HomeMy WebLinkAbout1993 - Non-Disturbance Attornment and Subordination Agreement - Sun Life Assurance Company / Allied Signal Aerospace Company - 9302220881e�
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After recording return to:
David N. Lombard
Schwabe, Williamson, Ferguson B::rdell
1.120 Fifth Avenue, Suite 3400
Seattle, Washington 98101 -2339
(The above space is rASprvnd for the recorder's office)
NON DISTURBANCE, ATTORNMENT AND SUBORDINATION AGREEMENT
THIS AGREEMENT, dated for reference purposes the t4rl, day
of January, 1993, is between BENDIX /KING AIRTRANSPORT AVIONICS
DIVISION OF ALLIED SIGNAL AEROSPACE COMPANY "Tenant and SUN LIFE
ASSURANCE CCM PANY OF CANADA (U.S.) a Delaware corporation
"Beneficiary the beneficiary 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 (formerly Equitec Real Estate Investors Fund XVI, a
California limited partnership), or its successor (the holder of
the Landlord's interest in the Lease described below is herein
called the "andlord as owner of the real property described in
Exhibit A attached hereto and by this reference incorporated herein
(the "Premises and to be recorded �n King County, Washington to
encumber the Premises, dated 1993, and recorded in
King County, Washington, on 1993, under Recording
No. /'S�r C't r (Tenant authorizes Beneficiary or the escrow
agent to fiii in the date and recording information)
PRELIMINARY STATEMENT
Tenant has executed a Lease (the "Lease dated'April 26,
1985, and as subsequently amended March 3, 1986, January 20, 1989,
November 7, 1989, and September 25, 1991 for a portion of the
Pre -ises. 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 :heir respective interests in the Premises by means of the
following non disturbance, attornment and subordination agreement.
2:Cw :F ?EREFORE, the parties hereto covenant and agree as
1. Provided that the Lease is in full force and effect
an•i 1.. -re no d-'.rtl *_s '_hereunder, then:
T.he right of possession of Tenant to the leased
prc -ises and ':c•nant'z rights arising out of the Lease }}3�3nimit be
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affected or disturbed by the Beneficiary in the exercise of any of
its rights under the Deed of Trust or the Note secured tnereby.
b. Zn the event that the Beneficiary or any oth ^_r
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, an its new landlord,
and the Lease -hall 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
f 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
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
(5) 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 any building or to perform
any construction work, or to make any improvements to the Premises.
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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 Deed of Trust and to all terms, conditions and
provisions thereof, to all advances made or to be made thereunder,
and to any renewals, eytensions, modifications or replacements
`_hereof.
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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.
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.
TENANT:
BENDIX /KING AIRTRANSPORT AVIONICS DIVISION
OF ALLIED SIGNAL AEROSPACE COMPANY
By: 4 N JL
Its` I�,tict Ci�
By:
Its:
BENEFICIARY:
SUN LIFE ASSURANCE COMPANY OF CANADA
(U.S.), a Delawa' -e corporation
r�
Its:
Cy:
Its:
77i91/83750/7NL/5 077 P. 1) 3
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STATE OF WASHINGTON
ss.
COUNTY OF KING
I certify that I know or have satisfactory evidence that
the persons appearing rc_fore me and making this acknowledgment are
th^ persons whose true signatures appear on this document.
On this d day of 1'11 -1/ :tr before me
personally appeared /,x,7/1 )ii /r/ /:7. /and
e
to me known to be the F 7 cam: and
respectively, of BENDIX /KING 1iRTRANSPORT AVIONICS DIVISION 0 F
ALLIED SIGNAL AEROSPACE COMPANY, the corporation that executed the
within and foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and weed 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 --cal of said
corporation.
WITNESS my hand and official seal hereto affixed the day
and y?ar first above written.
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'Notary Public' ih anc� for the State
of Washington, resid ng
My commission expires:
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COM MONWEALTH OF MASSACHUSETTS
COUNTY OF NORFOLK
the ss.
I that
the pert Tpeari" heforQnOo or ,have satisfacr
State of Massachusetts
rnunty of Norfolk
Un this 17th day of Fcbruury, 1()93 before me appeared
;Lii rut Sears ?tend, to me kRURn to he Litt' Senior Associate Ccunsel of the Sun Life
Assurance Company of Canada, duly authorized to execute the annexed instrument, un
bel:aif :.f Sur. i.ife Assurance Company of Canaria ('J.S.), and acknowledged the said
icstninent to hr the free and voluntary act and deed of said corporation, for the uses
and purposes therein mentioned, anul' stated that they were authorized to
e>:eeute said instrument, and that the.';ea1 affixed is the corporate seal of said
1N WITNESS WHEREOF, I have hcrernto set my h.:nd and affixed my official seal the
�cay and year first writpin 1
E ?¢ni,e A. Arnold, Notary Public
My commission expires: Aupust h. I993
Commo, .�.iic and for the
idin
res n 9aath of Massachusetts,
F 1 My commission expires-2i
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(79591 /;;46Q /pwl /SQ[fE. 77
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COMMONWEALTH OF MASSACHUSETTS j
ss.
COUNTY OF NORFOLK
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 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 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.
WITNESS 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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E *XII113 IT' A
I'M Ii I. A 1:
ALL OF LOTS 1. 2 AS:) 3 OF A TNMUSTRIAL PARK NO. 5. A`; PEI? PLAT RECORDED
IN VOLUME 83 OF PLATS, PAGES 22 AND 23. RECORDS OF KING COUNTY:
SITUATE IX THE CITY OF TUKWILA. COUNTY OF KING. STATE OF WASEINGTOY.
PARCEL A 2.
ALT. THAT PORTION nF LOT 7 OF ANDOVF,R INDUSTRIAL PARK NO. 5, 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 PELT:
TiiLX.F IvOnT6Ln�TEnLr ALONG THE CURVE TO THE ;iTGhT HAVING A RAM US 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" LAST 339.74 FEET TO THE PAST BOUNDARY OF SAID LOT 7,
WHICH IS THE END OF SAID LINE:
SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING. STATE OF WASHINGTON.
PARCEL A-3:
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A PORTION OF THE WEST 1/2 OF SECTION 25 AND THE EAST 1/2 OF SECTION 26. ALL IN
TOWNSHIP 23 NORTH. RANGE 4 EAST W.K. DESCRIBED AS FOLLOWS:
BEGINNING AT THE EAST 1/4 CORNER OF SAID SECTION 26:
THENC^ 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 420.28 FEET. THROUGH A
CENTRAL ANGLE OF 46 °46'10 AN ARC DISTANCE OF 334.90 FEET:
THENCE NO!.T!', 48 33'38" EAST 188.36 FEET:
,21,:CE ALONG; A CURVE TO THE RIGHT HAVING A RADIUS OF 410.28 FEET. THROUGH A
CE`:TRAI ANGLE OF 72 °16'35 AN APC DISTANCE OF 517.55 FEET TO AN INTERSECTION
WiTi? A LINK. HEARING SOUTH 56 °38'20" EAST:
TF,:NCE SDI M! 56`38'20" EAST ALONG SAID LINE A DISTANCE OF 69.93 FEET:
THENCE SOUTH 48 44'23" EAST 71.30 FEET:
Tf:C.`:CF. 50 Tf? 45 09'27" FAST 9.91 FEET TO THE WESTERLY KARGIN OF JAMES
ROAD N0. 1479.
`,HENCE S•:',M: 37 fi4'4i" WEST 468.23 FEET:
T!'!:.':CF SO''TH 32'39'25' WEST 132.67 FEET:
T!n.NC! Nf)c ?T1! F,H 12'32" WEST 524.50 !'EET:
TH ?:SC!: !:qi•'T 0! °47 EAST 90.66 FEET TO THE TRUE POINT OF BEGINSIM
7..1 r1T1' OF ".'UY.ti,'i1.A. COUNTS OF K!NG, OF WASHINGTON.
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