HomeMy WebLinkAbout1993 - Non-Disturbance Attornment and Subordination Agreement - Sun Life Assurance Company / Lee dba The Breadboard Cafe - 9302191641After 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 TAE HO LEE and YOUNG JA LEE dba THE
BREADBOARD CAFE "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 .T.
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 Kin County, Washington to encumber the Premises, dated
1993, and recorded in King County, Washington, on
1993, under Recording No. l 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 "j with Equitec
Real Estate Investors Fund XVI dated January 25, 1991 and Amendment
to Lease dated January 16, 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
jj 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, thgn:
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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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 =vent that the Beneficiary or any other
person acquires title to tAe 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 Viereof, 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 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
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
!v obligates Landlord to erect or complete any building or to perform
any construction work or to make any improvements to the Premises.
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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
i
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, Te,')ant agrees to execute and
deliver to the Beneficiary or to any parson 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 and year first
above written.
TENANT:
TAE HO LEE YOUNG JA LEE
dba THE BREADBOARD CAFE
TAE HO LEE
YOUNG JA LEE
BENEFICIARY:
SUN LIFE ASSURANCE COMPANY OF CANADA
(U.S.), a Delaware corporation
Its: d
By:
Its:
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STATE OF WASHINGTON
ss.
COUNTY OF KING
I certify that I have satisfactory evidence that the
person appearing before me and making this acknowledgment is the
person whose true signature appears on this document.
On this day personally appeared before me TAE HO LEE, to
me known to be the individual described in and who executed the
within and foregoing instrument, and acknowledged that he /she
signed the same as his /her free and voluntary act and deed, for the
uses and purposes therein mentioned.
GIVEN under my hand and official seal this of
1993.
Notary •Public', and fot th ,,S
ti Of Washington, residing at
My commission expires: a
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STATE OF WASHINGTON
ss.
COUNTY OF KING
I certify that I have satisfactory evidence that the
person appearing before me and making this acknowledgment is the
person whose true signatu�.'e appears on this document.
On this day personally appeared before me YOUNG JA LEE,
to me known to be the individual described in and who executed the
within and foregoing instrument, and acknowledged that he /she
signed the same as his /her free and voluntary act and deed, for the
uses and purposes therein mentioned.
GIVEN under my hand and official seal this 7 61, day of
1 a "i.�Ll�f /,f 1443.
Notary Public in oAnd for the, S,ta�e
Of Washington, residing at �y,�,-
My commission expires: wl/
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C OMMONWEALTH OF MASSACHUSETTS 4'
COUNTY OF NORFOLK ss.
I certifv that T D,—,
State of Massachusetts 'F
C.)unty of Norfolk 1 13
On this 17th day of February, 1993 before me appeared %r
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 annexed instL 'anent, on
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 mentiooeld, and on oat.h stated that they were authorized to
execute said instrument, and that 'the seal affixed is the corporate seal of said
corporation.
WITNESS »HE OF, I h Y
��%Je �iereunto set my hand and affixed m official seal the
eland near fi st w [en abole.'
Denise Arnold, Notary Public
i My commission expires: August 6, 1993
Notary Public in and for the
Commonwealth of Massachusetts,
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:
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ALL THAT PORTION OF LOT 7 OF ANDOVER INDUSTRIAL PARK NO. 5. AS PER PLAT
1 RECORDED IN VOLUME 83 OF PLATS. PAGES 22 AUND 23. RECORDS OF KING COUNTY. LYING
NORTH OF THE FOLLOWING DESCRIBED LINEN
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 7:
THENCE NORTH 01 47'28" EAST, 149.78 FEET:
THENCE N0 RTHEAoIEnLt ALONG THE CURVE TO THE RIGHT HAVING A RADIUS OF 216.37
FEET THROUGH A CENTRAL ANGLE OF 05 °21'43 AS ARC DISTANCE OF 20.25 FEET TO
THE TRUE POINT OF BEGINNING OF SAID LINE;
THENCE SOUTH 88 °12'32" LAST 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
PARCEL A -3:
A PORTION OF THE WEST 1/2 OF SECNN 25 AND THE EAST 1/2 OF SECTION 26. ALL IN
TOWNSHIP 23 NORTH. RANGE 4 EAST W.M. DESCRIBED AS FOLLOWS:
jj 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:
CV THENCE ALONG A CURVE TO THE RIGHT RAVING 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 RAVING A RADIUS OF 410.28 FEET. THROUGH A
CENTRAL ANGLE OF 72 °16'35'. AN ARC DISTANCE OF 5:7.55 FEET TO AN INTERSECTION
WITH A LINE BEARING SOUTH 56'38'20" EAST:
THENCE SOUTH 5G °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 THE WESTERLY MARGIN OF .JAMES
CHRISTENSEN ROAD NO. 1479:
THENCE SOUTH 37',4'43 WEST 4GR.23 FEET.
i THENCE SOUTH 32 °39'25" WEST 132.67 FEET:
THENCE NORTH RR °12'32" WEST 524.50 FEET:
THFNCF. KORT1; 01'47'28" EAST 90.66 FEET TO THE TRUE POINT OF BEGINNING.
SITUATE 1.'* T3`t C171' OF TUKk',3.A. r.O;;NT)' OF KING. STATE OF WASHINGTOS.