HomeMy WebLinkAbout1993 - Non-Disturbance Attornment and Subordination Agreement - Sun Life Assurance Company / National Bank of Tukwila - 9303221757!12
After recording return to:
David N. Lombard
Schwabe, Williamson, Ferguson Burdell
1420 Fifth Avenue, Suite 3400
Seattle. Washington 98101 -2339
(The above space is reserved for the recorder's office)
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NON DISTURBANCE, ATTORNMENT AND SUFORDINATION AGREEMENT
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THIS AGREEMENT, dated for reference purposes the 22nd day
r` of February, 1993, is between NATIONAL BANK OF TUKWILA, INC.
`n "Tenant and SUN LIFE ASSURANCE COMPANY OF CANADA (U.S.) a
Delaware corporation "Beneficiary the beneficiary under a Deed
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of Trust, Assignment of Rents and Security Agreement "Deed of
Trust to be executed by Hallwood Real Estate Investors Fund XVI,
�D a Delaw, e general partnership (formerly Equitec Real Estate
C) Investors Fund XVI, a California limited partnership) or its
r successor, 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 King County, Washington to
encumber the Premises, dated February 16 1993, and recorded in
King County, Washington, on February 18 1993, under Recording
No. 9302180888 (Tenant authorizes Beneficiary or the escrow
agent to fill in the date and recording information).
PRELIMINARY STATEMENT
Tenant has executed a Lease (the "Lease with Eguitec
Real Estate Investors Fund XVI dated May 18, 1990, fcr a portion of
the Premises. Beneficiary will hold the Deed of Trust described
above on the Premises. 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
follows:
1. Provided that the Lease is in full force and effect
and there are no defaults thereunder, then:
a. The right of possession of Tenant to the leased
premises and Tenant's rights arising out of the Lease shall not be
affected or disturbed by the Beneficiary in the exercise of any of
its rights under the Deed of Trust or the Note secured thereby.
(79591/83960/0NL/4G877.1)
FII.F,D FOR RFCORD AT RF.QUF.ST OF
TRANSA.MF.RICA "I'111F. INSURANCE CO.
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b. In the event that the Beneficiary or any other
person 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.;ease 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 tc 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:
present Landlord; or
(1) liable for any act or omission of the
(2) subject to any offsets or deficiencies
which the Tenant might be entitled to assert against the present
Landlord; or
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(3) bound by any payment of =ent or additional
rent made by the Tenant to the Landlord for more than one month in
advance; or
4 bound by any future amendment to the Lease
if such amendment has not received Beneficiary's prior written
consent.
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 to the
lien of the Deed 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 request in
order 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.
(M91/83960/DNL/66877.1)
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6. This Agreement shall inure to the benefit of and be
binding upon the parties hereto and their successors and assigns.
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IN WITN WHEREOF, the parties hereto have caused this
Agreement to be fully executed effective the day and year first
above written.
TENANT:
NATIONAL BANK OF TUKWILA, INC.
Its:
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N SUN LIFE ASSURANCE COMPANY OF CANADA
c� (U.S.), a Delaware corporation
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Its: Fi s .�J �..�C_
By:
Its:
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STATE OF WASHINGTON
ss.
COUNTY OF KING
I certify that I know or have satisfactory evidence that
the persons appearing before me and making this acknowledgment are
the persons whose true signatures appear on this document.
On this .-i a day of c u�i -i 1993, before me
personally appeared _%fF w e s and
r i l f "oY{ N i/ to me known to be
the r and r'&',-
respectively, of NATIONAL BANK OF TUKWILA, 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 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.
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•'.WITNESS my hand and official seal hereto affixed the day
first above written.
C") J ,(ice
Notary E�ubl tc in and for the� St-ata
of Washirftggtbsa; residing at
My commission expires: r /iu A9 3
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COMMONWEALTH OF MASSACHUSETTS
ss.
..ro�.r,r,v nr 11I'1D F(17.7C
State of Massachusetts
County of Norf i
On this 25th day of February, 1993 before me appeared
Margaret Sears Mead, to me known to be the Senior Associate Counsel of the Sun Life
Assurance Company of Canada, duly authorized to execute the annexed instrument, on
behalf of Sun Life Assurance Company of Canada (U.S.), and acknowledged the said
instrument to be the free and voluntary act and deed of said corporation, for the uses
and purposes therein mentiC, _3$d, �n oath stated that they were authorized to
execute said instrument4,d'ttA that tbe•,seal affixed is the corporate seal of said
corporation. 01 I N WITNESS &HERE 'ereunto.set my hand and affixed my official seal the
�y •a[r1 year first„ wr ii ov 1
Denise A. Arnold, <otary le ',•t
My commission expires: August: 1993
l Notary Public in and for the
N Commonwealth of Massachusetts,
residing at
N M commission e
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(79591/83960/OMl/4667 1) 5
EXHIBIT A
PARCEL A -1:
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ALL OF LOTS 1. 2 AND 3 OF ANDOVER INDUSTRIAL PARK NO. 5, AS PER PLAT RECORDED
IN VOLUME 83 OF PLATS. PAGES 22 AND 23. RECORDS OF KING COUNTY: E
SITUATE IN THE CITY OF TUKWILA. COUNTY OF KING. STATE OF MASNINGTON.
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PARCEL A -2:
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ALL THAT PORTION OF LOT 7 OF ANDOVER INDUSTRIAL PARK. NO. S. AS PER PLAT
RECORDED IN VOLUME 83 OF PLATS, PAGES 22 AND 23. RECORDS OF KING COUNTY, LYING
NORTH OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 7:
THENCE NORTH 01 47'28" EAST. 149.78 FEET:
THENCE NORTHEASTERLY 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.
WHICH IS THE END OF SAID LINE:
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N SITUATE IN THE CITY OF TUKWILA. COUNTY OF KING. STATE OF WASHINGTON.
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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. 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 SAID SECTION 26
A DTSTANCE 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 FEET, THROUGH A
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 FEET. THROUGH A
CENTRAL ANGLE OF 72 °16'35 AN ARC DISTANCE OF 517.55 FEET TO AN INTZRSECTION
WITH A LINE BEARING SOUTH 59 38'20" EAST:
THENCE SOUTH 56 39'20" EAST ALONG SAID LINE A DISTANCE OF 69.93 FEET:
THENCE SOUTH 43 44'23" EAST 71.30 FEET:
THENCE SOUTH. 45 °09'27" EAST 9.91 FEET TO THE WESTERLY MARGIN OF JAMES
CHRISTENSEN ROAD N0. 1479:
THENCE SOUTH, 37'54'41" WEST 468.23 FEET:
THENCE SOUTH 32'39'25" WEST 132.67 FEET:
THENCE NORTH 88'12'32" WEST 524.50 FEET:
THENCE NORTH 01'47'28" EAST 90.66 FEET TO THE TRUE POINT OF BEGINNING:
SITUATE IN THE CITY OF TUKWILA. COUNTY OF KING, STATE OF WASHINGTON.