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Home My WebLink About1993 - Non-Disturbance Attornment and Subordination Agreement - Sun Life Assurance Company / Government Employees Insurance Company - 93021916559302191655 After 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, ATTORNMENT AND SUBORDINATION AGREEMENT THIS AGREEMENT, dated for reference purposes the 15th day of January, 1993, is between GOVERNMENT EMPLOYEES INSURANCE COMPANY, INC. "Tenant and SUN LIFE ASSURANCE COMPANY 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 v described below is herein called the "Landlord as owner of the real property described in Exhibit A attached hereto and by this `L reference incorporated herein (the "Premises and to be recorded in King County, Washington, to encumber the Premises, dated 1993, and recorded in King County, Was ington, on 1993, under Recording No. J (Tenant authorizes Beneficiary or the escrow agent to fill in the date and recording information). PRELIMINARY STATEMENT Tenant has executed a Lease (the "Lease with Equitec Real Estate Investors Fund XVI dated December 1, 1989 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 i with respect to their respective interests in the Premises by means of the following non disturbance, attornment and subordination agreement. LL 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: NT a. The right of possession of Tenant to the leased premises and Tenant's rights arising out of the Lease shall not be 8 {'jjLn 1'I)K i<1•.c �ur• �r RFQL'E�'i rQ591 Atwn:Ur:vfwu li ITANSMiERU"A I'I' i' ��URAN n, rn ,t\ P_ `T nrillA 'F t5•.4 84009 affected or disturbed by the Beneficiary in the exercise of any of its rights under the Deed of Trust the Note secured thereby. 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 cr 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: (1) liable for any act or omission of the present Landlord; or (2) subject to any offsets or deficiencies i 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 e:.zrow fund available to Beneficiary; or (5) bound by any amendment to the Lease if :7 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 1 \J any construction work 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 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 thereof. :,E /I45g1'�l+Kl'DVL'Y�iSI 11 2 4. The foregoing provisinns 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 assiqns. IN WITNESS WHEREOF, the.parties hereto have caused this Agreement to be fully executed effective the day and year first above written. TENANT: GOVERNMENT EMPLOYEES INSURANCE COMPANY, INC. By: C� �2✓ CL�JGu� Its: �7 t i pvsv ra3vnvraaasa ti By: Its: BENEFICIARY: SUN LIFE ASSURANCE COMPANY OF CANADA (U.S.), a Delaware corporation /f n• B Its: J By: Its: 3 r�. i I S i WASHINGTON ss. >F KING I certify that I know or have satisfactory evidence that :ons appearing before me and making this acknowledgment are sons whose true signatures appear on this dicument. on thi da of 1993, before me 11y appear d nd to an to be the K V I and ively, of GOVERNMENT EMPLOYEES INSURANCE COMPANY, INC., t h a tion that executed the within and foregoing instrument, and edged the said instrument to be the free and voluntary act d of said corporation, for the uses and purposes therein ed, and on oath stated that they were authorized to execute strunent and that the seal affixed, if any, is the corporate said corporation. WITNESS my hand and official seal hereto affixed the day r first above written. CH ?i TG.;= r PGiCE Rotar Pup L in and or t e S to of W4U residin t 1 �r 6 My commission �expires: yjftl=X 1 cf5 y .V 1 n 4 COMMONWEALTH OF MASSACHUSETTS j 55. COUNTY OF NORFOLK State of Massachusetts County of Norfolk on this 17th day of February,, 1993 before me appeared Margaret Sears Mead, to me known to he the Senior Associ.•ta Coun..el of the Sun life Assurance Company of Canada, duly authorized CIS execute the annexed instrument, an behalf of Sun Life Assurance Company of Canada (U.S.), and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned,- =d. ,on oath stated that they were authorized to execute said instrument, and that the`seal affixed is the corporate seal of said corporation. IN WITNESS WHEREOF, I r reunto set my hand and affixed my official seal the C �.i dnd year fi st w�itce e Denise A. Arnold, Notary PuB'H My commission expires: August 6, 1993 Notary Public in and for the Commonwealth of Massachusetts, residing at My commission expires: �7 I 1 i r;v»ue�p�•oH�lscu h 5 EXHIBIT A PARCEiL A -1: ALL OF LOTS I. 2 AND 3 OF ANDOVER INDUSTRIAL PARK. NO. 5. AS PER PLAT RECORDED IN VOLUME 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 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 SOUTHWEST CORNER OF SAID LOT 7: THENCE NORTH 01 °47'28" EAST. 149.78 FEET; TiiENCE N0RT1tEA,;7ERLY 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 WHICH IS THE END OF SAID LINE: i SITUATE IN THE CITY OF TUKWILA. COUNTY OF KING. STATE OF WASHINGTON PARCEL A -3: A PORTION OF THE WEST 1/2 OF SECTION 2S 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 1/4 CORNER OF SAID SECTION 26: i THENCE NORTH 88 °06'42" WEST ALONG THE EAST -WEST CENTERLINE OF SAID SECTION 26 A DISTAN Or 105.84 FEET TO THE TRUE POINT OF BEGINNING: THENCE NORTH 01°47'28'• EAST 2.45 FEET TO A POIA'1' OF CURVATURE: THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 410.26 FEET. THROUGH A CENTRAL ANGLE OF 46°46'10'. AN ARC DISTANCE OF 334.90 FEET: TFIE.':CE NORTH 48'33'38•' EAST 188.3G FEET: THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 410.28 FEET. THROUGH A CF.N:TRAL ANGLE OF 72 °16'3.', AN ARC DISTANCE OF 517.55 FEET TO Ali INTERSECTION WITH A LINE HEARING SOUTH 56°38'20 FAST: THENCE SOUTI! 56 °38'20'• EAST AI.ON:G SAID LINF..A DISTANCE OF 69.93 FEET: THENCE SOUTH 48'44'23'• EAST 71.30 FEET: 'I. THENCE SOUTI! 45 °03'27" EAST 9.91 FEET TO THE WESTERLY MARGIN: flF JAMES C1fRISTEN:SEN ROAD NO. 1479: iifLtiCE 50::T1: 37 °54'4i" WEST 466.23 I'EET: TIi E CL SOCT1f 32'3 9'25" WEST 132.67 TENET: J!r NC, I: N:OFTI! AR'12 WEST 524.50 FEET. TI1r.::Cf: t:O1fTH 01'47': P." ETAS; 90. G6 FF:F.T 70 THE TRUE P011? Or R1;GIN.'CING: SITE.• „1 i.': TP.i: CIT'i 01 "11; h: W'; IJ�, COUtiT�' 01 KING, STATE ()I” W'ASH;NGTON.