HomeMy WebLinkAbout1993 - Non-Disturbance Attornment and Subordination Agreement - Sun Life Assurance Company / New Castle Flooring - 93022208839302220883
After record 'ng return to:
David N. Lombard
Schwabe, Williamson, Ferguson L Burdell
1420 Fifth Avenue, S:iite 3400
Seattle. Washington 98101 -2339
(The above space is reserved for the recorder's office)
NON- DISTURB?_NCE, ATTORNMENT AND SUBORDINATION AGREEMENT
THIS AGREEMENT, dated for reference purposes the j5Lh day
of January, 1993, is between GARY BROWN dba NEW CASTLE FLOORING
"Tenant and SUN LIFE ASSURANCE COMPANY OF CANADA (U.S.), a
i� Delaware corporation "RenPficSary the benefi under a Deed
of Trust, Assignment of Rents and Security Agreement "Deed of
Trust to be executed by Hallwood Real Estate Investors Fund XVI,
a Delaware general 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 King County; Washington to
encumber the Premises, dated 1993, and recorded in
y King CourLty, WaShi ton, on c /Ja 1993, under Recording
No. ;t'� -X (Tenant authorizes Beneficiary or the escrow
agent to fill in the date and recording information).
M PRELIMINARY STATEMENT
Tenant has executed a Lease (the "Lease with HAI-lwood
ACV Real Estate Investors Fund XVI dated December 30, 1991 for a
4 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.
follows: NOW THEREFORE, the parties hereto covenant and agree as
s
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
af fected or disturbed by the Beneficiary in the exercise of any of
its rights under the Deed of Trust or the Note secured thereby.
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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 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:
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
(3) bound by any pa} of rent or additional
rent made by 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
escrow fund available to Beneficiary; or
(S) bound by any amendment to the Lease if
such amendment has not received Beneficiary's prior written
consent; or
(6) bound�by any provision in the Lease which
obligates Landlord to erect or complete Qny building or to perform
any construction wort, 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 of the Ceed 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
effcctivc without .:.c cxecution of any further instruments on the
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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 ether 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.
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 ca;Lsed this
Agreement to be fully executed effective the day and'yc�ar first
above written.
TENANT:
GARS BTI¢Yw; dba New Castle Flooring
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BENBFTrIARY:
SUN LIFE ASSURANCE COMPANY OF CANADA
(U.S.), a Delaware corporation
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By:
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STATE OF WASHINGTON
ss.
COUNTY OF KING
I certify that I have satisfactory evidence that the
person appearing before me and making this acknowledgment is the
person whose true signature appears on this document.
On this day personally appeared before me GARY BROWN dba
New Castle Flooring, to me known to be the individual described in
and who executed the within and foregoing instrument, and
acknowledged that he signed the same as his free and voluntary act
and deed, for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this day of
1 ;L?i,i•' i 1993.
Notary Public in and for the.State
of Washington, residing at
My commission expires:
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CObV OF MASSACHUSETTS
COUNTY OF NORFOLK ss.
State of Massachusetts
County of %t
Or this i7th day of February, 1993 before me appeared
`:argaret Sea. ?:ead, to me known to be the Senior As Counsel or the Sun Life
n:,ouranre r.onaav of Canada_, duly.authorized to exec the annexed instrument, on
henaif of Sun Life Assurance Company cf Cnro4n (U.S.). and acknowledged the said
instru-:rnt to be the free and voluntary act and deed of said corporation, the uses
ar.d ;:-rposes therein mentioned, and on oath stated that thev were authorized tY
c>:ecar. said .DSt:umenr, and that the r seal affixed is the corporate seal of said
corporation. �1
iS i u:c he•r9hnto Set m..v hand and affixed my official seal the
d: and .:carht \ritter above.
3" j °x, j r
Denise A. Arnold, Notary PuT,lic
?h• commission expires: At.; :st 6, 1993
Notary Public in and for the
Commonwealth of Massachusetts,
residing at
My commission expires:
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COMMONWEALTH OF MASSACHUSETTS
ss.
t COUNTY OF NORFOLK
I certify that I know or have satisfactory evidence that
the persons appearing before me and making this acknowledgment are
i 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 acknowlpdaed 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 coal
affixed, if any, is the corporate seal of said corporation.
WIT14ESS my hand and official Seal hereto affixed the day
and year first above written.
Notary Public in and for the
Commonwealth of Massachusetts,
residing at
My commission expires:
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(1959�/It1W.0.'nKI.'SOUI.1) 5
PARCEL A-1:
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ALL OF LOTS 1. 2 A.ND 3 OF AA'DOVER INDUSTRIAL PARK N0. S. AS PER PLAT R£CORDE
IN VOLUMF 83 OF PLATS, PAGES 22 AND 23. RECORDS OF KING COUNTY:
SITUATE IN THE CITY OF TUKWILA. COUNTY OF KING. STATE OF WASHINGTON.
PARCEL A 2:
ALL THAT PORTION OF .GT 7 OF AN'?1OVER INDUSTRIP.I PARK Na. 5. As PER PLA.
RECORDED IN VOLUME 83 OF PLATS, PAGES 22 AND 23. RECORDS OF KING COUNTY. LY:
NORTH OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 7:.
THENCE NORTH O1 °47'28" EAST. 149.78 FEET:
THENCE %ORTi;EASTCRLY ALONG THE CURVE TO THE RIGHT HAVING A RADIUS OF 216.37
FEET THROUGH A CENTRAL ANGLE OF O5 21'43". AN ARC DISTANCE OF 20.25 FEET TO
THE TRUE POINT OF BEGINNING OF SAID LINE:
THENCE SOUTH 88'I2'32" EAST 339. 74 FEET TO. THE EAST BOUNDARY OF SAID LOT 7.
WHICH IS THE END OF SAID LINE:
SITUATE IN THE CITY OF TUKWT!.A. COUNTY OF KING. St TE"OF WASHINGTON.
PARCEL A -3:
i
A PORTION OF THE WEST 112 OF SECTION 25 AND THE EAST 1/2 OF SECTION 26. ALL
TOWNSHIP 23 NORTH. RANGE 4 EAST-W,.M. DESCRIBED AS FOLLOWS:
BEGINNING AT THE EAST 114 CORNER OF SAID SECTION.26:
THENCE NORTH 88 06'42" WEST ALONG THE EAST -WEST CENTERLINE OF SAID SECTION
I
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
C::NTPAL ANGLE OF 46 46'IO% AN.ARC DISTANCE OF 334.90 FEET:
THENCE NORTH 48'33'38" EAST 188.36 FEET:
lV ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 410.28 FEET. THROUGH I
CENTRAL ANGLE OF 72'16'35 AN ARC DISTANCE OF 517.55 FEET TO AN INTERSECT.
WITii A LINE BEARING SOUTH 56 38'20" EAST:
THENCE SOUTH 56`38'20" EAST ALONG SAID LINE A DISTANCE OF 09.93 FEET:
THENCE SOUTH 49'44'23'• EAST 71.30 FEET:
TP•! :.`:CF SOUTH 45'09'27" EAST 9.91 FEET TO THE WESTERLY MARGIN OF JAMES
C!! ?t:STENSEN DOA:', NO. 1479:
T :!ESC!: SO ::TI! 37 "54'41" WEST 468.23 FEET:
THENCE SOUTH 32`39'2.'," WEST 132.67 FEET:
THENCE NORTH P. °`12'32" WEST 524.50 FEET:
HE? :E NORTH 01`47'28" EAST 90.66 FEET TO THE TRUE POINT OF BEGINNING:
3
S?TL'A".? :N T?::. UIT1' OF TUKW!LA. COUNnl' OF KING. STATE OF WASHINGTO:..
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