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Home My WebLink About1993 - Non-Disturbance Attornment and Subordination Agreement - Sun Life Assurance Company / Gibson Enterprises dba Stylistx - 9302191612After recording return to:' David N. Lombard Schwabe, Williamson, Ferguson 6 Burdell 1420 Fifth Avenue, Suite 3400 Seattle. Washinaton 98101 -23;;9 (The above space is reserved for the recorder's office) NON DISTURBANCE, ATTORNMENT AND SUBORDINATION AGREEMENT THIS AGREEMENT, dated for reference purposes the litl,day of January, 1993, is between GIBSON ENTERPRISES, INC. dba STYLISTX "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 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 Countyy, Washington, on _/611 1993, under Recording No. /.�T (Tenant authdrizes Beneficiary or the escrow agent to fill in the date and recording information). nl PRELIMINARY STATF.MF.NT J Tenant has executed a Lease (the "Lease with Equitec Real Estate Investors Fund XVI dated July 24, 1990 and Amendment to Lease dated May 15, 1991 for a portion of the Premises. J 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 reans of the following non disturbance, attornment and subordination agreement. follows: NOW THEREFORE, the parties hereto covenant and agree as 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 <tW 91 ie39wroviisocn. t 1 t 1ILEi� f'ri,r rr t nfat AT REOLTST nF i5:1 \�,;111P l INSURANCF CO I A4 T. XF MIX 1491 0 affected or disturbed by the Beneficiary in the exercise of any o: its rights under the Deed of Trust or the Note secured thereby. b. In the event that Vie 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 need 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 l.andlbrd, and the Lease shall continue in full force and effect as a dirE:z 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 bffsets or deficiencies which the Tenant .night 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 may have paid to any prior landlord unless such deposit is'•is 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. CA Its: T'K.r \.4"' By: Its: x I -:3 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 other instruments as either shall request in order to effectuate said provisions. 5. This.Agrerement 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: GIBSON ENTERPRISES, INC. dba STYLI CV BENEFICIARY: SUN LIFE ASSURANCE COMPANY OF CANADA r\l (U.S.), a Delaware corporation r /l By: Its: (7/5D1/E'.060/D11L/50473. 1) By: Its: 3 .`Y r .v i• t 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 this zf� ay of 1993, befoYe me personally appeared Wi� and (Y to me known to be the /Cj�.2�/�2 and respectively, of GIBSON ENTERPRISES, INC. dba STYLISTX, the corporation that executed the within and foregoing nstrument, 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. .I U r pal. 01C Notary Public in nd for t e State of Washington, residing ail My commission expires: /5 N v (70591 /65060/0ML/50475.1) 4 s r,- F I a COMMONWEALTH OF MASSACF.USETTS COUNTY OF NORFOLK State of Massachusetts Countv 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 Sun Life Assurance Company of Canada, duly authorized to execute the annex<-e instrument, on behalf of Sun Life Assurance Company of Canada tU.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, and bn,oath stated that they were authorized to execute said instrument, and tktat:'-&ie s affixed is the corporate seal of said corporation. P IN WITNESS WHEREO I ha hezeunto set my hand and affixed my official seal the dand year f t wri ten above.', Denise A. Arnold, Notary Public My commission expires: August 6, 1993 Notary Public in and for the Commonwealth of Massachusetts, residing at My commission expires: CV v �D cv J t,1 V r 5 EXHIBIT A PARCEL A -l: ALL OF LOTS 1. 2 /.ND 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: 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 15 THE END OF SAID LINE: SITUATE IN THE CITY OF TUKWILA. COUNTY OF KING. STATE OF WASHINGTON. PARCEL A -3: i A PORTION OF THE WEST 112 OF SECTION 25 AND THE EAST 1/2 OF SECTION 2E. ALL IN TOWNSHIP 23 NORTH. RANGE 4 EAST W.M. DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST 114 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: f 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 °33'38 EAST 188.36 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 577.55 FEET TO AN INTERSECTION WITH A LINE REARING SOUTH 5G °38'20" EAST: THENCE SOUTH 56 °38'20" EAST ALONG SAID LINE A DISTANCE OF 69.93 FEET: THENCE SOUTH 48'44'23" EAST 71 i 0 FEET: THENCE SOUTH 45 °09'27" EAST 9.97 FEET TO THE WESTERLY MARGIN OF JAMES CHRISTENSEN ROAD NO. 1479: THENCE SOCTII 37'54'41" WEST 468.23 FEET: THENCE SOUTH 32'39'25" WEST 132.67 FEET: THENC£ NORTH 8P,'I2'32" WEST 524.50 FEET: THENCE NORTH G1'47'29" EAST 90.66 FEET TO THE TRUE POINT OF BEGINNING: SIT:':'.`. 7N.f CITY OF 'fi;Y.W'If,A. COL'NTl' 0T F.ING. STATE: OF WASHINGTON.