HomeMy WebLinkAbout1993 - Non-Disturbance Attornment and Subordination Agreement - Sun Life Assurance Company / Jaspo Inc - 93022208789302220878
After recordinq return to:
David N. Lombard
S
Schwabe, Williamson, Ferguson Burdell
1420 Fifth Avenue, Suite 3400
Seattle. Washinaton 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 1.301day
of January, 1993, is between JASPO, INC. ("Tenant and SUN LIFE
ASSURANCE COMPANY OF CANADA (U.S.), a Delaware corporation
"Ocneficiary"), 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, or its successor (the holder of the Landlord's
interest in the Lease described below is herein called the
r, "Landlord as owner of the real property described in Exhibit A
attached hereto and by this reference incorporated heroin (the
"Premises and to be recorded in Ring County, Washington to
L encumber the Premises, dated A. 1993,, and recorded in
O King County, Washington, on I993, under Recording
No. C'� /.,!�C (Tenant authorizes Beneficiary or the escrow
U agent to fill in the date and recording information).
PRELIMINARY STATEMENT
Tenant has executed a Lease (the "Lease with Hallwood
R. al Estate Investors Fund XVI dated December 17, 1991 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 respective interests in the
Premises by means of the following nor, 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 ri.qht of possession of Tenant to the leased
prcniLes and tenant's rights drising out of the Lcace shall riot be
affected or disturbed by the Beneficiary in the exercise of any of
;hts under the Deed of Trust or the Note secured therebv.
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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
ourchase 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:
(1) liable for any act or omission of the
present Landlord; or
(2) s+.ghject to any offsets or deficiencies
which the Tenant might be entitled to assert ag ?inst 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
j (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 Beneficiarv; or
e (5) bound by any amendment to the Lease if
J such amendment has not received Beneficiary's prior written
consent; or
(G) 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.
y
k 2. Tenant agrees with Beneficiary that Tenant will not
voluntarily subordinate the Lease to any other lien or encumbrance
p without Beneficiary's prior written consent.
3. The Lease shall be subject and subordinate to the
N lien of the Deed of Trust and. to all terms, conditions and
provisions '_hereof, to all advances made or to be made thereunder,
and to any renewals, extensions, modifications or replacements
9 thereof.
4. Tho foregoing provisions shall be self operative and
effective without the ev.ecut:on of any further instruments on the
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part of any party hereto. However, Tenant agrees *o 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.
4
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be fully executed effective the day and year first
above written.
TENANT:
JASPO, INC..
By: -i
its: r
By:
Its:
i
BENEFICIARY:
SUN LIFE ASSURANCE COMPANY OF CANADA
y ;U.S.), a Delaware corporation
Its:
By:
Its:
(79591/839B0 /0NL/5r ^92,1)
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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 thic a of /.(,!,nC. a
day. 9.3, before me
personally appeared a 1 and to me
known to be the /')'-1Z1s1 IF and
respectively, of JASPO, 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.
WITNESS my hand and official seal hereto affixed the day
and year first above written.
Notary Public 1n and fog t Mate
of Washington, residing a 4f' L %�UIiYL�
F My commission expires:h /ill
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17-159i /8'"VI/Owl/50092, 1) 4
COMMONWEALTH OF MASSACHUSETTS
COUNTY OF NORFOLK
State of Massachusctt..
:(unty if N,,Zf,,.ik
On this 17th day o: February, 1993 before me appeared
nrgaret Sears >.ead, to me known to be the Scninr Associate Counsel of the Sun Life
Insurance Cumpanv of Canada, duly authorized to execute the annexed instrument, on
S,m ;.ife A,surance Company of Canada (L'.S.), and acknowledged the said
instrument to be the free and voluntary act and deed of said corporation, for the uses
:,nd n68 on oath stated that they were authorized to
execute said instrument, 'and' the affixed is the corporate seal of said
l,.ive- hereunto set my hand and affixed my official seal the
ca•: and vear fi,,t w ttey above.
;vni,e A. Arno ld, Notary P
`:y commission ex.nires: August b, ia91
Notary Public in and for the
Commonwealth of Massachusetts,
residing at
My commission expires:.
In
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COMMONWEALTH OF MASSACHUSETTS
ss.
COUNTY OF NORFOLK
I certify that I know or have satisfactory evidence t
the persons appearing hefore me and making this acknowlcd
the persons whose true siqnatures appear on this document.
On this day of 1993, before i
personally appeared ar.
to me known to be th•
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 ourooses 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 j
Commonwealth of Massachusetts"
residing at
My commission expires:
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PAIR CI:I. A-7.
ALL OF LrTb 2 A' ;ii 3 OF ANDOVER IND::STRIAL PARK NO. 5. AS PEP PLAT RECORDED
IN VOLUME. P3 OF PLATS. PAGES 22 AND 23. RECORDS OF KING COUNTY:
SITCA`i: IN THE CITY OF TUKWILA. COUNTY OF KING. STATE OF WASHINGTON.
1 A
ALL T...T PORTION OF LOT 7 OF ANDOVER 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 SO1'THWEST CORNER OF SAID LOT 7:
THENCE NORTH 01`47'28" EAST. 149.78 FEET: 4
Trir_['Z r ALONG THE CURVE TO THE kI-GHT HAVING A RADIUS OF' 216.37
FEET T!i^:OL'GH A CENTRAL ANGLE OF 05 °21'43 Ali ARC DISTANCE. OF 20.25 FEET TO
THE T.. F: POINT OF BEGINNING OF SAID LIKE:
T HF.NC FCOI-TH AP')2'32'* EAST 339.74 FEET TO THE EAST DOUN"JARY OF SAID LOT 7,
WHICH IS THE END OF SAID LINE:
SITC:TE I'; THE CITY OF TUKWILA. COUNTY OF KING. STATE OF WASHINGTON.
PARCEL
A-3:
r
s
A 'ON OF
THE WEST 112 OF SECTION 25 AND THE EAST 1/2 Oi` SECTION 26. ALL IN
?n�' ;SLIP 23
NORTH. RANGE 4 EAST W.K. DESCRIBED AS FOLLOWS:
BEG:.•:N7Nr
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 POIS, OF BEGINNING:
THENCE
NORTH
01 °47 EAST
2.45 FEET TO A P31NT OF CURVATURE:
THENCE
ALONG
A CURVE TO TFIL
RIGHT HAVING A RADIUS OF 410.28 FEET, THROUGH A k
CF;NTRA1.
A!:G.E OF 4G °46'10
AN ARC DISTANCE OF 334.90 FEET.
TEES 7
NORTH
4P,'33'3P, EAST
IP.P,.36 FEET:
T! ?E'•CF
ALONG
A CURVE TO THE
RIGHT HAVING A RADIUS OF 410.28 FEET. THROUGH A
CEN7:
ANGLE
OF 72'16'35".
AN ARC DISTANCE OF 517.55 FEET TO AN INTERSECTION a
W;Ti: A
L7';I: BEARING SOUTH 50,'38'20" EAST:
TfEESCF.
S01'Tf:
SG'3P,'20" EAST
ALONG SAID LINE A DISTANCE OF 69.93 FEET:
S:-L'71!
48'44'23" EAST
71.30 FEET:
Tf *F
C..,
45'C9'27" EAST
9.91 FEET TO THE WESTERLY HARGIN OF JAMES
HOl.11 .'U 147!t:
?H
32'39'2.'," WEST
132.67 FEET:
WES',
524.50 FEET:
..i
07'47'21'" EAST
90 FEET TO T11F. TRUE POINT OF BEGINNING:
C1T9 OF 'f1;F::;LA,
rO! :N*n' OF Y FG. STATE OF WASHINGTON.