HomeMy WebLinkAbout1993 - Non-Disturbance Attornment and Subordination Agreement - Sun Life Assurance Company / Salem Technical Services - 9303221756I)
After recording return to:
David N. Lombard
Schwabe, Williamson, Ferguson Burd
1420 Fifth Avenue, Suite 3400
Seattle, Washington 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 14th day of
January, 1993, is between SALE:•' TECHNICAL SERVICES, INC. "Tenant and
SUN LIFE ASSURANCE COMPANY OF CANADA (U.S.), a Delaware corporation
�0. "Beneficiary the beneficiary under a Deed of Trust, Assignment of
Rents and Security Agreement "Deed of Trust to be executed by Hallwoo::
v Real Estate Investors Fund XVI, a Delaware general partnership (formerly
CV Equitec Real Estate Investors Fund XVI, a California limited partnership),
rJ 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
Q property described in Exhibit A attached hereto and by this reference
V `r incorporated herein (the "Premises and to be recorded in King County,
Washington to encumber the Premises, dated Feb 16 1993, and recorded
in King County, Washington, on Feb 18 1993, under Recording No.
9302180888 (Tenant authorizes Beneficiary or the escrow agent to fill
V in the date and recording information).
PRELIMINARY STATEMENT
S
Tenant I _s executed a Lease (the "Lease with Equitec Real
Estate investors Fund XVI dated December 14, 1990 for 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
8 respective interests in the Premises by means of the following non
disturbance, attorrment and subordination agreement.
NOW, THEREFORE, the parties hereto covenant and agree as
fcllows:
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
rig=,*_= under the Deed of Trust or the Note secured thereby.
FILED FUR RECORD Al RE(2UFSI OF
$AMERICA IME INSURANCE CO.
(79591 /83950 /DNL /50063.1) 310 10811{ AvF.. NE
F'. O. 8()XNA 9W,
BF.ILEW E,
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
foreclos +ire thereof, the Lease shall not be'cerminated 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
andlord, 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 siich other person be:
.p present Landlord; or
(1) liable for any act or omission of the
(2) subject to any offsets or deficiencies which
CV the Tenant might be entitled to assert against the present Landlord; or
J
(3) bound by any payment of rent or additional
c") rent made by the Tenant to the Landlord for more than one month in
r 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
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
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
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
s other instruments as either shall request in order to effectuate
said provisions.
('19591 /03960MINL /500£1.1)
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9
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 Agreement 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 above
written.
L) TENANT:
t`
SALEM TECHNI L ERVIC INC
ti
C')
s By:
It- 4/Bosco, Jr.,
Vice PresideYSt of Day Zimmermann,
Inc. (Parent Company)
BENEFICIARY:
SUN LIFE ASSURANCE COMPANY OF CANADA
(t1.S.), a Delaware corporation
By:
Its:
By:
Its:
(79591/83960/DNL/50063.1) 3
3
Ah
STATE OF PHILADELPHIA
ss.
COUNTY OF PHILADELPHIA
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 day of �ihl� 4'� 1993, .before me
personally appeared Anthony J. Bosco, Jr., Yo me known. to be the
Vice President of Day Zimmermann, Inc. the Parent Conpany,
respectively, of SALEM TECHNICAL SERVICES, INC., the corporation
Cn that executed the within and foregoing instrument, and acknowledged
the said instrument to be the free and voluntary act and deed of
CV said corporation, for the uses and purposes therein mentioned, and
on oath stated that they were authorized to execute said instrument
CD and that the seal affixed, if any, is the corporate seal of said
corporation.
lI�
WITNESS my hand and official seal hereto affixed the day
and year first above written.
ti Nptary Public in add for the State.
c�.
y comzrfi -r�r. residing at
of Mssion expires:
fJ
r r'
My Ca mites FOAM V, I M
,P A
State of Massachusetts
Count of `:rr.folk
on this 26th day of February, 1993 before me appeared
Margaret Sears Mead, to me known to be the Senior Associate Counsel of the Sun Life
Assurance C of Canada, duly authorized to execute the annexed instrument, on
b,•half of Sun Life Assurance Cempagy,of Canada (U.S.), and acknowledged the said
'.nntrument he the free and,vL ;r t .ry act and deed of said corporation, for the uses
:`nd purpo<et' therein mentio d, d r1
r an bath stated that they were authorized to
•xecute saf:' instruTent,.;9 the se:f1 affixed is the corporate seal of said
c„r; ratio:f. C i
',;HERFAW, 'kliave hereunto set my hand and affixed my official seal the
near first writt�n� vve.
Denise A. Arnuld, Notary Pub is
commi:;sio. expires: August 6, 1993
EXHIBIT A
PARCEL A -1:
ALL OF LOTS 1. 2 AND 3 OF ANDOVER INDUSTRIAL PARK NO. S. AS PER PLAT RECORDED
IN VOLUME 83 OF PLATS. PAGES 22 AND 23. RECORDS OF KING COUNTY:
SITUATE IN ThEE CITY OF TUKWILA. COUNTY OF KING. STATE OF WASHINGTON.
PARCEL A -2:
AIA. THAT PORTION OF LOT 7 OF ANDOVER INDUSTRIAL PARK NO. 5, AS PEP.'PL.'T
RECORDED IN VOLUME 83 OF PLATS, PAGES 22 AND 23, RECORDS OF KING, COUNTY, LYING
NORTH OF THE FOLLOWING DESCRIBED LINE:
.D
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 7:
THZ NCE NORTH 01 °47'28" EAST. 149.78 FEET:
CV 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.
T WHICH IS THE END OF SAID LINE:
SITUATE IN THE CITY OF TUKWILA. COUNTY OF KING. STATE OF WASHINGTON.
PARCEL A -3:
A PORTION OF THE WEST 1/2 OF SECTION 25 AND THE EAST 1/2 OF SECTION 26. ALL IN
TOWNSHIP 23 NORTH. RAIiGE 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 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 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 INTERSCCTION
WITH A LINE BEARING SCUTH 56 38'20" EAST:
THENCE SOUTH 56'38'20" EAST ALONG SAID LINE A DISTANCE OF 69.93 FEET:
THENCE SOUTH 48 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 SO::TH 37 54'41" WEST 468.23 FEET:
THENCE SOUTH 32 39'25" WEST 132.67 FEET:
THFNCE NORTH 88 12'32" WEST 224.50 FEET:
THENCE `:ORTH 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.