HomeMy WebLinkAbout1993 - Non-Disturbance Attornment and Subordination Agreement - Sun Life Assurance Company / NC Computers - 9302220880After 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)
NON DISTURBANCE, ATTOR27MENT AND SUBORDINATION AGREEMENT
THIS CIZ REN d ated fcr rcfcrcnce purpose,`- the il11 d'
�j cf January, 1993, is between N.C. CCMPUTERS "Tenant and SUN LIFE
ASSURANCE COMPANY OF CANADA (U.S.), a Delaware .corporation
J "Benefici ry the beneficiary_ under a Deed of Trust, Assignment
;l 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 i King County, Washington to
encl:mher the Premises, dated 7 1993, and recorded in
King County, Washington, on 7 x l %9 1993, under Recording
No. /..L .a (Tenant authorizes Beneficiary or the escrow
agent to sill in the date and recording information).
PRELIMINARY STATEMENT
Tenant has executed a Lease (the "Lease with Hallwood
Real Estate investors Fund XVI dated October 14, 1992 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 right- safeguards, obligations and priorities
with respect to their respective interests in the Premises by means
or the following non- disturbance, attornment and subordination
agreement.
follows:
NOW THEREFORE, the parties hereto covenant and agree as
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
prer..ices ..nd Tcnant'.. .ightc arising out of the Lease shall not be
affected or disturbed by the Beneficiary in the exercise of any of
its rights under the Dced 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 to rninated
or affected by said foreclosure or deed in lieu.of foreclosure and
the Benefic_'.ary 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 terns, 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
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(3) bound by any payment of rent or additional
rent made by the Tenant to the Landlord for more than one month in
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advance; or
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(4) bound by any securi.ty..deposit which Tenant
may have paid to any prior lan. ?lord 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.
2. Tenant agrees with Beneficiary that Tenant will not
voluntarilv 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
t':ereof.
C. The foregoing provisions shall be self operative and
effective without the execution of any further instruments on the
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part of any party hereto. However, Tenant a,-rees 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 thar by an
ngrcemcnt in writing signed by the parties hereto or by their
k 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
1" Agreement to be fully executed effective the day and year first
above written..
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TENANT:
N.C. COMPUTERS
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By:
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BENEFICIARY
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 know or have satisfactory evidence that
the pe sons appearing before me and making this acknowledgment ar(
the persons whose true signatures appear on this document.
On this day( of n'� GILr?AJI 1993, before m(
personally appeared y an(
to ine known to be the
and respectively, of N.C. COMPUTERS, thl
corporation that executed the within and foregoing instrument, and
acknowledged the said instrument to be the free and voluntary ac'
and deed of said corporation, for the uses and purposes therei;
mentioned, and on oath stated that they were authorized to execut
said instrument and that the.seal affixed, if any, is the corporat
seal of said corporation. c ^y
WITNESS my hand and official seal hereto affixed the da
and vear first above written.
"00 Notary Public in and for the Stat
of Washington, residing a /'A/ t l
My commission expires:
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COMMONWEALTH OF MASSACHUSETTS
COUNTY OF NORFOLK ss.
State of Massachusetts
County of Norfolk
On this 17th day of February, 1993 before me appeared
Xa!rg: 5 ars Head, to me known to be,the Senior Associate Counsel of the Su
Assurance C•)npany of Canada, duiy authorized Pv,c;ia.:;ac the annexed instrumen
i behalf of Sun Life Assurance Company--of Canada (h.S.), and acknowledged the s
instrument co i the free and voluatat'v..adt and deed of said corporation, for
and purposes therein mentioned., and 'on-oa�h "stated that they were authorized
execute said instrument, and that the seal %iffixed is the coraorate seal of
IN WITNESS WIIEREO have hereunto setimy hand and affixed my official
—day and vca first ritten above.
Denise A. Arnold, Notary Public
My commission expires: August 6, 1,993
Notary Public in and for t
Commonwealth of Massachuse
O residing at
My commission expires:
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Notary Public in and for the
Commonwealth of Massachusetts,
residing at
My commission expires:
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COMMONWEALTH OF MASSACHUSETTS
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 7ne known tc be the
and
respectively of SUN LIFE ASSURANCE COMPANY OF CANADA (U.S.), a
Delaware corporation, the corporation that executed the within and
foregoinq 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.
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Notary Public in and for the
Commonwealth of Massachusetts,
residing at
My commission expires:
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NXIII1 A
PAN''1'V I A 1
ALI. OF LOTS 1. 2 AND 3 OF ANT/OVER INDUSTRIAL PARK NO. 5, AS PER PLAT RECORDED
IN* VOLUME 83 OF PLATS. PAGES 22 AND 23, RLCORDS OF KING COUN"I'Y:
SITUAT!: IN THE CITY OF TUKWILA. COUNTY OF -KING. STATE OF WASHINGTON.
PARCEL A 2.
ALI. THAT PORTION OF LOT 7 OF ANDOVER INDUSTRIAL PARK N0, 5, AS PER PLAT
RECORDED IN VOLUME 83 01: PLATS. PAGES 22 AND 23. RECORDS OF KING COUNTY. LYING
NORTH OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT TEE SOUTHWEST CORNER OF SAID LOT 7:
THENCE NORTH 0I °47'28" EAST. 149.76 FEET:
THEtiCE NORTHEAS7ERLS ALONG THE CURE, TO TiiE FIGHT HAVING A RADIUS OF 216.37
FEET THROUGH A CENTRAL ANGLE OF OS °21'43 AN ARC DISTANCE OF 20.25 FEET TO
THI: 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:
SITUATE IN THE CITY OF TUKWILA. COUNTY OF KING. STATE OP WASHINGTON.
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T A -3:
A PORTION OF THE WEST I/2 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 I/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 RAVING A RADIUS OF 410.28 FEET. THROUGH A
'ENTRAL ANGLE OF 46 =46'10 AN ARC DISTANCE OF 334.90 FEET:
;HENCE NORM-' 4P,`33'38" EAST 188.36 FEET:
Ti!KNCF :.:,0!:G A CURVE TO THE RIGHT HAVING A RADIUS OF 410.28 FEET. THROUGH A
CYN'TRAL ANGLE OF 72 °16'35 AN ARC DISTANCE OF'517.55 FEET TO AN INTERSECTION
M;T'r! A LINE REARING SOUTH 56°38'20" EAST:
THENCE SHUT!.' 56 °31!'20" EAST ALONG SAID LINE A DISTANCE OF 69.93 FEET;
SOUTH 48":4'23" EAST 71.30 FEET:
7H!:':'.! SU• "TII 45 EAST 9.91 FEET TO THE WESTERLY MARGIN OF JAMES
Nu. 1479.
7H!.;:'! So T1! 3,`54'41" WEST 468.23 FEET:
THEN'; SOUTH 32 33'25" WEST 132.67 FEET:
88' 12' 32" WEST 524.50 FEET:
I:ORTf! nl °47'28" EAST 90.66 FEET TO THE TRUE POINT OF BEGMINING:
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"!!E. (",Ty OF TUKWILA. COUNTY 01' KING. STATE OF WASHINGTON.