HomeMy WebLinkAbout1993 - Non-Disturbance Attornment and Subordination Agreement - Sun Life Assurance Company / Sylvania Rentals - 9302191645After recording return to:
David N. Lombard
Schwabe, Williamson, Ferguson Burd ll
1420 Fifth Avenue, Suite 3400
Seattle. Washington 9P101 -2339
(The above space• is reserved for the recorder's office)
NON DISTURBANCE, ATTORNNENT AND SUBORDINATION AGREEMENT
THIS AGREEMENT, dated for reference purposes the1LL day
of January, 1993, is between SYLVANIA RENTALS, 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
�y the Landlord's interest in the Lease described below is herein
`j 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
encumber the Premises, dated 1993, and recorded in
King County, Waoin F pn, on %C 1993, under Recording
No. (Tenant authorizes Beneficiary or the escrow
agent to fill in the date and recording information).
PRELIMINARY STATEMENT
;!1 Tenant has executed a Lease (the "Lease with Equitec
Real Estate Investors Fund XVI dated July 27, 1989 for a portion of
the Premises. Beneficiary will hold the Deed of Trust described
C above on the Premises. Tenant and Beneficiary desire hereby to
establish certain rights, safeguards, obligations and priorities
v with respect to their respective interests in the Premises by means
of the following non disturbance, attornment and subordination
agreement.
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follows: NOW THEREFORE, the parties hereto covenant and agree as
1. Provided that the Lease is in full force and effe'et
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
affected or disturbed by the Beneficiary in the exercise of any of
its rights under the Deed 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 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 bF made subject to the Lease
and the rights of the Tenant thereunde�:;.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 landlbrd,
and the Lease shall continue in full force and effect as a dl*rect
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
(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.
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, extensions, modifications or replacements
thereof.
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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 othv.r 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:
SYLVANIA RENTALS, INC.
By:
Its:
By:
Its:
BENEFICIARY:
SUN LIFE ASSURANCE COMPANY OF CANADA
(U.S.), a Delaware corporation
Its:
By:
Its:
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COUNTY OF
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 S day g —(p 1993, before me
personally appeared 1 "IT /sAQQ, =K JN an
to me known to be the l G „r,r y, and
respectively, of SYLVANIA RENTALS, 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.
No ary Public inUand for the Stat('
e of residing at
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COMMONWEALTH OF MASSACHUS
COUNTY OF NORFOLK ss.
State of Massachusetts
County of Norfolk
On this 17th day of February, 1993 before me appeared
Margaret Sears Mead, to me known to be the Senior Associate Counsel of the Sur. Life
Assurance Company of Canada, duly authorized to execute the annexed ins rument, on
behalf of Sun Life Assurance Company 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; an8 oii.oath stated that they were authorized to
execute said instrument, and'that�the'� affixed is the corporate seal of said
corporation. r
IN WITNESS WHEREOF ave ?te'leunto set my hand and affixed my official seal the
Z )and year f" sC wr'tten a Vet
Denise A. Arnold, Notary Public
M commission expires: August 6, 1993
Notary Public in and for the
Commonwealth of Massachusetts,
j residing at
My commission expires:
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PARCEL A -1:
ALL OF LOTS 1. 2 AND 3 OF ANDOVER INDUSTRIAL PARK NO. S. 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;
TiiLXCE NORTHEASTERLY 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:
SITUATE IN THE CITY OF TUKWILA. COUNTY OF KING,.,STATE OF WASHINGTON.
V'
PARCEL A -3:
PORTiON OF THE WEST I/2 OF SECTION 25 AND T °E 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:
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 HAVING A RADIUS OF 410.28 FEET. THROUGH A
CENTRAL ANGLE OF 46 °46'10 AN ARC DISTANCE OF 334.90 FEET:
THENCE NORTH 48 °33'36" EAST 188.3E FEET:
THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 410.28 FEET. THROUGH A
CENTRAL ANGLE OF 72 °16'35". AN ARC DISTANCE OF 517.55 FEET TO AN INTERSECTION
WITH A LINE REARING SOUTH 56 °38'20" EAST:
THENCE SOUTH 56 °3P,'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 THE WESTERLY MARGIN OF JAMES
CHP.ISTENSEN ROAD NO. 1479:
THEI:CE: SOUTH 37'r,4'4,*' WT:ST 468.23 FEET:
'P.ESCF. SOUTH 32 WEST 132.67 FEET:
.PrNCE, NORTH P,8 WEST 524.50 FEET:
'HEN'CE NORTH 01'47'2P." EAST 90.GG FEET TO THE TRUE POINT OF BEGINNING:
71 CITY 01 7CY.w1LA. COL'STl' OF K1.14- STATE. OF WA'SHINGTOS