HomeMy WebLinkAbout1993 - Non-Disturbance Attornment and Subordination Agreement - Sun Life Assurance Company / Rosengreen dba Mary Kay Cosmetics - 93021916436
After recording retuxn to:
David N. Lombard
Schwabe, Williamson, Ferguson ;5 Burdell
1420 Fifth Avenue, Suite 3400
Seattle. Washinoton 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 SHARON and RUSSELL ROSENGREEN flba MARY
KAY COSMETICS "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
l.; "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 in King
County, Washington to encumber the Premises, dated
1993, and recorded in King County, Washington, on
1993, under Recording No'. l /.�(.�c T?!y (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 Hallwood
Real Estate Investors Fund XVI dated July 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 rights, safeguards, obligations and priorities
with respect to their respective interests in the Premises by means
of the following non 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 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 -be made subject to the Lease
and the rights of the Tenant thereunder; and the Tenant covenants
and agrees to at:torn 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.,agree_actnts 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 land�.ord 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 workA to make any_ i3iprovements �to the Premises.
2. Tenant agrees with Beneficiary that Tenant will not
voluntarily subordinate the Lease to any other lien or encumbrance
I 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,
1, and to any renewals, extensions, modifications or replacements
�l thereof.
4. 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 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 assigns.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be fully executed effective the day ar.- year first
above written.
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TENANT:
Sharon Rosengreen dba nary Kay Cosmetics
Russell Rosengreeh dba 'ary Kay Cosmetics
BENEFICIARY: J
SUN LIFE ASSURANCE COMPANY OF CANADA
(U.S.), a Delaware corporation
By: �1...�..� /'I.
Its: J
By:
Its:
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STATE OF WASHINGTON j
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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 this day personally appeared before me Sharon
Rosengreen and Russell Rosengreen dba Mary Kay Cosmetics, to me
known to be the individuals described in and who executed the
within and foregoing.instrument, and acknowledged that they signed
the same as their free and voluntary act and deed, for the uses and
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purposes therein mentioned.
GIVEN under my hand and official seal this day of
QIJIS 1993.
.4 Notary Public in ar�d for the State
of Washington, residing ap
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My commission expires: ,4 l�h
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COMMONWEALTH OF MASSACHUSETTS'
COUNTY OF NORFOLK
I certify that I know or have RAtiFfantAry pVidpnnp that
State of Massachusetts
County of Norfolk
On this 17th day of Felruary, 1993 before me anneared
Y_=
Margaret Sears Mead, to me known to be the Senior Associate Counsel o3 the Sun 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
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instrument to be the fr e 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, anq that the seal affixed is the corporate seal of said
corporation.
IN WITNESS WHEREOF, I have horeunto sei my hand and affixed my official seal the
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Denise A. Arnoll, Notary Public
My commission e pires: August 6, 1993
Notary Public in and for the
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Commonwealth of Massachusetts,
residing at
My commission expires:
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FX111I3IT A
PARCEL A -1
ALL OF LOTS 1. 2 AND 3 OF AS'DOV£R INDUSTRIAL PARK NO. 5. AS PER PLAT RECORDED
IN VOLUME 83 OF PLATS, PAGES 22 AND 23, RECORDS OF KING COUNTY:
SITUATE IS THE CITY OF TUKWII.A. 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, 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:
THENCE 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.
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PARCEL A -3:
A PORTION OF THE WEST 1/2 OF SECTION 25 AND THE EAST 1/2 OF SECTION 26. ALL IN
TOWNSHIP 23 NORTH. RANGE 4 EAST W.N. 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
r� 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
CENTP:L ANGLE OF 46 46'10`. AN ARC DISTANCE OF 334.90 FEET;
THENCE NORTH 48 °33'38" EAST 188.36 FEET:
,HENCE ALONG A CURVE TO THE RIGHT HAVING 'A RADIUS OF 410.26 FEET. THROUGH A
CENT ?-:L ANGLE OF 72 16'35 AV ARC DISTANCE OF 517.55 FEET TO AS INTERSECTION
WITH A LINT BEARING SOUTH 56 38'20" EAST:
(HENCE SOUTH 56 38'20" EAST ALONG SAID LINE A DISTANCE OF 69.93 FEET:
TP.E` :CE SO::Tll 48 °4:'23" EAST 71.30 FEET:
THENC:: SOL''P. 45'09'27" EAST 9.91 FEET TO THE WESTERLY MARGIN OF JAMES
CHP: STK! :5EN ROAD NO. 1479:
THE.SCE SiC'!i 37°,4'41" WEST 468.23 FEET.
7H Et :LF 32 °39'25" WEST 132.67 FEET:
88 °12'32" WEST 524.50 FEET:
Tii ^:"I: •..,.Tii 01 °47'28" EAST 90.66 FEET TO THE. TRUE POINT OF BEGIN %I
T!fi CITY OF COUNTY OF KING. STATE OF WASHINGTON.