HomeMy WebLinkAbout1993 - Non-Disturbance Attornment and Subordination Agreement - Sun Life Assurance Company / In Home Health Inc - 9302191650After 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
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THIS AGREEMENT, dated for reference purposes the 13th day
of January, 1993, is between PR6FESSI HOMECARE nF w A&H1N1rTAN,
INC., dba_+;ASH- NGTett E "Tenant and SUN LIFE ASSURANCE
COMPANY CANADA (U.S.), a Delaware corporation "Beneficiary
the under a Deed of Trust, Assignment of Rents and
Security Agreement "Deed of Trust to be executed by Hallwood
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Real Estate Investors Fund XVI, a Delaware general partnership
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(formerly Equitec Real Estate Investors Fund XVI, a California
limited artnershi
p p), or its scccessor (the holder of the
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Landlord's interest in the Lease described below is herein called
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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
King County, Washj,� ton, on =%/,3' 1993, under Recording
No. r /X; ;X,� (Tenant au horizes 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 July 30, 1991 for a portion of
1 the Premises. Beneficiary will hold the Deed of Trust described
above on the Premises. Tenant and Beneficiary desire hereby to
T 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
c agreement.
14OW 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 right of possession of Tenant to the leased
premises and Tenant's rights arising out of the Lease shall not be
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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
Vi provisions thereof, to all advances made or to be made thereunder,
and to any renewals, extensions, nod ifications or :eplacenents
thereof.
affected or disturbed by the Beneficiary in the exercise of any of
its rights under the Deed of Trust or the Note secured thereby.
b. In the event that the Beneficiary or any other
person acquires title to the ('remises 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 !.ovenants that any sale by it of the
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Premises pursuant to the exercise of any rights or remedies under
the Decd of Trust, or otherwise, shall be made subject to the Lease
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and the rights of the Tenant thereunder; and the Tenant covenants
and agrees to attorn to the Beneficiary, or such person .ho 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
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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
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
(4) bound by any security deposit which Tenant
nay 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
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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
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
Vi provisions thereof, to all advances made or to be made thereunder,
and to any renewals, extensions, nod ifications or :eplacenents
thereof.
4. The foregoing p_ovisions 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 prov)sions.
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 an�i assigns.
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IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be fully executed effective the day and year first
above written.
TENANT:
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By: l
Its: x"' 1'VAc
By:
Its:
O BENEFICIARY:
SUN LIFE ASSURANCE COMPANY OF CANADA
(U.S.), a Delaware corporation
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Its:
By:
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STATE OF WA-Sizz ��^r T'AN
ss.
COUNTY OF
I certify that I knot/ or have satisfactory evidence that
the persons appearing before ne and making this acknowledgment are
the persons whose true sign; appear on this document.
On this 1� day of JO/l uef r tj 1993, before me
personally appeared k .7 4-1G« e_ and
r
to me" known to be the
exec. V. P/ C rCU and
respectively, of PROFESSIONAL HOMECARE OF WASHINGTON, INC., dba
WASHINGTON HOMECARE, 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.
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WITNESS my hand and official seal hereto affixed the day
and year first above written.
Nota(Yy Public in and for the State
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of Washington, residing at&0j L've1 Cn 7oaldlf
My commission expires: "3E6 -5T /W4F -s 5�o
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COMMONWEALTH OF MASSACHUSETTS
COUNTY OF NORFOLK
State of Massachusetts
County of Norfolk
On this 17th day of February, 1993 before me appeared
Xargaret Sears `lead, to me known to be the Senior Associate Counsel of the Sup: Life
Assurance Company of Canada, duly "authorized to execute the annexed instrument, on
behalf of Sun Life Assurance Company of Canada (U.S.), and acknowledged the said
instrument to be the free and.woluriCary act and deed of said corporation, for the uses
and purposes therein mentioned„ and'an 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 have hereunto set my hand and affixed my official seal the
a v and year first writ,tten e.
Denise A. Arnold, Rotary Public
My commission expires: August 6, 1993
Notary Public in and for the
Commonwealth of Massacfiusdtts,
residing at
My commission expires:
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TXHIBIT A
PARCEL A -I:
ALL OF LOTS 1. 2 AND 3 OF ANDOVER INDUSTRIAL PARK NO. 5. AS PER PLAT RECORD'
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. S. AS PER PLAT
RECORDED IN VOLUME 83 OF PLATS, PAGES 22 AND 23, RECORDS OF KING COUNTY, LS
NORTH OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 7:
THENCE NORTH 01 °47'28" EAST. 149.78 FEET:
THENCE NORTHEASTERLY ALONG THE CURVE TO THE RIGHT HAVING A RADIUS OF 216.3S
FEET THROUGH A CENTRAL ANGLE OF O5 °21'43 AN ARC DISTANCE OF 20.25 FEET T(
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 TUKWILA. COUNTY OF KING. STATE OF WASHINGTON.
9
PARCEL A -3:
A PORTION OF
THE WEST 1/2 OF SECTION 25 AND THE EAST 1/2 OF SECTION 26. AL'
TOWNSHIP 23
NORTH. RANGE 4 EAST W.M. DESCRIBED AS FOLLOWS:
.i
I;
BEGINNING AT
THE EAST 1/4 CORNER OF SAID SECTION 26:
THENCE NORTH
88 °06'42" WEST ALONG THE EAST- WEST.GENTERLINE OF SAID SECTION
A DISTANCE OF
105.84 FEET TO THE TRUE POINT OF BEGINNING:
THENCE NORTH
01 °47'28" EASI' 2.45 FEET TO A POINT OF CURVATURE:
THENCE ALONG
A CURVE TO THE RIGHT HAVING A RADIUS OF 410.28 FEET. THROUGH
1
CENTPAL ANGLE OF 4G °46'10'. AN ARC DISTANCE OF 334.90 FEET:
I
THENCE NORTH
48 °33'38" FAST 188.36 FEET:
THENCE ALONG
A CURVE TO THE RIGHT HAVING A RADIUS OF 410.28 FEET. THROUGH
j
CENTRAL ANGLE OF 72 °16'35 AN ARC DISTANCE OF 517.55 FEET TO AN INTERSECI
j
WITH A LINE
BEARING SOUTH 56 °38'20" EAST:
S
THENCE SOUTH!
56°38'20"' EAST ALONG SAID LINE A DISTANCE OF 69.93 FEET:
THENCE SOUTH
48 °44'23" EAST 71.30 FEET:
THENCE SOUTH
45 °09'27' EAST 9.91 FEET TO TEE %ES?ERLY MARGIN OF JAMES
�j
CHRISTENSEN f!OAI) NO. 1479:
TIIENCI: SO::Tf!
37 °54'47" WEST 46P.23 FEET.
THENCE. SOUTH
32'33'25" WEST 132.67 FEET:
7HCSCF SOUTH
PP.'12'32" WEST 524.;0 FF.F,
THENCE 1 :OF.Tt!
(71 °47'2P" EAST 90.66 FEET TO TI;F TRUE POINT OF BEGINNING.
SIT::.:;! ;N TKF
cm OF 'fUF :W;I.t.. COVNT'i OF KING. STATE OF WASHINGTON.