1
commwealth of Massac)
c7 residing at
My commission expire!
(79591/83960/DNL/50430.1) 5
EXHIBIT A.
PARCEL A -1:
ALL OF LOTS 1. 2 AND 3 OF ANDOVER INDUSTRIAL PARK NO. 5. AS. PER
IN VOLUME 83 OF PLATS. PAGES 22 AND 23, RECORDS OF KING COUNTY:
SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHING
PARCEL A -2:
ALL THAT PORTION OF LOT 7 OF ANDOVER INDUSTRIAL PARK NO. S. AS,ir
RECORDED IN VOLUME 83 OF PLATS, PAGES 22 AND 23, RECORDS OF KING
NORTH OF THE FOLLOWING DESCRIBED LINE.
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 7:
J` THENCE NORTH 01 °47'28" EAST. 149,78 FEET:
THE::CE NORTHEASTERLY ALONG THE 'CURVE TO THE RIGHT HAVING A RADIO
FEET THROUGH A CENTRAL ANGLE OF O5 °21'43 AN ARC DISTANCE OF 2C
CV THE TRUE POINT OF BEGINNING OF SAID LINE:
THENCE SOUTH 88 °12'32" EAST 339.74 FEET TO THE EAST BOUNDARY OF
WHICH IS THE END OF SAID LINE:
SITUATE IN THE CITY OF TUKWILA. COUNTY OF KING, STATE OF WASHING
PARCEL A -3:
A PORTION OF THE WEST 1/2 OF SECTION 25 AND THE EAST 1/2 OF SEC"
TOWNSHIP 23 NORTH. RANGE 4 EAST W.M. DESCRIBED AS FOLLOWS:
BEGINNING AT THE EAST 1 /4.CORNER OF SAID SECTION 26:
THENCE NORTH 88 °06'42" WEST ALONG THE EAST -WEST CENTERLINE OF S,
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:
THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 410.28 FEE'
CENTRAL ANGLE OF 46 °46'10 AN ARC DISTANCE OF 334.90 FEET:
THENCE NORTH 48 °33'38" EAST 188.36 FEET:
THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 410.28 FEE
CENTRAL ANGLE OF 72 °16'35 AN ARC DISTANCE OF 517.55 FEET TO A
WITH A LINE BEARING SOUTH 56 °36'20" EAST:
THENCE SOUTH 53 EAST ALONG SAID LINE A DISTANCE OF 69.93
THENCE SOUTH 48 44'23" EAST 71.30 FEET:
THENCE SOUTH 45 09'27" EAST 9.91 FEET TO THE WESTERLY MARGIN OF
CHRISTENSEN ROAD NO. 1479:
THENCE SOUTH 37 °54'41` WEST 468.23 FEET:
Tr.EI:CE SOUTH 32 °39'25" WEST I32.67 FEET:
THENCE NORTH 88 °12'32" WEST 524.50 FEET:
THENCE NORTH 01'47'28" EAST 90.66 FEET TO THE TRUE POINT OF DEC
SITUATE IS THE CITY OF TUKWILA. COUNTY OF KING. STATE OF WASHII